Terms of Use
Acceptance of These Terms
By using Clarksville Vibe services and mobile applications (together, “Clarksville Vibe”), whether as a guest or a registered user, you accept and agree to be bound by these Terms. Please read these Terms carefully before you start to use Clarksville Vibe, as well as the Clarksville Vibe Privacy Policy. If you do not agree to these Terms or the Clarksville Vibe Privacy Policy you must not access or use the Clarksville Vibe.
Changes to the Terms
Clarksville Vibe publications are offered by Clarksville Vibe, LLC (“Clarksville Vibe”, “we” or “us”). We may revise and update these Terms from time to time at our sole discretion. Any changes are effective when we post them. Your continued use of a Clarksville Vibe site following the posting of revised Terms means that you accept and agree to the changes.
Changes to Clarksville Vibe
Clarksville Vibe services are offered by Clarksville Vibe, LLC (“Clarksville Vibe”, “we” or “us”). We may revise and update these Terms from time to time at our sole discretion. Any changes are effective when we post them. Your continued use of a Clarksville Vibe site following the posting of revised Terms means that you accept and agree to the changes.
Information About You and Your Access of Clarksville Vibe
All information we collect is subject to our Privacy Policy. By using Clarksville Vibe, you consent to all actions taken by us in compliance with the Privacy Policy.
Permitted and Unpermitted Use
You may use Clarksville Vibe in accordance with these Terms for either your personal and non-commercial use or for the internal use of your non-profit religious organization. All rights not expressly granted to you are reserved by Clarksville Vibe. You agree you are not permitted and will not use Clarksville Vibe as follows:
- in any way that violates any federal, state, local or international law or regulation;
- for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- to impersonate or attempt to impersonate any company or person, including Clarksville Vibe or;
- to engage in any other conduct which, as determined by us, may harm Clarksville Vibe or others;
- in any manner that could disable, overburden, damage, or impair Clarksville Vibe or interfere with any other person’s use of the same;
- use any robot, spider or other automatic device, process or means to access Clarksville Vibe for any purpose, including monitoring or copying any of the material on Clarksville Vibe;
- to introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- to attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of Clarksville Vibe or any server, computer or database connected to Clarksville Vibe;
- to attack Clarksville Vibe via a denial-of-service attack or a distributed denial-of-service attack; and
- otherwise attempt to interfere with the proper working of Clarksville Vibe.
You also agree that you will not send, knowingly receive, upload, download, use or re-use any material which:
- contains any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
- promotes sexually explicit or pornographic material, violence, or discrimination on any basis, including that based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringes any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
- violates the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under laws or regulations; or
- promotes any illegal activity, or advocates, promotes or assists any unlawful act;
- involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; and/or
- gives the impression that the material emanates from or is endorsed by Clarksville Vibe or any other person or entity, if this is not the case.
Monitoring and Enforcement; Legal Compliance; Termination
All information we collect is subject to our Privacy Policy. By using Clarksville Vibe, you consent to all actions taken by us in compliance with the Privacy Policy.
You agree that we have the right to:
- take any action with respect to any user or account that we deem necessary or appropriate in our sole discretion if we believe there to be a violation of these Terms, infringement of third party rights, a threat to the personal safety of others, or a threat or liability or harm to the goodwill associated with Clarksville Vibe or Clarksville Vibe;
- take appropriate action, including without limitation, referral to law enforcement and disclosure of your information, for any illegal or unauthorized use of Clarksville Vibe; and/or
- terminate or suspend your access to all or part of Clarksville Vibe for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through Clarksville Vibe. YOU WAIVE AND HOLD HARMLESS Clarksville Vibe AND ITS LICENSEES AND SERVICE PROVIDERS AND ALL OF THEIR EMPLOYEES, OFFICERS AND DIRECTORS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF LEGAL INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Clarksville Vibe OR LAW ENFORCEMENT AUTHORITIES.
Intellectual Property Rights
Clarksville Vibe sites and their contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement of the same), are owned by Clarksville Vibe, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Logos and Designs
The Clarksville Vibe name and logo and all related names, logos, product and service names, designs and slogans are trademarks and/or copyright of Clarksville Vibe. All other names, logos, product and service names, designs and slogans on Clarksville Vibe sites are the trademarks of their respective owners.
Copyright Infringement
If you believe that any content provided on any Clarksville Vibe site violates your copyright or other rights, please contact our designated agent by email clarksvillevibe@gmail.com. Please be aware that it is the policy of Clarksville Vibe to terminate the user accounts of repeat infringers.
Third Party Links and Services
Clarksville Vibe may include content provided by third parties. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to Clarksville Vibe, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Clarksville Vibe, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Clarksville Vibe. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Geographic Restrictions
Clarksville Vibe is based in the state of Tennessee in the United States. We make no claims that Clarksville Vibe sites or any of its content are accessible or appropriate outside of the United States. Access to Clarksville Vibe sites may not be legal by certain persons or in certain countries. If you access Clarksville Vibe sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
Clarksville Vibe NOR ANY PERSON ASSOCIATED WITH Clarksville Vibe MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF Clarksville Vibe. WITHOUT LIMITING THE FOREGOING, NEITHER Clarksville Vibe NOR ANYONE ASSOCIATED WITH Clarksville Vibe REPRESENTS OR WARRANTS THAT Clarksville Vibe OR ANY FUNCTIONALITY, CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH Clarksville Vibe SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT Clarksville Vibe SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE Clarksville Vibe SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Clarksville Vibe SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Clarksville Vibe HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL Clarksville Vibe, ITS LICENSORS, SERVICE PROVIDERS, OR ANY OF THIER EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, ANY Clarksville Vibe SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OFFERED ON OR THROUGH THE Clarksville Vibe SITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Clarksville Vibe SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless Clarksville Vibe, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of Clarksville Vibe sites, including, but not limited to, any use of Clarksville Vibe content, services and products other than as expressly authorized in these Terms or your use of any information obtained from Clarksville Vibe sites.
Governing Law and Jurisdiction
All matters, disputes, or claims relating to Clarksville Vibe and these Terms (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee in each case located in the City of Clarksville, Montgomery County. By agreeing to these Terms and using Clarksville Vibe sites, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
Clarksville Vibe may only waive its rights under these Terms in writing. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
Entire Agreement
These Terms and our Privacy Policy constitute the sole and entire agreement between you and Clarksville Vibe LLC, with respect to Clarksville Vibe sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Clarksville Vibe sites.
Your Comments and Concerns
Clarksville Vibe sites are operated by Clarksville Vibe , LLC, a Tennessee limited liability company. All feedback, comments, requests for technical support and other communications relating to Clarksville Vibe sites should be directed to clarksvillevibe@gmail.com.