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Terms and Conditions of Service

This is a legal agreement ("Agreement") between you and Vibrant Souls. Please read the Agreement carefully before registering for any of the services and programs of Vibrant Souls or providing any information to Vibrant Souls. By registering for and/or submitting information, you become a member of the Service (a "Member"), and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Member.

IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR OR SUBMIT ANY INFORMATION TO VIBRANT SOULS. THE TERMS ARE SUBJECT TO CHANGE BY Vibrant Souls AT ANY TIME. Check this agreement frequently for updates.

MINORS MAY NOT BECOME MEMBERS WITHOUT THE EXPRESSION WRITTEN CONSENT OF THEIR PARENT/GUARDIAN. By becoming a Member, you represent and warrant that you are at least 18 years old. If you are not at least 18 years old, please submit, in writing, your parent/guardian’s authorization to:

Vibrant Souls
info@vibrantsouls.com

Either you or Vibrant Souls may terminate your Vibrant Souls membership at any time, for any reason, without explanation, effective upon sending written notice to the other party. Vibrant Souls reserves the right to immediately suspend or terminate your access to the Vibrant Souls, without notice, upon any breach of this Agreement by you which is brought to Vibrant Souls’ attention.

Your membership in Vibrant Souls is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.

REGISTRATION. To become a Member, you must register with Vibrant Souls. When and if you register to become a Member, you agree to provide accurate, current and complete information about yourself as prompted by our registration form ("Registration Data"), and to maintain and update your information to keep it accurate, current and complete. You agree that we may rely on your Registration Data as accurate, current and complete. You acknowledge that if your Registration Data is untrue, inaccurate, not current or incomplete in any respect, we reserve the right to terminate this Agreement and your use of the Service.

We cannot guarantee that each Member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication, or other use or access of the Service by persons under the age of 18 in violation of these Terms.

You will not impersonate any person or entity.

You will not "stalk" or otherwise harass any person.

You will not express or imply that any statements you make are endorsed by us, without our specific prior written consent.

You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.

You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

You will not remove any copyright, trademark, or other proprietary rights notices contained in the Service.

You will not interfere with or disrupt the Service or the servers or networks connected to the Service.

You will not post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.

You will not "frame" or "mirror" any part of the Service’s Web site, without our prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Vibrant Souls, the Service, or its Web site in order to direct any person to any other Web site for any purpose.

You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service or its Web site or any software used on the Service and its Web site or cause others to do so.

ONLINE CONDUCT. As a Member, you agree that:

1. You are solely responsible for the content or information you publish or display (hereinafter, "post") on Vibrant Souls, or transmit to other Vibrant Souls’ Members.

2. You will not post on Vibrant Souls, or transmit to other Vibrant Souls’ Members or Employees,

· any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing,

· racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).

3. You will use Vibrant Souls in a manner consistent with any and all applicable laws and regulations.

4. You will not include in your profile and/or memorial tribute any telephone numbers, street addresses, last names, URLs or email addresses other than where asked for it in the Confidential Personal Information section.

5. You will not include in your profile any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information. Vibrant Souls reserves the right, but has no obligation, to reject any profile or photo that does not comply with these and other prohibitions.

6. You will not engage in advertising to, or solicitation of, other members to buy or sell any products or Services through the Service. You will not transmit any chain letters or junk email to other Vibrant Souls Members.

7. You are solely responsible for your interactions with other Vibrant Souls Members. Vibrant Souls reserves the right, but has no obligation, to monitor and/or mediate disputes between you and other Members.

INDEMNITY BY MEMBER: You will defend, indemnify, and hold harmless Vibrant Souls, its directors, officers, managers, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Vibrant Souls Service, including:

(i) your breach of this Agreement; (ii) any allegation that any materials that you submit to us or transmit to the Service infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the Service. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

The personal information (including sensitive personal information) you provide to us will be stored on computer. You consent to us using this information to build up a profile of interests, preferences, and browsing patterns, and to allow you to participate in the Service. All Members also agree to uphold and maintain our Privacy Policy and to the terms and conditions thereof.

In addition, Vibrant Souls disclaims all liability, regardless of the form of action, for the acts or omissions of other Members or users (including unauthorized users, or "hackers") of the Service.

GENERAL PROVISIONS. This Agreement with you, set out in these Member Terms and Conditions, is governed by California law, and you and we submit to the non-exclusive jurisdiction of the California Courts in the event of any dispute regarding these Terms or the Service or the Service or any matter related thereto. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

This Agreement, accepted by you upon registering for the Service, contains the entire agreement between you and Vibrant Souls regarding the Service and its Web site, including the Privacy Policy. In the event of any conflict between the Privacy Policy and this Agreement, this Agreement shall control. Unless otherwise explicitly stated, the Terms will survive termination of your membership to the Service. This Agreement shall terminate immediately and without notice if you breach any of the Terms, subject to the survival of all rights and reservations of Vibrant Souls. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

The Member certifies that the Member has read and agrees to be bound by these Terms and Conditions.

ONLINE CONTENT: Opinions, advice, statements, offers, or other information or content made available through Vibrant Souls, but not directly by Vibrant Souls, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Vibrant Souls DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, AND NEITHER ADOPTS NOR ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN Vibrant Souls. UNDER NO CIRCUMSTANCES WILL Vibrant Souls BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE Vibrant Souls Service, OR TRANSMITTED TO Vibrant Souls MEMBERS. Vibrant Souls does reserve the right to confirm any of the information provided by its members.

WARNING - PLEASE READ THIS: It is possible that other Vibrant Souls Members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on Vibrant Souls, and that you may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. Vibrant Souls is not responsible for the use of any personal information that you disclose on the Service. Please carefully select the type of information that you post on Vibrant Souls or release to others.

Vibrant Souls RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF Vibrant Souls. Vibrant Souls SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT IN ITS SOLE OPINION VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT OF Vibrant Souls, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE E-MAIL MESSAGES. E-MAILS SENT BETWEEN YOU AND OTHER Vibrant Souls MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC WILL BE TREATED AS PRIVATE BY Vibrant Souls TO THE EXTENT REQUIRED BY APPLICABLE LAW.

PROPRIETARY RIGHTS: Vibrant Souls owns and retains other proprietary rights in Vibrant Souls. Vibrant Souls contains the copyrighted material, trademarks, and other proprietary information of Vibrant Souls. In addition, other Members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

By posting information or content to any public area of Vibrant Souls , you automatically grant, and you represent and warrant that you have the right to grant, to Vibrant Souls and other Vibrant Souls Members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.

INFORMATION SUPPLIED BY MEMBER: Vibrant Souls will keep confidential all information supplied by you to Vibrant Souls, including credit card number(s), and shall use or disclose such information only for the purposes for which such information was collected, or as required by law. Please see Privacy Policy for more detailed information concerning confidentiality.

DISCLAIMER OF WARRANTY: Vibrant Souls PROVIDES VIBRANT SOULS ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH Vibrant Souls OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE. Vibrant Souls specifically DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Vibrant Souls does not warrant that your use of the Vibrant Souls Service will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Service will be corrected. Vibrant Souls DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.

LIMITATION OF LIABILITY: IN NO EVENT WILL Vibrant Souls BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE Vibrant Souls SERVICE, EVEN IF Vibrant Souls OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Vibrant Souls’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Vibrant Souls FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

Vibrant Souls DO NOT GUARANTEE TO SCREEN THE MEMBERS REGISTERING TO THE SERVICE. AS A RESULT, Vibrant Souls WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, FOR DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER MEMBERS OF THIS SERVICE, OR INTRODUCED TO YOU VIA THIS SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY, AND/OR EMOTIONAL DISTRESS AND DISCOMFORT.

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