TERMS OF USE
Last Revised on Feb 15, 2025
Welcome to the Terms of Use (these “Terms”) for the website, www.reallyvibrant.com (the “Website”), operated on behalf of ReallyVibrant, which is operated under ReallyBrief Ventures LLC (“ReallyVibrant,” “we,” or “us”). The Website and any content, tools, features, and functionality offered on or through our Website are collectively referred to as the “Services.”
These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services (even if you only browse through the Website), you are agreeing to these Terms. If you do not agree to these Terms, you may not access or use the Services.
For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms; and (b) you agree to these Terms on the entity’s behalf.
Who May Use the Services
Our Services are intended for purchase and use for business and professional purposes. You must be thirteen (13) years of age or older to use the Services. Minors under the age of majority in their jurisdiction but that are at least thirteen (13) years of age are only permitted to use the Services if the minor’s parent or guardian accepts these Terms on the minor’s behalf prior to use of the Services. Children under the age of thirteen (13) are not permitted to use the Services. By using the Services, you represent and warrant that you meet these requirements.
The Services
Description.
Our Services focus on professional design, including web design, branding, AI-driven features, and related marketing or creative solutions, offered at www.reallyvibrant.com. We do not guarantee any specific outcome or result from using our Services, and your ultimate success may vary depending on your own circumstances.
Changes and Pricing
We may, at any time, revise or change the pricing, availability, specifications, content, descriptions, or features of the Services. While we attempt to be as accurate as we can in our descriptions for the Services, we do not warrant that any descriptions of the Services are accurate, complete, reliable, current, or error-free. We reserve the right to change pricing of the Services displayed on the Services at any time, and to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective immediately upon posting of such new prices to the Services and/or upon making the customer aware of the pricing error.
Termination and Suspension
We reserve the right to terminate or suspend your access to our Services at any time and for any reason upon notice to you. If we terminate or suspend your access without cause, we will refund a prorated portion of any prepaid fees, if applicable. We will not refund or reimburse you if we terminate your access for cause, including (without limitation) for a violation of these Terms.
Effect of Termination
If you do not use or access the Services for twelve consecutive months, we reserve the right to treat your usage as “inactive” and delete any data associated with you and/or your usage of the Services. Except where an exclusive remedy may be specified in this Agreement, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under these Terms. All sections of these Terms which by their nature should survive termination will survive, including without limitation, accrued rights to payment, use restrictions and indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability.
Your Use of the Services and Your Content
Right to Use Services
Subject to the terms and conditions herein, we permit you to use the Services. If any software, content, or other materials owned or controlled by us are distributed to you as part of your use of the Services, we grant you a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content, and materials solely for the purpose of enabling you to use the Services as permitted by these Terms. Your access and use of the Services may be interrupted from time to time for reasons including the malfunction of equipment, periodic updating, maintenance or repair, or other actions we may elect to take in our sole discretion.
Restrictions on Your Use of the Services
You may not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission:
- Modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services, except for temporary files automatically cached by your web browser for display or as otherwise expressly permitted.
- Decompile, reverse engineer, disassemble, or decode the Services (including any underlying idea or algorithm).
- Use automation software, hacks, or other unauthorized methods to access or use the Services.
- Access or use the Services in a manner that could disable, overburden, damage, disrupt, or impair them or interfere with any other party’s access or use.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt the Services or computer systems or networks connected to the Services.
- Access or use the Services for a competitive purpose, including monitoring or benchmarking.
- Circumvent, remove, alter, deactivate, or degrade any technological measure or content protection of the Services.
- Use any robot, spider, crawler, scraper, or other automatic means to intercept or copy data from the Services.
- Introduce malicious code (viruses, trojan horses, worms, logic bombs) into our systems.
- Submit or post content that is unlawful, defamatory, obscene, harassing, threatening, hateful, or otherwise objectionable.
- Impersonate or misrepresent your affiliation with any person or entity.
- Violate any applicable law or regulation in connection with your use of the Services.
- Send unsolicited mass communications or spam.
- Access or use the Services in any manner not expressly permitted by these Terms.
Specific Features
Certain features, including AI-driven functionalities, may incorporate third-party technology. We disclaim liability for third-party content or services, and do not guarantee ownership of any intellectual property within them. By using the Services, you agree to comply with any third-party terms or policies that accompany such features.
Your Content License Grant
By using the Services and uploading or submitting any content (“Your Content”), you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify Your Content for the purpose of providing and improving the Services, subject to our privacy policy. You represent and warrant you have all necessary rights to upload or submit Your Content, and we reserve the right to remove or edit Your Content at any time for any lawful reason.
Ownership and Content
Ownership of the Services. The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that ReallyVibrant and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content, including, without limitation, the exclusive right to create derivative works.
Ownership of Trademarks.
The Company’s name, ReallyVibrant’s logo, and all related names, logos, product and service names, designs and slogans are trademarks of ReallyVibrant or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Ownership of Feedback.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of ReallyVibrant, and ReallyVibrant may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim.
Notice of Infringement – DMCA (Copyright) Policy.
If you believe that any materials or works on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to info@reallyvibrant.com with the legally required information under 17 USC 512(c).
Third-Party Services and Materials
The Services may contain content or links to external sites. We do not endorse or assume liability for any third-party services, content, or materials. Use them at your own risk.
Data Privacy
Our Privacy Policy explains how we handle any information you provide. You consent to our using and sharing your data in accordance with that policy.
Disclaimers, Limitations of Liability, and Indemnification
Disclaimers.
Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ReallyVibrant ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Limitations of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL THE ReallyVibrant ENTITIES BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, USE, OR BUSINESS INTERRUPTION. TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT PAID BY YOU IN THE PRIOR SIX (6) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
Indemnification.
By using the Services, you agree to defend, indemnify and hold ReallyVibrant Entities harmless from and against claims, liabilities, damages, losses, and expenses (including attorneys’ fees) arising out of your violation of these Terms, your misuse of the Services, Your Content, or your violation of law or third-party rights.
Governing Law, Jurisdiction, and Venue
These Terms are governed by the laws of Illinois without regard to conflict of law principles. All disputes shall be submitted to the exclusive jurisdiction of the state or federal courts in Chicago, Illinois, and you waive any jurisdictional objections.
Additional Provisions
Updating These Terms.
We may modify these Terms from time to time and will update the “Last Revised” date. Continued use of the Services after changes become effective means you accept the modified Terms.
Termination of License and Your Account.
If you breach these Terms, licenses granted by ReallyVibrant terminate automatically. ReallyVibrant may suspend, disable, or delete your account and/or Services access, with or without notice.
Data Retention and Deletion.
We retain personal information as reasonably necessary and as permitted by law and our Privacy Policy, unless removal is requested and legally permissible.
Injunctive Relief.
You agree that breach of these Terms may cause irreparable harm and that ReallyVibrant is entitled to equitable relief.
Export Laws.
You agree not to export or re-export Services or related information in violation of applicable U.S. export laws.
Miscellaneous.
If any provision is unlawful or unenforceable, the remaining provisions remain in effect. These Terms may be assigned by ReallyVibrant but not by you without written consent. These Terms are governed and interpreted as described above.
How to Contact Us
If you have any questions about these Terms or the Services, please email us at info@reallyvibrant.com
