Terms of Use

Vibe Media Limited (trading as Madfit) (NZCN 9429046184467) (referred to as “Vibe Media”, “we”, “our”, “us”) operates a website at http://madfit.co (Website). You should carefully read the following terms of use (Terms) as they govern your use of the Website. These Terms are subject to change by Vibe Media at any time by publishing the amended Terms to the Website. By using the Website, you accept the Terms in effect at the time of such use and agree to be legally bound by the Terms.

License Grant

Vibe Media hereby grants to you a personal, revocable, limited, non-exclusive, and non-transferable license to use the Website solely for your personal use, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Website in any manner not expressly permitted herein.

Availability of Products and Product Specifications

The products and services displayed on this Website may not be available for purchase in your particular locality. As product specifications may change without notice, you should always contact an authorised Vibe Media person for the most up to date information, availability and price of specific products and services in your area.

Proprietary Rights 

These Terms provide only a limited license to access and use the Website. Accordingly, you expressly acknowledge and agree that Vibe Media transfers no ownership or intellectual property interest or title in and to the Website to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Website, unless otherwise indicated, are owned, controlled, and licensed by Vibe Media and its parent and affiliates. Vibe Media logos and all other names, logos, and icons identifying Vibe Media and its products and services are proprietary trademarks of Vibe Media and its parent and affiliates and any use of such marks, including, without limitation, as domain names, account identifiers, or as search terms, without express written permission is strictly prohibited. Other product and company names or logos mentioned or displayed on or through the Website may be the trademarks and/or service marks of their respective owners.

Content Submitted by You

From time to time, we may make available on this Website, bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communication facilities. In such instances, we welcome your comments on our Website. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to Vibe Media (User-Posted Content) must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory, unlawful, or otherwise objectionable material all as determined by us. Furthermore, User-Posted Content must not infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of any person or entity. Upon your submission of any and all User-Posted Content, you grant Vibe Media a non-exclusive, royalty-free, perpetual, irrevocable right and license to use reproduce, copy, modify, alter, publicly display, publicly perform, post, transmit, broadcast, distribute or otherwise use the User-Posted Content, such that Vibe Media shall be and is entitled to use such User-Posted Content for any type of use, including promotional purposes and advertising, in perpetuity, in any and all media whether now known or hereafter devised, without any compensation to you. Your expressly waive any and all rights, grounds and actions concerning the inspection and approval of the finished product that may be produced and used in connection with your User-Posted Content. By submitting any User-Posted Content to us, you represent and warrant that you hold all necessary right, title, and license to such User-Posted Content and that your submission of such materials to the Website does not and will not violate or infringe the rights of any third-parties, including but not limited to intellectual property or privacy rights.

Restrictions

As the user, you agree not to modify, distribute, disclose, or create works wholly or partially based on the Website. You cannot (nor allow third parties to) sub-license, rent, sell, distribute, circulate, provide, transform, de-codify, break down, disassemble, reverse engineer, create derivative works of, modify or translate the Website, or in any case reproduce, copy, use or provide the Website, or parts of it, in any other manner except for that expressly permitted herein or permitted by mandatory law. You acknowledge and accept that the acquisition of any content or data through use of the Website is solely your responsibility and that you are solely responsible for any damage to the system or loss of data caused by using the service, even indirectly.

Privacy Policy

Please review Vibe Media’s Privacy Policy found at http://store.madfit.co/pages/privacy-policy for a summary of Vibe Media’s personally identifiable information collection and use practices.

Availability and Continuity of Service

You acknowledge and accept that Vibe Media reserves the right, at its own and complete discretion, to temporarily or permanently suspend or eliminate the Website, and/or disable any access to the Website.

Links to Other Sites

We have not reviewed all of the sites linked to this Website and we are not responsible for the contents of any such linked site, The inclusion of any link does not imply an endorsement with respect to any third party or any website or the products or services provided by any third party. Your access of third-party sites and use of their products and services is entirely at your own risk.

Indemnity and Limitation of Liability

By using the Website, you agree to defend, indemnify and hold harmless Vibe Media and its parent and affiliates, and their directors, employees and agents, against any loss, damage, liability, cost, expense (including legal fees) asserted by any third party and arising from your use of and access to the Website and any User-Posted Content, your breach of any of these Terms; and your infringement of any third party rights, including without limitation any property, privacy or intellectual property rights. This indemnity shall survive the duration of your use of the Website.

While Vibe Media has used its best endeavours to ensure that the information contained on and accessed through the Website is correct and current at the time of publication, Vibe Media does not accept responsibility for any error, omission, or defect in the information.

To the fullest extent permissible by law:

• Vibe Media does not make any representation, warranty, or endorsement of any kind, express or implied, as to the operation of the site or the information, content, materials, or products on this site;
• Vibe Media expressly disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose;
• Vibe Media does not warrant that the functions on the web site will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components; and 
• Vibe Media does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked web sites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
• Under no circumstances (including but not limited to any act or omission on the part of Vibe Media) will Vibe Media accept liability for any indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access, the Website.

Vibe Media's liability for breach of any implied warranty or condition that cannot be excluded is limited at the option of Vibe Media to the following:

• In the case of services, the supply of the services again or the payment of the cost of having the services supplied again; and
• In the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.

Enforcement

You acknowledge that any breach, threatened or actual, of these Terms will cause irreparable injury to Vibe Media, such injury would not be quantifiable in monetary damages, and Vibe Media would not have an adequate remedy at law. You therefore agree that Vibe Media shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms.

Term and Termination

These Terms will terminate immediately and automatically, upon our notice, if you fail to comply with any sections. You may also terminate these Terms at any time by ceasing all use of the Website. Your obligations contained herein will survive the termination of these Terms for any reason.

Waiver and Severability

Failure to insist on strict performance of any of the terms and conditions of these Terms will not operate as a waiver of any subsequent or other default or failure of performance. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms shall continue in effect.

Applicable Law

These Terms and all rights and obligations of the parties shall be governed by and construed in accordance with the laws of New Zealand without regard to its conflict of laws provisions, and without prejudice to your rights under other applicable law, which cannot be otherwise excluded.

Independent Party

You are an independent party. No joint venture, partnership, employment, or agency relationship exists between you and Vibe Media as a result of these Terms or your utilisation of the Website.

Entire Agreement

These Terms, any other agreement or terms or conditions for services, information, or licenses available through the Website, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and Vibe Media with respect to use of the Website, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Vibe Media with respect to the Website (Agreement).

No Assignments

You may not assign or transfer any rights under this Agreement without the prior written consent of Vibe Media.

Headings

The headings contained within these Terms are for convenience only.