Terms and Conditions
Last updated: December 26, 2023.
Please read these terms and conditions carefully before using Our Service.
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Interpretation and Definitions
Interpretation
The words in which the initial letter is capitalized (or not capitalized) have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear singular or plural.
Definitions
For these Terms and Conditions:
● “Affiliate” means an entity that controls, is controlled by, or is under common control with a party, whereas “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
● “Account” means an individual account created for You to access our Service or parts of our Service.
● “Company” (referred to as either “the Company,” “We,” “Us,” or “Our” in this Agreement) refers to [Charming Vibes 4u].
● “Country” refers to [Slovenia].
● “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
● “Device” means any device that can access the Service, such as a computer, a cellphone, or a digital tablet.
● “Feedback” means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
● “Products” refers to the products or items offered for sale on the Service.
● “Orders” refer to your request to purchase products from us.
● “Promotions” refer to contests, sweepstakes, or other promotions offered through the Service.
● “Service” refers to the Website.
● “Terms and Conditions” (also referred to as “Terms”) mean these Terms and Conditions that form the entire Agreement between You and the Company regarding the use of the Service.
● “Third-party Social Media Service” means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
● “Website” refers to [Charming Vibes 4u], accessible from [https://charmingvibes4u.com/]
● “You” means the individual accessing or using the Service, the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing this Service’s use and the agreement between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding using the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions, which apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, you may not access the Service.
You represent that you are over 18 years old. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Company’s Privacy Policy. Our Privacy Policy describes our policies and procedures for collecting, using, and disclosing your personal information when you use the Application or the Website. It also tells you about your privacy rights and how the law protects you. Please read Our Privacy Policy carefully before using Our Service.
Content
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content you post to the Service, including its legality, reliability, and appropriateness.
You retain any of Your rights to any Content You submit, post, or display on or through the Service, and You are responsible for protecting those rights. By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Content Restrictions
The Company is not responsible for the Content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and all activity under your account, whether by You or any third person using Your account.
Unlawful or promoting unlawful activity. You may not transmit any illegal Content that is offensive, upsetting, intended to disgust, threaten, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
● Defamatory, discriminatory, or mean-spirited Content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
● Spam, machine – or randomly generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
● Containing or installing any viruses, worms, malware, trojan horses, or other Content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
● You infringe on any party’s proprietary rights, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
● It impersonated any person or entity, including the Company and its employees or representatives.
● Violating the privacy of any third person.
● False information and features.
The Company reserves the right, but not the obligation, to, at its sole discretion, determine whether or not any Content is appropriate and complies with these Terms and refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all Content posted by users and third parties on the Service, you agree to use the Service at your own risk. You understand that you may be exposed to Content that You may find offensive, indecent, incorrect, or objectionable by using the Service. You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content or any loss or damage incurred as a result of your use of any content.
Content Backups
Although regular backups of Content are performed, the Company does not guarantee any loss or corruption of data.
Corrupted content before being backed up or changed when a backup is performed may cause corrupt or invalid backup points.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the Content backups. But You acknowledge that the Company has no liability for content integrity or failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. Our policy is to respond to any claim that Content posted on the Service infringes any person’s copyright or other intellectual property infringement.
Suppose You are a copyright owner or authorized on behalf of one. You believe that the copyrighted work has been copied in a way that constitutes copyright infringement through the Service. In that case, You must submit Your notice in writing to the attention of our copyright agent via email ([COPYRIGHT_AGENT_CONTACT_EMAIL]) and include a detailed description of the alleged infringement in your information.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting any content infringing on your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification under the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
● An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
● A description of the copyrighted work you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
● Identify the URL or specific location on the Service where the material you claim infringes.
● Your address, telephone number, and email address.
● A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
● You made a statement under penalty of perjury that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact us via email ([info@charmingvibes4u.com]). Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged Content from the Service.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features, and functionality remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or Service without the Company’s prior written consent.
Your Feedback to Us
You assign all rights, titles, and interests in any Feedback You provide the Company. Suppose, for any reason, such an assignment is ineffective. In that case, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party websites or services not owned or controlled by the Company.
The Company has no control over and assumes no responsibility for the content of third-party websites or services, privacy policies, or practices. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services you visit.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the preceding shall be limited to the amount paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data, or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not exclude implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. Each party’s liability will be limited to the greatest extent permitted by law in these states.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” with all faults and defects without warranty. To the maximum extent permitted under applicable law, the Company, on its behalf and behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, concerning the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the preceding, the Company provides no warranty or undertaking. It makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free or that any errors or defects can or will be corrected.
Without limiting the preceding, neither the Company nor any of the Company’s providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and regulations outlined in this section shall be applied to the greatest extent enforceable under applicable law.
Note: If you want to see more disclaimers, just visit our Disclaimer page.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your application use may also be subject to local, state, national, or international laws.
Disputes Resolution
If You have any concerns or disputes about the Service, You agree to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the Country where you reside in the United States legal compliance.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or the United States government has designated that as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
Suppose any provision of these Terms is held to be unenforceable or invalid. In that case, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law. The remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require the performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time after that, nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
At Our sole discretion, we reserve the right to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice before any new terms. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
● By visiting this page on our website: [https://charmingvibes4u.com/]
● By sending us an email: [info@charmingvibes4u.com or to charmingvibes4u@gmail.com]