Welcome to Nitevibe!
By using this application or any service offered by Gexin Enterprise, you confirm that you have read the following terms ("Terms & Conditions") and agree to be bound by them. Please read these Terms & Conditions carefully.
Gexin Enterprise has established a network for Nightlife loving people ("Nitevibe") through its application ("Nitevibe App”). Any person who registers by “login with Facebook” account and provides permission to access their Facebook information can become a member of Nitevibe ("Member"). Nitevibe provides its Members an environment to interact with each other. Please note that Gexin Enterprise does not guarantee a match. Gexin Enterprise takes utmost care to screen all applicants and ensure their eligibility and suitability to join Nitevibe but does not make any representations about or stand guarantee to the character of its Members.
Applying for Membership
You can become a Member of Nitevibe through an access to your Facebook information or via Phone or via Email.
You must be over 18 years of age, to be considered for membership to Nitevibe. Gexin Enterprise reserves the right to approve or reject your application for membership without assigning any reason.
By applying to be a Member, you consent to receive communication from Nitevibe in all forms including phone calls, emails, mailers, text messages and push notifications. This consent shall supersede any registration, or preferences set, by you with the Do Not Disturb Register (DND Register).
By accessing and using the Service, you represent and warrant that you have the right, authority and capacity to enter into these terms and conditions and to abide by all of the terms and conditions. Using the Service may be prohibited or restricted in certain countries, you are responsible for complying with the laws and regulations of the territory from which you access or use the Service.
Membership and Subscription
If your application for membership is accepted, Nitevibe will create a Member profile based on the Facebook information that you provided. Your profile will be accessible to other Members, based on your privacy settings, once you become a Member. There is no Subscription fee for the Basic version of Nitevibe. By becoming a Member, you consent to continue receiving communication from Nitevibe in any form including phone calls, emails, mailers, text messages and push notifications. This consent shall supersede any registration with or preferences set by you with the Do Not Disturb Register (DND Register) or the National Customer Preference Register (NCPR).
Gexin Enterprise reserves the right to modify its subscription plans at any time. Gexin Enterprise will notify you of any changes to its subscription plans.
Your membership begins on the day Gexin Enterprise receives your Membership Request. However, if the Subscription plan you choose, any promotional offer of Gexin Enterprise that you may be using, or the terms of your invitation to join Gexin Enterprise provide otherwise, your membership will begin on the day specified in such Subscription plan, promotional offer, or terms of your invitation. In case of future updates In the Nitevibe App, your membership will be activated only after Gexin Enterprise receives your payment of the Subscription Fee from the third party payment processor.
Interaction among Members
Gexin Enterprise does not bear any responsibility for Member-to-Member interactions— whether online, or at Member-initiated "Parties or Events", dates, or other events offline. Gexin Enterprise is not responsible to Members who intentionally, or otherwise, disclose their personal information in the free text areas of their profile or in any publically accessible forum.
When interacting with other Members, you agree that:
Termination of Membership
Nitevibe reserves the right to terminate your membership in the following situations:
Non-commercial Use by Users
The Service is for personal use only. Users may not use the Service or any content contained in the Service (including, but not limited to, content of other users, designs, text, graphics, images, video, information, logos, software, audio files and computer code) in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services not offered by Gexin Enterprise or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Users of the Service may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Service for any purpose except with Gexin Enterprise’s express consent (such as for promoted profiles or other advertisements), which Gexin Enterprise may provide or deny in its sole discretion. Gexin Enterprise may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Service.
You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify Gexin Enterprise of any disclosure or unauthorized use of your username or password or any other breach of security and ensure that you log out from your account at the end of each session
Gexin Enterprise owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, and other proprietary information of Gexin Enterprise. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of Gexin Enterprise or, if such property is not owned by Gexin Enterprise, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
Limitation of Liability
1. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER NITEVIBE USERS. YOU UNDERSTAND THAT GEXIN ENTERPRISE CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. GEXIN ENTERPRISE ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. GEXIN ENTERPRISE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER. GEXIN ENTERPRISE RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS, AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
2. IN NO EVENT SHALL GEXIN ENTERPRISE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EMEPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE GEXIN ENTERPRISE’S SERVICE OR PERSONS YOU MEET THROUGH NITEVIBE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.
4. GEXIN ENTERPRISE DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN THE SERVICE. UNDER NO CIRCUMSTANCES WILL GEXIN ENTERPRISE OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
5. In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted in the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Gexin Enterprise makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist
6. Gexin Enterprise reserves the right to modify Nitevibe. You are responsible for providing your own access to Nitevibe. Gexin Enterprise has no obligation to screen or monitor any content and does not guarantee that any content available on Nitevibe complies with this Agreement or is suitable for all users.
7. Gexin Enterprise provides Nitevibe on an “as is” and “as available” basis. You therefore use Nitevibe at your own risk. Gexin Enterprise expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Gexin Enterprise makes no representations or warranties:
Code of Conduct; Prohibited Activities
In using Nitevibe, you must behave in a civil and respectful manner at all times. Further, you will not:
Gexin Enterprise has the right, but not the obligation, to monitor all conduct on and content submitted to Nitevibe.
You are solely responsible for the content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members. You will not post on the service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or il 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). You will not provide inaccurate, misleading or false information to Gexin Enterprise or to any other user. If information provided to Gexin Enterprise, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. The following is a partial list of content you may not upload, post, or transmit (collectively, “submit”):
Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Gexin Enterprise and grant the licenses set forth above; (ii) Gexin Enterprise will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless Gexin Enterprise and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on Nitevibe; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Nitevibe violates any law or infringes any third party right, including any intellectual property or privacy right.
Third Party Copyrights and Other Rights Copyright Policy
Gexin Enterprise respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to Nitevibe do not infringe any third party copyright, trademark or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
The Service may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that Gexin Enterprise is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that Gexin Enterprise 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 upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
In App Purchases
Gexin Enterprise may offer additional products and services for purchase (“in app purchases”) through the App Store, Google Play or other application platforms. If you choose to make an in app purchase, you will be prompted to enter details for your account with the mobile platform you are using (e.g., Apple, Android, etc.), and your Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your Account.
From time to time, you may be able to purchase, with “real world” money, a limited, personal, non-transferable, nonsublicensable, revocable license to use “virtual items. You are only allowed to purchase Virtual Items from us or our authorized partners through the Service and not in any other way. Virtual Items represent a limited license right governed by these terms and conditions. Except as otherwise prohibited by applicable law, Virtual Items obtained by you are licensed to you, and you hereby acknowledge that no title or ownership in or to Virtual Items is being transferred or assigned hereunder. These terms and conditions should not be construed as a sale of any rights in Virtual Items. Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Gexin Enterprise, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. You may purchase Virtual Items only within the Service. Gexin Enterprise may manage, regulate, control, modify or eliminate Virtual Items at any time. Gexin Enterprise shall have no liability to you or any third party in the event that Gexin Enterprise exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service provided by Gexin Enterprise that commences immediately upon the acceptance of your purchase of such Virtual Items. You agree to pay all fees and applicable taxes incurred by you or anyone using your account. Gexin Enterprise may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT GEXIN ENTERPRISE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Onward transfer and consent to international processing
Gexin Enterprise may create additional policies to govern the use of Nitevibe, and any other services provided by Gexin Enterprise. Gexin Enterprise will circulate to each of its existing Members a copy of such policies. Continued use of Nitevibe or Gexin Enterprise’s services after circulation of such policies will be deemed to be an acceptance of such policies.
If a court of competent jurisdiction holds any provisions of these Terms & Conditions to be invalid or unenforceable, the remaining provisions will remain in full force and effect and be construed so as to be enforceable to the maximum extent permissible by law. The section headings contained in these Terms & Conditions are for reference purposes only and shall not in any way affect the meaning or interpretation of these Terms & Conditions.
If you have any queries regarding these Terms & Conditions, please contact Gexin Enterprise at firstname.lastname@example.org