Welcome to DSVibe
By using the Services in any manner, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services.
1. DSVibe is a Venue
DSVibe acts as a venue to allow users who comply with DSVibe’s policies to offer, sell and buy certain goods. DSVibe is not directly involved in the transaction between buyers and sellers. As a result, DSVibe has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. DSVibe does not pre-screen users (except for services that require an application) or the content or information provided by users. DSVibe cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, DSVibe does not transfer legal ownership of items from the seller to the buyer. DSVibe cannot guarantee the true identity, age, and nationality of a user. DSVibe encourages you to communicate directly with potential transaction partners through the tools available on the App. If you can not contact the seller/buyer directly, you should contact DSVibe for support.
You agree that DSVibe is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on DSVibe. You use the DSVibe service at your own risk.
2. Membership Eligibility
DSVibe’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. DSVibe may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is hereby denied in such jurisdictions.
Individuals under the age of 18 must at all times use DSVibe’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
In addition, some services offered by DSVibe may be subject to additional terms and conditions promulgated by DSVibe from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify DSVibe of any unauthorized use of your password or any breach of security. You also agree that DSVibe cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than DSVibe without DSVibe’s express written permission.
You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on DSVibe you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
You may not transfer or sell your DSVibe account and User ID to another party. You are responsible for all activity of the account and User ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service
DSVibe’s services are not available to temporarily or indefinitely suspended DSVibe members. DSVibe reserves the right, in DSVibe’s sole discretion, to cancel unconfirmed or inactive accounts. DSVibe reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Billing
Joining DSVibe is free. DSVibe charges fees for items sold via the Services. When you list an item, you have an opportunity to review and accept the fees that you will be charged.
You are responsible for paying all fees and applicable taxes associated with using DSVibe.
If DSVibe terminates a listing or your account, if you close your account, or if the payment of your DSVibe fees cannot be completed for any reason, you remain obligated to pay DSVibe for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel).
4. Listing, Selling, and Buying
All listings on DSVibe must be for sale. By listing an item, you warrant that you and all aspects of the item comply with DSVibe’s policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your DSVibe shop and or product page. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.
Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding DSVibe transaction fees, misrepresent the item’s location, or use another user’s account without permission.
DSVibe, in its sole discretion, may inspect and verify (i) details related to the listing sold, (ii) the buyer of the listing and (iii) the seller of the listing. As a part of the verification process, DSVibe may require the seller or buyer to provide additional identification information, including, without limitation, a copy of a valid driver’s license (or other form of government issued identification) prior to or during the transaction. Users may also be asked to go through additional security procedures and share additional information to confirm their identity. DSVibe reserves the right to reject any item(s) that we believe (in our sole discretion) may: (i) be fraudulent, invalid, inauthentic or stolen, (ii) have come from an unauthorized or illegal source, (iii) be related to any illegal activity or (iv) otherwise pose a financial risk to us or our users.
You acknowledge that payment processing services are provided by Payment Processors, including PayPal Holdings, Inc. and Stripe, Inc. and are subject to the Stripe Connected Account Agreement, the Stripe Terms of Service, and the Legal Agreements for PayPal Services (collectively, the “Payment Services Agreement”). By using DSVibe, you agree to be bound by the terms in this section and the Payment Services Agreement, as the same may be modified by us or by the Payment Processors from time to time. Capitalized terms in this section otherwise undefined in this Agreement shall have the meaning ascribed to such terms as in the Payment Services Agreements. As a condition of selling, you agree to provide DSVibe accurate and complete information about you and your business, and you authorize DSVibe to share, in accordance with the Payment Services Agreement, such information and applicable transaction information related to your use of the payment processing services provided by the Payment Processors.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to DSVibe and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on DSVibe.
Your Content and your use of DSVibe shall not:
Be false, inaccurate or misleading.
Be fraudulent or involve the sale of illegal, counterfeit or stolen items.
Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
Violate this Agreement, any policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
Involve any countries, entities, individuals or items prohibited by sanctions, embargoes, regulations or orders administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or other government agencies.
Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall.
Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including DSVibe staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device.
Interfere with a seller’s business or shop.
Take any action that may undermine online reviews or feedback.
Be obscene or contain child pornography.
Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Host images not part of a listing.
Modify, adapt or hack DSVibe or modify another web site so as to falsely imply that it is associated with DSVibe
Appear to create liability for DSVibe or cause DSVibe to lose (in whole or in part) the services of DSVibe’s ISPs or other suppliers
Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on DSVibe.
As stated above, your Content and your use of DSVibe shall not infringe upon any third-party’s intellectual property rights. DSVibe respects the intellectual property of others and asks that users of our Services do the same. We have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
– your physical or electronic signature;
– identification of the copyrighted work(s) that you claim to have been infringed;
– identification of the material on our Services that you claim is infringing and that you request us to remove;
– sufficient information to permit us to locate such material;
– your address, telephone number, and e-mail address;
– a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
– a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly – been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The contact information for the Copyright Agent for DSVibe is as follows:
Attn.: DMCA Agent
By posting Content on DSVibe, it is possible for an outside web site or a third party to re-post that Content. You agree to hold DSVibe harmless for any dispute concerning this use. If you choose to display your own DSVibe-hosted image on another web site, the image must provide a link back to its listing page on DSVibe.
DSVibe considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Service, mobile applications, or otherwise (other than the Content and the tangible items sold via the Service by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and DSVibe shall not be liable for the disclosure or use of such Material. If, at DSVibe’s request, any member sends Material to improve the Service (for example through the Forums or to customer support), DSVibe will also consider that Material to be non-confidential and non-proprietary and DSVibe will not be liable for use or disclosure of the Material. Any communication by you to DSVibe is subject to this Agreement. You hereby grant and agree to grant DSVibe, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
7. Information Control
DSVibe does not control the Content provided by users that is made available on DSVibe. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using DSVibe, you agree to accept such risks and that DSVibe (and DSVibe’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on DSVibe. Please use caution, common sense, and practice safe buying and selling when using DSVibe.
8. Other Resources
DSVibe is not responsible for the availability of outside web sites or resources linked to or referenced on the Service. DSVibe does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such web sites or resources. You agree that DSVibe 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 resources.
9. Resolution of Disputes and Release
Disputes with DSVibe
In the event a dispute arises between you and DSVibe, please contact DSVibe. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Dover, Delaware, U.S.A., using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Northern District of California, U.S.A. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and DSVibe agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Disputes with Users or Third Parties
In the event a dispute arises between you and another user or a third party, DSVibe encourages you to contact the user or third party to resolve the dispute amicably.
If a buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on DSVibe, please contact DSVibe, and we can provides our dispute resolution process for the benefit of users. DSVibe does so in DSVibe’s sole discretion, and DSVibe has no obligation to resolve disputes between users or between users and outside parties. To the extent that DSVibe attempts to resolve a dispute, DSVibe will do so in good faith based solely on DSVibe’s policies. DSVibe will not make judgments regarding legal issues or claims.
You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
You release DSVibe (and DSVibe’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
10. DSVibe’s Intellectual Property
“DSVibe”, and other DSVibe graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of DSVibe, Inc. in the U.S. and/or other countries. DSVibe’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
11. Access and Interference
Much of the information on DSVibe is updated on a real-time basis and is proprietary or is licensed to DSVibe by DSVibe’s users or third-parties. You agree that you will not:
– Take any action that imposes, or may impose, in DSVibe’s sole discretion, an unreasonable or disproportionately large load on DSVibe’s infrastructure
– Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content)
– Distribute viruses or any other technologies that may harm DSVibe or the interests or property of users
– Interfere or attempt to interfere with the proper working of the Services
– Circumvent any technical measures we use to provide the Services
Without limiting any other remedies, DSVibe may, without notice, and without refunding any fees, delay or immediately remove Content, warn DSVibe’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Services, and take technical and legal steps to keep a user off the Services and refuse to provide services to a user if any of the following apply:
DSVibe suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement or other policy documents and community guidelines incorporated herein; DSVibe is unable to verify or authenticate any of your personal information or Content; or DSVibe believes that a user is acting inconsistently with the letter or spirit of DSVibe’s policies, has engaged in improper or fraudulent activity in connection with DSVibe or the actions may cause legal liability or financial loss to DSVibe’s users or to DSVibe.
DSVibe reserves the right to suspend and/or terminate a person’s account or any accounts held by that person by virtue of association, including all usernames under which that person operates on DSVibe.
13. No Warranty
DSVibe, DSVibe’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND DSVibe’S SUPPLIERS PROVIDE DSVibe’S SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. DSVibe, DSVibe’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND DSVibe’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM DSVibe SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
14. Liability Limit
IN NO EVENT SHALL DSVibe, AND (AS APPLICABLE) DSVibe’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR DSVibe’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, 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 SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
DSVibe’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF DSVibe’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO DSVibe IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD DSVibe AND (AS APPLICABLE) DSVibe’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
16. No Guarantee
DSVibe does not guarantee continuous, uninterrupted access to the Service, and operation of the Service may be interfered with by numerous factors outside DSVibe’s control.
17. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Services (excluding any taxes on DSVibe’s net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
19. No Agency
You and DSVibe are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
20. DSVibe Service
21. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Delaware, U.S.A., excluding its conflicts of laws rules.
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 9 (Resolution of Dispute and Release), 10 (DSVibe’s Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 13 (No Warranty), 14 (Liability Limit), 15 (Indemnity), 16 (No Guaranty), 18 (Severability), 19 (No Agency), 21 (Choice of Law) shall survive any termination or expiration of this Agreement.
23 GIFT CARD TERMS AND CONDITIONS
Gift Cards Supply
We are doing our best to provide the Gift card instantly, however, in some cases the delivery may take up to 24 hours. If a certain gift card brand is not available in the system, you will get a full refund.
All purchases on the website are final and the Gift Cards are non-returnable, however, if a Gift Card does not function as a result of DSVibe act or omission, we may, in our sole discretion, either refund the purchase amount or replace the defective Gift Card with an alternative Gift Card. If you have any questions or problems with your order, please contact us at contact@ dsvibe.com.
DSVibe strives to be the best at what we do, and accuracy of orders is of the highest priority; however, DSVibe does not represent or warrant that any Gift Card and information about the Gift Card (including the description, Vendor information or pricing information) provided is accurate, complete, reliable, current or error-free. In the event of an error in an order, in processing a Gift Card purchase or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price for such order) or to cancel the order and refund any amount charged.
Use of Gift Cards
Except for the DSVibe Gift Card, DSVibe is not the issuer of any Gift Cards. The Gift Cards that you purchase are issued and activated by participating third-party merchants, retailers and vendors (hereinafter: collectively “Issuers”). After purchasing a Gift Card, these Terms will no longer apply and you (or the recipient of the Gift Card) must activate the Gift Card by following the instructions provided by the Vendor. The Gift Card will only function upon such activation. Upon activation, the Gift Card will be governed by certain terms and conditions established by the Issuer. Depending on the applicable law of your state and whether the Gift Cards are promotional in nature, Issuers may set expiration dates for such Gift Cards, in addition to other restrictions and requirements that each individual Issuer will have at their sole discretion subject to applicable law. You (or the recipient of the Gift Card) should review and familiarize yourself with all applicable Issuer terms and conditions.
Issuers (and not DSVibe) are fully responsible for all aspects of their Gift Card programs. Issuers are also responsible for any and all liabilities, damages and costs suffered by you (or the recipient of the Gift Card) in connection with your purchase and the use of their Gift Card. While DSVibe attempts to work only with reputable Issuers, DSVibe has no liability for (i) the sale of products or services through the use of any Gift Card; and (ii) any issuer’s failure to honor a Gift Card.