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. You hereby assign to ReallyVibrant any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

Notice of Infringement – DMCA (Copyright) Policy.
If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded, or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:

• identification of the copyrighted work that is claimed to be infringed;
• identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Services;
• information for our copyright agent to contact you, such as an address, telephone number and e-mail address;
• a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
• a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
• the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.

Notices of copyright infringement claims should be sent to: info@ReallyVibrant.com. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.

A user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion.  To file a counter-notification with us, you must provide a written communication  that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA.  Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.

Third-Party Services and Materials.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By using the Services, you acknowledge and agree that ReallyVibrant is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.

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

Privacy Policy
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. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ITS PARENTS, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS (THE “ReallyVibrant ENTITIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The ReallyVibrant Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; and (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the deletion of, or the failure to store or transmit, Your Content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from the ReallyVibrant Entities or through the Services, will create any warranty or representation not expressly made herein.
• THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN SECTION 9.2 BELOW. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
• THE ReallyVibrant ENTITIES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT ANY CREATOR, RESPONDENT, OR THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES.
  YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH THE COMPANY ENTITIES WILL BE RESPONSIBLE FOR.

Limitations of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE ReallyVibrant ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE ReallyVibrant ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. THE ReallyVibrant ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR OFFERINGS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN, ANY SERVICES PROVIDED DURING A FREE TRIAL PERIOD OR AT NO CHARGE ARE PROVIDED “AS-IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR INDEMNITIES.

Indemnification.
By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold ReallyVibrant Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs, collectively, “Damages”) incurred by ReallyVibrant Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Services; (d) Your Content, or (e) your negligence or wilful misconduct. If you are obligated to indemnify any ReallyVibrant Entity hereunder, then you agree that ReallyVibrant (or, at its discretion, the applicable ReallyVibrant Entity) will have the right, in its sole discretion, to control any action or proceeding and to determine whether ReallyVibrant wishes to settle, and if so, on what terms, and you agree to fully cooperate with ReallyVibrant in the defense or settlement of such claim.

Governing Law, Jurisdiction, and Venue

These Terms are governed by the laws of Illinois without regard to its 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 in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms. No amendment shall apply to a dispute for which an arbitration has been initiated prior to the change in Terms.

Termination of License and Your Account.
If you breach any of the provisions of these Terms, all licenses granted by ReallyVibrant will terminate automatically. Additionally, ReallyVibrant may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If ReallyVibrant deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, ReallyVibrant may, but is not obligated to, delete any of Your Content. ReallyVibrant shall not be responsible for the failure to delete or deletion of Your Content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by ReallyVibrant or you. Termination will not limit any of ReallyVibrant’s other rights or remedies at law or in equity.

Data Retention and Deletion.
The Company will retain any personal information provided by you or connected to your Account or Your Content for as long as reasonably necessary as permitted by applicable law and in accordance with the Privacy Policy, unless you request removal, in which case, we will make reasonable efforts to remove your personal information as soon as practical after receiving your request, subject to these Terms and our legal obligations and rights.

Injunctive Relief.
You agree that a breach of these Terms will cause irreparable injury to ReallyVibrant for which monetary damages would not be an adequate remedy and ReallyVibrant shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

Export Laws.
You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by ReallyVibrant hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country; or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.

Miscellaneous.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by ReallyVibrant but may not be assigned by you without the prior express written consent of ReallyVibrant. These Terms are intended to be and are solely for the benefit of you and us, and do not create any right in favor of any third party. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.

 

How to Contact Us
If you have any questions about these Terms or the Services, please email us at info@reallyvibrant.com