Privacy Policy


WEBSITE: Good Vibrations VOD

Effective date: Aug 7, 2018

Good Vibrations consistently strives to provide new and innovative products and services as part of its commitment to better serve its customers. We recognize that privacy is an important issue, so we operate ourselves in a manner consistent with the protection of your privacy. We developed this Privacy Policy pursuant to applicable law regarding the collection and use of Personally Identifying Information ("PII") (defined below) in those jurisdictions where we do business. This Privacy Policy outlines the types of information collected, including PII through websites that Good Vibrations owns or operates and those sites operated on behalf of Good Vibrations that contain a link to this Privacy Policy (collectively the "Website"), how we use that information, how we share it as well as some of the steps we take to safeguard it. This Privacy Policy is also designed to inform you about how you may access, amend, or delete PII collected and how you may limit Good Vibrations' use of your PII. We urge you to read this Privacy Policy in its entirety and hope it will help you make an informed decision about sharing your PII with us. On occasion, the Website is connected by "hyperlinks" to other companies' websites; please note that Good Vibrations is not responsible in any way for the privacy practices of other websites and suggests that you review the privacy policies of those other companies' websites before using them.

Your use of the Website is subject to your compliance with the terms and conditions set forth in this Privacy Policy. PLEASE READ THE BELOW CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE WEBSITE. GOOD VIBRATIONS MAY MODIFY THE TERMS AND CONDITIONS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING ON THE WEBSITE. YOU AGREE TO REVIEW THE TERMS AND CONDITIONS PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE WEBSITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED TERMS AND CONDITIONS. This Privacy Policy is effective as of the above Effective Date. You should check the date of this Privacy Policy and review the Privacy Policy periodically for any changes since the last version. Your continued use of the services and Website following the posting of changes to this Privacy Policy terms will mean you accept these changes.

Opting Out

If, after you have registered and consented to this Privacy Policy, you no longer wish to receive communications from Good Vibrations, or you have any questions about this Privacy Policy, Good Vibrations' practices, feel that your privacy has been compromised or information we collected about you is incorrect please contact us at:

goodvibes.com; or
Good Vibrations
2504 San Pablo Ave
Berkeley, CA 94702
(800) BUY-VIBE

What types of PII does Good Vibrations collect?

Your privacy on the Internet is important to Good Vibrations. As part of the operation of the Website, certain pieces of information are gathered about the users registering to gain access to the site (individually, a "Registrant" and collectively, "Registrants").

Personally Identifying Information

"Personally Identifying Information" is information that individually identifies you, such as your name, company name, physical address, phone numbers, email address and any other information that would allow someone to identify or contact you. Good Vibrations asks for your PII so that it can understand your needs, determine if Good Vibrations products meet your needs, inform you about its products that it believes may be of interest to you, or comply with the law. Of course, you may choose not to provide Good Vibrations with PII; however, if you choose not to provide the requested information, you may not be able to use some or all of the features of the Website. Our server does not automatically record PII. Such information can become known to Good Vibrations via its Website only when you voluntarily submit it. Your knowledge and consent are required for the collection, use, or disclosure of your PII. However, Good Vibrations may also receive PII through various social media platforms, websites or services or from other sources.

Usage Data and Site Activity

On each visit to Good Vibrations' Website, Good Vibrations may collect certain limited non-personally identifying information your browser makes available whenever you visit the Website. This information includes your Internet Protocol address, browser type, browser language, as well as the date and time of your visit ("Usage Data"). We use this information to operate, develop, and improve the Website. This information does not include your PII. Our server does not automatically record PII. Such information can become known to Good Vibrations via the Website when you voluntarily submit it. We may disclose to third parties Usage Data regarding our Website. Your Usage Data may be aggregated with the Usage Data of others and not identify you individually or it may include associated data that does identify you.

How Does Good Vibrations Use Your PII?

Good Vibrations only collects the information that it needs in order to deliver products and information to you. Except as set forth in this Privacy Policy, Good Vibrations will not give, rent, loan, or otherwise make available your PII to third parties without your consent. By making a purchase, requesting additional information, or communicating directly with Good Vibrations or other organization after visiting the Website, a Registrant is choosing to provide Good Vibrations with PII in such Registrant's sole discretion.

Cookies

Good Vibrations and our affiliates and other partners use cookies and other identification technologies on our websites, mobile applications, email communications, advertisements, and other online services (collectively, the "Services") for a number of purposes, including: authenticating users, remembering user preferences and settings, delivering and measuring the effectiveness of advertising campaigns, analyzing site traffic and trends. A cookie is a unique text file that may be used for data analysis, and enables a web site to tailor information presented to you. We use cookies to generally understand the online behaviors and interests of people who interact with our products and services online.

You have the right to choose whether or not to accept cookies. However, they are an important part of how our digital services work, so you should be aware that if you choose to refuse or remove cookies, this could affect the availability and functionality of the Services.

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. To do so, please follow the instructions provided by your browser which are usually located within the "Help" or "Preferences" menu. Some third parties also provide the ability to refuse their cookies directly by clicking on an opt-out link, and we have indicated where this is possible in the table below.

Marketing

As part of its day-to-day business activities, Good Vibrations may share with third parties certain non-personally identifying log information your browser makes available whenever you visit the Website.

Security

Due to the existing legal, regulatory and security environment, Good Vibrations may disclose aggregate level and/or PII about its Registrants to protect the rights, property or safety of Good Vibrations, our customers, or the public.

Sale or Transfer of Business

We may sell or otherwise transfer such information to a successor of Good Vibrations, or any subsidiary or division of Good Vibrations in connection with an asset sale, acquisition, merger, consolidation, divestiture, stock sale, purchase of part or all of the assets of the business, or other corporate transaction, or by way of assignment (whether by operation of law or otherwise) in connection with any such or similar transaction or in connection with the administration of a bankruptcy estate. In the case of such event, the PII will become the property of the successor and will be subject to the successor's Privacy Policy should they have one.

Service Providers and Partners

So that we can focus on providing customers with a quality product, we may establish relationships with other businesses whom we believe, based on a reasonable inquiry, to be trustworthy and who have confirmed that their privacy practices are consistent with our requirements (collectively "Service Providers"). For example purposes only, Good Vibrations may contract with Service Providers to provide certain services such as hosting and maintenance, payment processing and certain marketing and promotions functions. We only provide the Service Providers with the information necessary for them to perform their services on our behalf.

User Content

Good Vibrations may post on the Website stories, comments, letters, photographs and/or videos provided to us by our customers. When you submit the materials and other information to us you represent that you are authorized to submit such materials or other information and you grant to Good Vibrations a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products) you submit to any public areas of the Website (such as bulletin boards, forums and newsgroups), e-mail to goodvibes.com or any other means and in any media now known or hereafter developed. You also grant to Good Vibrations the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Good Vibrations for any alleged or actual infringement or misappropriation of any proprietary right in your submitted materials and other information to the Website.

Contests, Sweepstakes and Promotions.

If you choose to enter a contest, sweepstakes or promotion (collectively "Promotion"), your PII may be disclosed to third parties in connection with such Promotion, including without limitation, for purposes of posting your entry with attribution or otherwise as permitted in the applicable official rules for the Promotion, fulfilling your prize or including your name on a winners list. Also by entering a contest, sweepstakes or promotion, we may require you to consent to the use of your personal information or other information, such as name, voice or likeness, in advertising, promotional and marketing materials. In addition, we may offer certain promotional content, such as sweepstakes, sponsored or co-branded with a third party, who may obtain the personal information that you submit.

How does Good Vibrations protect your PII?

Good Vibrations protects your PII by using safeguards that are appropriate to the sensitivity of the information. Each of our employees with access to your PII is informed about our Privacy Policy and procedures for protecting PII. Good Vibrations undertakes substantial efforts to protect the confidentiality of the identity, preferences and other information it has collected about individual Registrants and, except as otherwise set forth in this Privacy Policy, will not knowingly allow access to this information to anyone outside Good Vibrations.

You should also do your part in protecting your information. Your user name and password are confidential and we recommend that you not divulge them to anyone. Unfortunately, neither Good Vibrations' network nor data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect Registrant's information, Good Vibrations cannot ensure or warrant the security of member information. Thus, any information a Registrant transmits to us is done so at the Registrant's own risk. Once we receive Registrant information, we undertake substantial efforts to protect the confidentiality of this information consistent with this Privacy Policy.

Good Vibrations may store and process PII collected on the Website on its own servers or on the servers of its Service Providers (defined below). Paper copies containing all or part of the PII you supply to us may be made and kept in file cabinets as part of the course of normal business activity. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have implemented physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Although we take security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data, Good Vibrations does not guarantee that unauthorized third parties will never defeat measures taken to prevent improper use of PII. In the event of a security breach whereby your PII is acquired by an unauthorized person, Good Vibrations will take commercially reasonable steps to contain the breach and to notify you of the unauthorized acquisition.

Children's Privacy

Protecting the privacy of children is extremely important to us. The Website is intended for users who are 18 years old or older. We do not knowingly collect PII from children under the age of 18. If we become aware that we have inadvertently received PII from a child under the age of 18, we will delete such information from our records. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children never to provide PII without parental consent. If you have reason to believe that a child under the age of 18 has provided PII, please contact us, and we will take appropriate action.

Copyright and Licenses

The entire contents of the Website are protected by international copyright and trademark laws. The owner of the copyrights and trademarks is The Barnaby LTD or other third parties. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE WEBSITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree that you shall have no recourse against Good Vibrations for any alleged or actual infringement or misappropriation of any proprietary right in your communications to the Website.

Links to Other Materials

You understand that, except for information, products or services clearly identified as being supplied by Good Vibrations, Good Vibrations does not operate, control or endorse any information, products or services on the Internet in any way. Except for Good Vibrations identified information, products or services, all information, products and services offered through the Website or on the Internet generally are offered by third parties, that are not affiliated with Good Vibrations You also understand that Good Vibrations cannot and does not guarantee or warrant that files available for downloading through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data.

Good Vibrations makes no representations whatsoever about any other website which you may access through the Website or which may link to the Website. When you access a non-Good Vibrations website, please understand that it is independent from the Website, and that Good Vibrations has no control over the content on that website. In addition, a link to the Website does not mean that Good Vibrations endorses or accepts any responsibility for the content, or the use, of such website.

Assumption of Risk

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE INTERNET. GOOD VIBRATIONS PROVIDES THE WEBSITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND GOOD VIBRATIONS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. GOOD VIBRATIONS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. GOOD VIBRATIONS HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

Limitation of Liability

IN NO EVENT WILL GOOD VIBRATIONS BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE OR WEBSITE, OR DOWNLOADED FROM THE SERVICE OR WEBSITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE OR WEBSITE. EVEN IF GOOD VIBRATIONS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE, WEBSITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE OR WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, GOOD VIBRATIONS' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend and hold harmless Good Vibrations, its affiliates, officers, directors, employees, agents, licensors, vendors and any third party information providers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Website.

Third Party Rights

The Legal Notices are for the benefit of Good Vibrations and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Miscellaneous

This Privacy Policy and the terms and conditions contained herein shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Good Vibrations and you for any purpose concerning this Privacy Policy shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Good Vibrations' failure to insist upon or enforce strict performance of any provision of these terms and conditions in this Privacy Policy shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Privacy Policy. Good Vibrations may assign its rights and duties under this Privacy Policy to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.