Terms of Service for Customers This agreement governs your access to and use of the content, reports, documents, products, and services (collectively referred to as the “Services”) we make available through https://www.digitalvibes.io (referred to collectively as the “Services”). It is between you and Anycast Technology Private Limited, an Indian company with its registered office at 1st Floor, Landmark Cyber Park Sector-67, Gurgaon Haryana 122018 IN (hereafter referred to as “Digital Vibes As the Agreement regulates how you use the Site and Services, please take the time to read it carefully.

Here at DIGITAL VIBES we believe that all influencer posts should be transparent and put consumers first. In order to avoid false or misleading campaigns or posts, Influencers and Brands must both disclose that they are being compensated by the Brand. DIGITAL VIBES expects that all users comply with all applicable Laws and industry self-regulation relating to influencer marketing, including the Advertising Standard Council of India (ASCI), AANA Guidelines (AU), CAP Code (UK), and Federal Trade Commission’s Guides Concerning Endorsements and Testimonials in Advertising (USA) as applicable to each Brand. This means that all influencer marketing posts which are being facilitated through DIGITAL VIBES should be transparent and labelled with appropriate disclosures, such as #ad. In order to ensure that consumers are aware of the sponsored posts’ commercial character, we require Influencers and Brands to stay current on the most recent best practises for labelling influencer marketing posts.

The understanding between the Parties is set forth in these Customer Terms of Service (hereafter, the “Agreement”).

The Parties hereto agree as follows:

#Introduction

Your use of https://www.digitalvibes.io (hereafter referred to as the “website”) is subject to the following terms and conditions. The single and exclusive owner of the Digital Vibes, owned and registered entirely and exclusively in its name, is Anycast Technology Private Limited (hereinafter referred to as “company”). These terms and conditions are fully accepted by you by using Digital Vibes in any way and in any capacity.

In accordance with the provisions of applicable laws, such as the Consumer Protection (E-Commerce) Rules 2020, which mandate publishing the rules and regulations, privacy policy, and terms of use for access or usage of the P, this document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and the rules thereunder as applicable, as well as the provisions pertaining to electronic records in various statutes as amended by the IT Act. Additionally, platform refers to the Digital Vibes in this paper. There is no need for a physical or digital signature on this electronic record because it was created by a computer system.

#User Account

In order to access the Services, you must first successfully register for a user account (the “User Account”) and get a username and password (“User ID”). If a User ID is given to you, it is your responsibility to keep it safe, not to disclose it to anyone else, and not to acquire or harvest any personal information about other Digital Vibes users, including account names. Any Personal Account that has been issued to you may, at any time, be disabled by Digital Vibes in its sole discretion. You could be barred from accessing Digital Vibes, your account information, or any Campaigns connected to your account if Digital Vibes disables access to a Personal Account provided to you.

By signing up with Digital Vibes, you consent to receiving emails, such as newsletters, product updates, and opportunities. Each group will have an unsubscribe option. You guarantee that you will enter into legally binding contracts with Us by accessing or using the Website.

If You Accept These Terms Of Service on Behalf of a Business Entity, You Represent and Agree That You Have All Necessary Powers and Authorizations to Act on Behalf of such Business Entity and to bind such Business Entity to these Terms Of Service. By creating the User Account, You Agree to: (i) Provide and Maintain Current, Accurate, and Complete Information About Yourself and Your Company (“Information”); (ii) Accept Responsibility for All Activities Under the User Account. We have the right to suspend or delete your User Account if We have good reason to believe that the Information You Provide is unreliable, insufficient, or Falsifies or Impersonates Another Person. We will store and utilise all information in compliance with our privacy policy.

In order to register the User Account, you will be asked to choose a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating Your Account, You must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one User, and sharing your access credentials with others (especially if they are using Your credentials to access Our Content (as defined below) is a material breach of these Terms of Service. You are solely responsible for the confidentiality and use of your Sign-In Name and Password, as well as for any use, misuse, or communications entered through the Websites using one or more of them. You will promptly inform Us of any need to deactivate a Password or Sign-In Name. Digital Vibes will not be liable for any loss or damage caused by any unauthorized use of Your Account. By creating the User Account and providing details of a business entity, You confirm that You are an authorised employee, contractor, or representative of the business entity. Digital Vibes shall not be responsible in any manner and bear no liability for Your activities carried out without such authorisation.

#Use of the Website

You acknowledge that you are accountable for your actions by accessing and using the Website. To the best of your knowledge, you guarantee that:

• You have the necessary rights, power, and authority to agree to and comply with these Terms of Service and its requirements.
• All information you post or submit must be genuine, accurate, and not deceptive, and you must not let anyone else to use your user account.
• The data and user content you give, post, email, send, or otherwise make available to us or on the website, including reviews, trademarks, logos, screenshots, and videos, among other things, is correct and unhindered by third parties.
• You will abide by all applicable rules and bear full responsibility for your submission of such Content when you approve or provide User Content on the Website
• You agree to refrain from posting or otherwise making available any User Content that is illegal, defamatory, libellous, abusive, derogatory, pornographic, invading of another’s privacy, encourages illegal activity or conduct, or otherwise violates the law;
• “You will not post or otherwise make available User Content that You are not authorised to make available under any law, contract, or fiduciary relationship (such as insider information, proprietary information, and confidential information learned or disclosed through employment relationships, or information covered by nondisclosure agreements)
• You won’t publish or otherwise make available any User Content that has the potential to compromise or otherwise restrict the functionality of any computer software, hardware, or telecommunications equipment, including software viruses.

At Our discretion, We may, but are not compelled to, monitor and stop User activity on the Website, and/or modify or remove User Content that doesn’t follow these Terms of Service or otherwise violates them.

#Fees

You are responsible for paying Digital Vibes all applicable fees and taxes (referred to as the “Fees”) for the services they provide. You hereby agree that we (or our third-party payment processor) may use your credit card, bank account, or other approved payment facility that you provided during the registration process to authorise the full payment of the Fees. Every fee will be assessed and paid in Indian Rupees.

The accuracy of all payment information and the availability of the funds for payment are your responsibility. You consent not to hold Us accountable for payments that do not reach Us due to inaccurate payment information you provided or a payment processor’s refusal for any other reason.

#Confidentiality

The term “Confidential Information” refers to all non-public information, in any form or medium, whether or not it has been designated as confidential by one party (the “Disclosing Party”) and disclosed by that party to the other party (the “Receiving Party”) under this Contract, regardless of the method of disclosure, and without limitation, includes related documents and information without the need to designate it as such. BUT DOES NOT INCLUDE any information to the extent, but only to the extent, that such information becomes or is: (a) already known to or in the possession of the Receiving Party free of any restriction at the time it is obtained from the Disclosing Party; (b) subsequently learned by the Receiving Party from an independent third party free of any restriction and without breach of this Contract or any Contract with such third party; (c) publicly available through no wrongful act of the Receiving Party; or (d) independently developed by the Receiving Party without reference to any Confidential Information, as evidenced by the ordinary business records of the Receiving Party.

#Intellectual Property Rights

Under these Terms of Service, Digital Vibes shall possess all rights to the intellectual property and material contained in this Website, save for any content You own that You may have chosen to include on this Website. All such rights are reserved.

Under these Terms of Service, Digital Vibes shall possess all rights to the intellectual property and material contained in this Website, save for any content You own that You may have chosen to include on this Website. All such rights are reserved.  

#Your Content

You confirm that you have the legal authority to use the content you’ve given by submitting it. Through your Content, you may not violate anybody else’s intellectual property rights. You give Digital Vibes unrestricted, sublicensable, royalty-free, perpetual, and irrevocable rights to store, use, distribute, advertise, adapt, remix, modify, display, perform, excerpt, create derivative works of, reproduce, and sell Your Content in order to fulfil your service requests and pursue Digital Vibes’s business interests. You recognise and acknowledge that Digital Vibes is under no duty to watch over or evaluate Your Content. Digital Vibes maintains the right to refuse to upload, change, delete, or remove Your Content in whole or in part if it does not adhere to these Terms of Service or could damage the company’s reputation. 

#DISCLAIMER

EXCEPT AS SPECIFICALLY SET FORTH HEREIN (I) YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK, AND (II) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT OR SYSTEM INTEGRATION. WHILE THE WEBSITE MAY SERVE AS A PLATFORM TO HOST; INCLUDING BUT NOT LIMITED TO; SOFTWARE/PLATFORMS/AGENCIES/TOOLS AND SERVICE AND PRODUCT LISTINGS, WE ARE NOT RESPONSIBLE FOR ENSURING THE LEGAL AND/OR REGULATORY COMPLIANCE OF ANY SERVICE MADE AVAILABLE ON THE WEBSITE. WE DO NOT WARRANT THAT THE WEBSITE WILL BE SECURE, AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER; THAT ERRORS OR DEFECTS WILL BE CORRECTED; OR THAT THE CONTENT ON OUR SITES IS ACCURATE OR APPROPRIATE FOR YOU AND YOUR BUSINESS NEEDS.

#Indemnification

The User (in its capacity as “Indemnitor”) agrees to defend, hold harmless, and indemnify Digital Vibes, its affiliates, agents, and employees (in its capacity as “Indemnitee”) from and against any and all third-party claims, liabilities, losses, and expenses (including damage awards, settlement sums, and reasonable attorneys’ fees) resulting from or connected to each User’s individual violation of these Terms of Service, except to the extent that such losses and expenses arise from the User. 

#Limitation of Liability

Even after being informed of such damages, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages resulting from or connected to the use of the service or Users’ use of the website, including without limitation, loss of profits, revenue, interest, goodwill, loss or corruption of data, or other interruptions of business.

#Termination

If we suspect that User is breaking these Terms of Service, we retain the right, in our sole discretion, without cause or prior notice, to alter or stop (temporarily or permanently) the service, or any portion thereof. The User may also be held legally and criminally liable if they use or attempt to use the Website in a manner that violates these Terms of Service, including but not limited to altering the security or functionality of the Website through hacking, data scraping, or other means.

#Severability

If any term of these terms of service is determined to be illegal or unenforceable under any applicable law, such finding shall not render these terms of service illegal or unenforceable as a whole, and such term shall be deleted without affecting the remaining terms of this agreement.

#Assignment

Any rights or duties that Digital Vibes has under these Terms of Service may be assigned, transferred, or subcontracted without notification or approval. Any rights and/or duties you have under these Terms of Service, however, may not be assigned, transferred, or subcontracted by you.

#Force Majeure

Due to events beyond its reasonable control, such as natural disasters, acts of God, governmental regulations, war, terrorism, labour disputes, power outages, epidemics, and pandemics, Digital Vibes will not be held responsible for any failure or delay in performance under these Terms of Service.

#Governing Law

The laws of India shall govern these terms of service, together with any non-contractual rights or responsibilities arising out of or related to them. Any legal action resulting from these Terms of Service or connected thereto must be brought in the courts of Gurugram, Haryana.

#Waiver & Severability

It is not a waiver of our right to act in response to subsequent or similar breaches if we choose not to take action in response to one that violates these Terms of Service. The invalidity, voidness, or unenforceability of any provision of these Terms of Service shall not impact the validity and enforceability of any other provision or term of these Terms of Service, which shall continue in full force and effect.

#Entire Agreement

The User and Digital Vibes are bound by these Terms of Service and any documents linked to herein as the full and exclusive agreement with respect to the User’s usage of the service through this Website.

#International Users

You do so at your own risk and are in charge of adhering to any and all laws, rules, regulations, or decrees that may apply in your country if you visit the Site from a location outside of India.

#Entire Contract

These Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Digital Vibes and you regarding the Service. They represent your whole and only understanding and agreement with respect to the Service.

#Contact

You may contact DIGITAL VIBES via:

Telephone : +91- 01203106482

E-mail : media@digitalvibes.io

Web : https://www.digitalvibes.io/

#Revision

Our website and the services provided on this platform are regularly updated. As a result, any terms and conditions outlined in this document may be changed, modified, altered, updated, added, or discontinued. It shall be your duty to periodically review the terms for modifications. To ensure that you are aware with any updates, please revisit this page frequently. You will be regarded to have seen the amended terms and conditions and to have given your approval if you use Digital Vibes in any way or capacity.