Terms & Conditions

Welcome to Nitevibe!

By using this application or any service offered by Gexin Enterprise, you confirm that you have read the following terms ("Terms & Conditions") and agree to be bound by them. Please read these Terms & Conditions  carefully.

You should also read the Privacy Policy, which is incorporated by reference into these terms and conditions and available in the service. If you do not accept and agree to be bound by all of the terms and conditions including the Privacy Policy, do not use the Service. Please contact us with any questions regarding these terms and conditions.

Our Services

Gexin Enterprise has established a network for  Nightlife loving people  ("Nitevibe") through its application ("Nitevibe App”). Any person who registers by “login with Facebook”  account and provides  permission to access their Facebook information  can become a member of Nitevibe ("Member"). Nitevibe provides its Members an environment to interact with each other. Please note that Gexin Enterprise does not guarantee a match. Gexin Enterprise takes utmost care to screen all applicants and ensure their eligibility and suitability to join  Nitevibe but does not make any representations about or stand guarantee to the character of its Members.

Applying for Membership

You can become a Member of Nitevibe  through an access to your Facebook information or via Phone or via Email.

You must be over 18 years of age,  to be considered for membership to Nitevibe. Gexin Enterprise reserves the right to approve or reject your application for membership without assigning any reason.

By applying to be a Member, you consent to receive communication from Nitevibe in all forms including phone calls, emails, mailers, text messages and push notifications. This consent shall supersede any registration, or preferences set, by you with the Do Not Disturb Register (DND Register).

By accessing and using the Service, you represent and warrant that you have the right, authority and capacity to enter into these terms and conditions and to abide by all of the terms and conditions. Using the Service may be prohibited or restricted in certain countries, you are responsible for complying with the laws and regulations of the territory from which you access or use the Service.

Membership and Subscription

If your application for membership is accepted, Nitevibe will create a Member profile based on the Facebook information that you provided. Your profile will be accessible to other Members, based on your privacy settings, once you become a Member. There is no Subscription fee for the Basic version of Nitevibe. By becoming a Member, you consent to continue receiving communication from Nitevibe in any form including phone calls, emails, mailers, text messages and push notifications. This consent shall supersede any registration with or preferences set by you with the Do Not Disturb Register (DND Register) or the National Customer Preference Register (NCPR).

Gexin Enterprise reserves the right to modify its subscription plans at any time. Gexin Enterprise will notify you of any changes to its subscription plans.

Your membership begins on the day Gexin Enterprise receives your Membership Request. However, if the Subscription plan you choose, any promotional offer of Gexin Enterprise that you may be using, or the terms of your invitation to join Gexin Enterprise provide otherwise, your membership will begin on the day specified in such Subscription plan, promotional offer, or terms of your invitation. In case of future updates In the Nitevibe App, your membership will be activated only after Gexin Enterprise receives your payment of the Subscription Fee from the third party payment processor.

Interaction among Members

Gexin Enterprise does not bear any responsibility for Member-to-Member interactions— whether online, or at Member-initiated "Parties or Events", dates, or other events offline. Gexin Enterprise is not responsible to Members who intentionally, or otherwise, disclose their personal information in the free text areas of their profile or in any publically accessible forum.

When interacting with other Members, you agree that:

 Termination of Membership

Nitevibe reserves the right to terminate your membership in the following situations:

Non-commercial Use by Users

The Service is for personal use only. Users may not use the Service or any content contained in the Service (including, but not limited to, content of other users, designs, text, graphics, images, video, information, logos, software, audio files and computer code) in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services not offered by Gexin Enterprise or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Users of the Service may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Service for any purpose except with Gexin Enterprise’s express consent (such as for promoted profiles or other advertisements), which Gexin Enterprise may provide or deny in its sole discretion. Gexin Enterprise may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Service.

 Account Security.

You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify Gexin Enterprise of any disclosure or unauthorized use of your username or password or any other breach of security and ensure that you log out from your account at the end of each session

 Proprietary Rights

Gexin Enterprise owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, and other proprietary information of Gexin Enterprise. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of Gexin Enterprise or, if such property is not owned by Gexin Enterprise, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

 Limitation of Liability

1. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER NITEVIBE USERS. YOU UNDERSTAND THAT GEXIN ENTERPRISE CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. GEXIN ENTERPRISE ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. GEXIN ENTERPRISE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER. GEXIN ENTERPRISE RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS, AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

2. IN NO EVENT SHALL GEXIN ENTERPRISE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EMEPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE GEXIN ENTERPRISE’S SERVICE OR PERSONS YOU MEET THROUGH NITEVIBE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.

4. GEXIN ENTERPRISE DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN THE SERVICE. UNDER NO CIRCUMSTANCES WILL GEXIN ENTERPRISE OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.

5. In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted in the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Gexin Enterprise makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist

6. Gexin Enterprise reserves the right to modify Nitevibe. You are responsible for providing your own access to Nitevibe. Gexin Enterprise has no obligation to screen or monitor any content and does not guarantee that any content available on Nitevibe complies with this Agreement or is suitable for all users.

7. Gexin Enterprise provides Nitevibe on an “as is” and “as available” basis. You therefore use Nitevibe at your own risk. Gexin Enterprise expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Gexin Enterprise makes no representations or warranties:

    1. That Nitevibe will be permitted in your jurisdiction;
    2. That Nitevibe will be uninterrupted or error-free;
    3. Concerning any content submitted by any user;
    4. Concerning any third party’s use of content that you submit;
    5. That any content you submit will be made available on Nitevibe or will be stored by Gexin Enterprise;
    6. That Gexin Enterprise will continue to support any particular feature of Nitevibe;

 Code of Conduct; Prohibited Activities
In using Nitevibe, you must behave in a civil and respectful manner at all times. Further, you will not:

  1. Harass or stalk any other person;
  2. Harm or exploit minors;
  3. Act in a deceptive manner by, among other things, impersonating any person;
  4. Collect information about others;
  5. Solicit money from any users;
  6. Post any content that is prohibited by clause “content restriction”;
  7. Use the service in an illegal manner or to commit an illegal act;
  8. Access the Service in a jurisdiction in which it is illegal or unauthorized;
  9. Ask or use users to conceal the identity, source, or destination of any illegally gained money or products;
  10. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
  11. Collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service;
  12. Interfere with or disrupt the Service or the servers or networks connected to the Service;
  13. email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  14. “Frame” or “mirror” any part of the Service, without Gexin Enterprise's prior written authorization;
  15. Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so;
  16. You will not express or imply that any statements you make are endorsed by Gexin Enterprise without our specific prior written consent.
  17. You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
  18. You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Gexin Enterprise has the right, but not the obligation, to monitor all conduct on and content submitted to Nitevibe.

 Content Restrictions
You are solely responsible for the content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members. You will not post on the service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or il material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Gexin Enterprise or to any other user. If information provided to Gexin Enterprise, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. The following is a partial list of content you may not upload, post, or transmit (collectively, “submit”):

  1. is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  2. harasses or advocates harassment of another person;
  3. promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene or defamatory;
  4. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
  5. contains sexually explicit content;
  6. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  7. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
  8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
  9. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  10. engages in commercial activities and/or sales without our prior written consent;
  11. infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
  12. Your use of the Service, including but not limited to the content you post on the service, must be in accordance with any and all applicable laws and regulations.

 Your Representations and Warranties

For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Gexin Enterprise and grant the licenses set forth above; (ii) Gexin Enterprise will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

 Indemnification

You will indemnify, defend, and hold harmless Gexin Enterprise and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on Nitevibe; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Nitevibe violates any law or infringes any third party right, including any intellectual property or privacy right.

 Third Party Copyrights and Other Rights Copyright Policy

Gexin Enterprise respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to Nitevibe do not infringe any third party copyright, trademark or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

 Links

The Service may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that Gexin Enterprise is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that Gexin Enterprise shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.

 In App Purchases

Gexin Enterprise may offer additional products and services for purchase (“in app purchases”) through the App Store, Google Play or other application platforms. If you choose to make an in app purchase, you will be prompted to enter details for your account with the mobile platform you are using (e.g., Apple, Android, etc.), and your Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your Account. 
From time to time, you may be able to purchase, with “real world” money, a limited, personal, non-transferable, nonsublicensable, revocable license to use “virtual items. You are only allowed to purchase Virtual Items from us or our authorized partners through the Service and not in any other way. Virtual Items represent a limited license right governed by these terms and conditions. Except as otherwise prohibited by applicable law, Virtual Items obtained by you are licensed to you, and you hereby acknowledge that no title or ownership in or to Virtual Items is being transferred or assigned hereunder. These terms and conditions should not be construed as a sale of any rights in Virtual Items. Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Gexin Enterprise, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. You may purchase Virtual Items only within the Service. Gexin Enterprise may manage, regulate, control, modify or eliminate Virtual Items at any time. Gexin Enterprise shall have no liability to you or any third party in the event that Gexin Enterprise exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service provided by Gexin Enterprise that commences immediately upon the acceptance of your purchase of such Virtual Items. You agree to pay all fees and applicable taxes incurred by you or anyone using your account. Gexin Enterprise may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT GEXIN ENTERPRISE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

 Privacy Policy

Nitevibe policy relating to the collection, use, and protection of personal information of Members is provided in the Privacy Policy. By applying for membership you confirm that you have read this Privacy Policy and accept its terms.

 Onward transfer and consent to international processing

We are a growing corporation with users and operations in multiple countries, including the European Union. We have developed data practices designed to assure information is appropriately protected but we cannot always know where Personal Information may be stored or processed. We may employ other companies and individuals to perform functions on our behalf. If we disclose Personal Information to a third party or to our employees, we will seek assurances that any information we may provide to them is safeguarded adequately and in accordance with this Privacy Policy and the requirements of applicable privacy laws. Your information may be transferred to, or may be maintained on computers, computer systems and computer resources located outside of Your state or country where the privacy laws may be different (but no less stringent than the restrictions imposed by Indian law) as those where you live.If you are using our Services from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your personal data, including sensitive data, by Nitevibe from your region to countries which do not have data protection laws that provide the same level of protection that exists in countries in the European Economic Area, including the United States. By providing your Personal Information, you consent to any transfer and processing in accordance with this Policy.

 Amendments to Terms of Use

Gexin Enterprise reserves the right to amend these Terms of Use at any time. Gexin Enterprise will notify you of the amendments at the email address provided by you to Gexin Enterprise.
Gexin Enterprise may create additional policies to govern the use of Nitevibe, and any other services provided by Gexin Enterprise. Gexin Enterprise will circulate to each of its existing Members a copy of such policies. Continued use of Nitevibe or Gexin Enterprise’s services after circulation of such policies will be deemed to be an acceptance of such policies.

 Dispute Resolution

These Terms of Use shall be governed in all respects by the laws of India.
Gexin Enterprise’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision and does not waive the right to act with respect to subsequent or similar breaches.
If a court of competent jurisdiction holds any provisions of these Terms & Conditions  to be invalid or unenforceable, the remaining provisions will remain in full force and effect and be construed so as to be enforceable to the maximum extent permissible by law. The section headings contained in these Terms & Conditions  are for reference purposes only and shall not in any way affect the meaning or interpretation of these Terms & Conditions.

 Clarifications

If you have any queries regarding these Terms & Conditions, please contact Gexin Enterprise at support@nitevibe.in