terms of service

The following terms of service (“Terms”) apply to the service offerings of VibN from CenceMe.org (“the Service”), including the Web pages available at http://www.vibn.cenceme.org (“the Site”), the VibN software available at Apple® App Store* for use on the iPhone™, iPod Touch, and at Android Market for use on Android phones (“the Software”), and any other CenceMe.org widgets, plugins, add-ons, etc. These Terms conform with, and include by reference the CenceMe.org privacy statement (“Privacy Statement”) posted on the Site. In the case of any discrepancy between these Terms and the Privacy Statement, these Terms shall take precedence.

- Description of the Site

The Site provides information including a description of VibN services. Announcements to the public, including the Users, along with the most recent Terms and Privacy Statement are also provided via the Site.

- Description of the Software

The VibN Software is available for download from Apple App Store and Android Market. Once installed on a compatible iPhone™, iPod Touch, or Android device, the Software retrieves from the iPhone™, iPod Touch, or Android device the unique identifier associated with each iPhone™, iPod Touch, or Android device and delivers it to the VibN servers. The iPhone™, iPod Touch, or Android device identifier is used to uniquely identify each iPhone™, iPod Touch, or Android device onto which the Software has been installed. The Software collects a User location and randomly records five seconds audio snippets, called Vibe it! snippets, with the aim to provide context about the environment around the person and what the person is doing. In order to protect a User's privacy, the Software filters out human voice if detected. The User can also actively record a Vibe it! audio snippet. The random and the actively recorded Vibe it! audio snippets ("User Content") are associated the geo-coordinates of the place where they have been recorded, a time stamp, and anonymously uploaded to the VibN servers. The Vibe it! audio snippets are anonymously presented to VibN Users in an aggregated manner in the form of Live Points of Interest. VibN Users are presented with Live Points of Interest on a map. These Live Points of Interest associated to a geographical location are a list of anonymous Vibe it! audio snippets and time stamps associated with the time of the recording. The Software never discloses Users' identity or personal information in a Live Points of Interest list.

Users have the ability to stop the Software from gathering and uploading their User Content to the VibN servers using the privacy settings of the Software on their iPhone™, iPod Touch, or Android phone device. Additional information may be collected by Apple, Inc.® or Google as part of the Software download process from Apple App Store and Android market. Such information, if any, is out of the control of CenceMe.org and is not covered by this Privacy Statement.

User Content is transmitted(received) by the iPhone™, iPod Touch, or Android device to(from) the VibN servers using the iPhone™, iPod Touch, or Android device data channel and not SMS.

Upon Software installation Users are asked to voluntary participate in a statistical study within the MetroSense project at Dartmouth College. If the User decides to participate in the study his or her User Content and usage pattern of the Software (time of the day the Software is used, what feature is mostly used, etc.) could be anonymously used for statistical purposes and a User will not be identifiable through his or her User Content or Software usage pattern included in the study. If the User decides not to participate in the study he or she can still use the Software and his or her User Content will be excluded from the study. A copy of the most recent User Content uploaded from a User's iPhone™, iPod Touch, or Android device is present on servers operated by CenceMe.org.

- Conditions of Service Use

  1. You must be 13 years of age or older.
  2. The Service is only for your personal use; you may not use it for any commercial purposes.
  3. The Service is for entertainment only, and must not be relied upon for any other purpose.
  4. You must not use the Service to “stalk”, harass, abuse, defame, threaten or defraud other Users.
  5. You agree to indemnify, defend and hold VibN from CenceMe.org harmless from and against any and all claims, damages, losses and expenses (including but not limited to reasonable legal fees) relating to any acts by you, including but not limited to any User Content submitted by you, in connection with using the Service, resulting in claims against us any User or third party.
  6. You must not harass, interfere with, intimidate or impersonate other Users or the developers of the Software, including, but not limited to, posting “junk mail”, unwanted solicitations, chain letters, or any other material not directly related to the support of the Service.
  7. You agree not to engage in any conduct or issue any statement which implies any non-existing association between CenceMe.org or any aspect of the Service and yourself or other entity.
  8. You must not attempt to hack any CenceMe.org servers, systems or networks, regardless of intent or purpose. This includes, but is not limited to, the introduction of viruses, spyware, worms, or other malicious code.
  9. You must not attempt to decompile, disassemble, or reverse engineer the Software, except as expressly permitted by law.
  10. We reserve the right to modify or terminate the Service, and to refuse the Service to anyone, for any reason, with or without notice, at any time.
  11. You can use the Service free of charge. You will, however, have to pay for any and all network data charges that may be incurred when you download the Software or any upgrades thereto, or use any other aspect of the Service.
  12. We may, but have no obligation to, filter uploaded User Content that we deem unlawful, offensive, threatening, obscene or otherwise objectionable or in violation any party's intellectual property rights or these Terms at our sole discretion. However, you agree that CenceMe.org is not responsible for posted User Content, but rather that the sole responsibility resides with the poster.

- Copyright

  1. The Site and the Software are protected by copyright, trademark, trade secrets and other intellectual property rights of CenceMe.org. You agree to use the Site and the Software only pursuant to these Terms, and not to reproduce, modify, translate, distribute, or create works based on the Site or the Software, in whole or in part, in any form unless otherwise expressly provided in these Terms. You also agree not to decompile, disassemble, or reverse engineer the Software, except as expressly permitted by law.
  2. We claim no ownership of any intellectual property rights over the User Content that you upload to the Service. Any intellectual property rights in the uploaded User Content belong solely to you (or your licensors). However, by uploading the User Content to the Service, you grant CenceMe.org a non-exclusive, royalty-free, worldwide, perpetual and irrevocable right to use, reproduce, modify, distribute, and prepare derivative works of, such User Content, in any format or medium now known or later developed, through current and any future CenceMe.org service offerings, subject to these Terms and the Privacy Statement. You represent and warrant that you have sufficient rights to grant this license for any User Content you upload.
  3. We will review all claims of copyright infringement received and remove the User Content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
    1. A description of the copyrighted work that you claim has been infringed;
    2. Information sufficient to enable CenceMe.org to locate the allegedly infringing User Content on the Service;
    3. Your address, telephone number and email address;
    4. A statement by you that you have a good faith belief that the use of the User Content is not authorized;
    5. A statement by you that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
    6. A signature of the person authorized to act on behalf of the owner of the copyright interest.
  4. Claims can be sent to:

    CenceMe.org Dartmouth Computer Science

    Sudikoff Labs HB6211

    Hanover, NH 03755, USA

    Phone: 1-603-646-8738

    Email: cenceme-info@cenceme.org.

- Limitation of Liability

  1. The Service is available to you “as is” and “as available”. CenceMe.org specifically disclaims any warranties, including, but not limited to, warranties of merchantability, full functionality, quality and reliability, safety of use, and fitness for a particular purpose.
  2. In no event shall CenceMe.org be liable to any party for direct, indirect, special, incidental, or consequential damages arising out of the use of the Service and its documentation, even if CenceMe.org has been advised of the possibility of such damage.
  3. If you are dissatisfied with any aspect of the Service, or have any other disputes or claims with or against CenceMe.org with respect to the Service, these Terms, or Privacy Statement, then your remedy is limited to discontinuing use of the Service.

- Relationship with Apple, Inc.® and App Store, Google Inc., and Android Market

While the CenceMe Software is made available through the Apple App Store and Google Android Market, these Terms govern the relationship solely between Users and CenceMe.org, and in no way impart any responsibility on Apple or Google whatsoever for the content, warranty, maintenance or support of the Software, or for the investigation, defense, settlement and discharge of any intellectual property infringement claim. However, we give the right to Apple, Inc. and Google, Inc. to enforce these Terms on behalf of CenceMe.org against Users as a third party beneficiary. Further, the distribution of the Software from the Apple App Store and Google Android Market is subject to the App Store and Android Market Terms of Service. These include:

  1. Scope of License: The license granted to the User for the Software is limited to a non-transferable license to use the Software on any iPhone™, iPod Touch, or Android devices that the User owns or controls and as permitted by the Usage Rules set forth in the App Store and Android Market Terms of Service.
  2. Legal Compliance: You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

- Modification of these Terms of Service

You understand that we may develop and release new features and functionality to the Service. We also reserve the right to modify these Terms at any time. You agree that such alteration shall be effective upon posting on the Site and you will be bound to any alterations when you use the Service after such alteration is posted. You should therefore review these Terms regularly on the Site to ensure you understand your current obligations and protections. If you do not agree with the modified Terms, your remedy is limited to discontinuing the use of the Service.

* App Store is a service offering of Apple, Inc.® and is not bound by these Terms.



Based on template from: Zeroweb.org.