Last Updated June 10, 2022

Welcome to Ibiza LifeTM

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE YOU TO ARBITRATE ALL DISPUTES YOU HAVE WITH NARAY COMMUNICATIONS, INC. D/B/A IBIZA LIFE ON AN INDIVIDUAL BASIS. YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND SENDPOINT FITNESS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION.

  1. Acceptance of Terms
    1. Naray Communications, Inc. d/b/a Ibiza LifeTM(referred to as “Company” “us,” or “we”) provides the Ibiza LifeTM Website and the Ibiza LifeTM Mobile App (collectively, the “Platform”), both which provide high-quality music and entertainment content to the public (collectively, the “Offerings”), subject to your compliance with the following Terms of Use (“Terms”), as well as any other written agreement(s) between us and you.
    2. We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review our Platform policies and these Terms for modifications. Your continued use of our Platform and Offerings after any such modifications will constitute acknowledgment and acceptance of the modified Terms and policies.
    3. As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Platform and/or contents and Offerings available on our Platform.
    4. BY USING OUR PLATFORM AND OFFERINGS ON THIS PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, DO NOT USE OUR PLATFORM OR OFFERINGS ON THIS PLATFORM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR PLATFORM OR OFFERINGS AVAILABLE ON THIS PLATFORM, OR THESE TERMS IS TO CEASE USING THE PLATFORM AND/OR OFFERINGS. THESE TERMS ARE EFFECTIVE ONCE YOU CLICK THE ‘I AGREE’ BUTTON BELOW.
  2. Offerings
    1. The Company provides a number of Offerings for users on its Platform, including the Ibiza LifeTM Website and the Ibiza LifeTM Mobile App.
    2. You are solely responsible for providing, at your own expense, all equipment necessary to use the Platform and Offerings, including a computer and modem, your own Internet access, and payment of any service fees associated with such access.
  3. No Guarantee
    1. Although the Company works hard to provide quality Offerings, you understand and acknowledge that we cannot promise or guarantee specific results from using the Platform or Offerings available on this Platform.
  4. Temporary Interruptions
    1. You understand and agree that temporary interruptions of the Platform may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or services that we may use to provide you with the Offerings. You agree that the Offerings available on this Platform are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
  5. Platform Access
    1. For certain types of features available through the Platform, including the Offerings, we require the use of security technologies provided for your protection and your use of a user identification name (“User ID”) and password after setting up a user account (“User Account”).
    2. To create a User Account on the Platform, you must provide account-specific information to authenticate yourself (e.g., account owner name, and address, etc.).
    3. In these Terms of Use, “you” and “your” refer to each person, or, if applicable, the entity who is an owner, signer, or has unrestricted access to a User Account and each person that uses the Platform with your permission. You may never use another person’s User Account and/or User ID without permission.
  6. User Account and Password
    1. We use reasonable precautions to protect the privacy of your User ID, password and User Account information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your User ID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Platform. You, however, are ultimately responsible for protecting your User ID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You are required to take reasonable precautions to safeguard your User ID and password.
    2. You also agree to immediately notify us of any unauthorized use of your User ID, password and/or User Account, or any other breach of security by contacting us via mail or email:
      1. Naray Communications Inc. d/b/a Ibiza Life
        ATTN: Intellectual Property Agent
        5424 Bell Forge Ln E
        P.O. Box 818
        Antioch, TN 37013
      2. info@ibizalifenashville.com
    3. You are solely responsible for any activity that occurs with respect to your User Account and User ID. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption.
  7. Reliance by Company
    1. You authorize us to rely on your User ID and password to identify you when you use the Platform, and as signature authorization for any payment made using the Platform.
    2. You acknowledge and agree that you are responsible for all payments you make using the Platform and for paying any and all late charges or penalties.
    3. You also acknowledge and agree that if you permit another person or persons to use the Platform or give them your User ID and/or password, you are responsible for any payment that person makes to your Account, even if the person exceeds your authorization.
    4. You agree that the Company may comply with the Payment Instructions (defined below) entered by any person using your User ID and Password, subject to the terms set forth more fully below in the Unauthorized Payments section of these Terms of Use.
      1. “Payment Instructions” means the information provided by you for a bill payment to be made to the Company (i.e., banking account number, ABA number, payment date, payment amount, and any additional information).
  8. Account Security
    1. We are committed to protecting the security and confidentiality of information about you and your Account and User Account.
    2. The Company uses, and may in the future use, several different security methods to protect your Account and User Account information, including:
      1. If the Platform does not recognize your electronic device, you may be prompted to answer one of your challenge questions to verify your identity.
      2. The Platform will automatically log off if prolonged periods of inactivity occur.
      3. Your session will terminate if you navigate away from the Platform to another website or mobile app for an extended period of time.
  9. Electronic Communication
    1. When you create a User Account, you must designate a primary email address that will be used for receiving electronic communication. To the extent that the Company maintains an online message center now or in the future, such exchange of communications shall be considered an electronic communication and may be utilized by the Company for providing you notices pursuant to these Terms of Use and/or applicable law.
    2. By creating a User Account for the Platform, you agree to receive these Terms of Use and any disclosures or notices required by applicable law and all other communications electronically to the email address you designate in your account profile.
    3. You also agree that the Company may respond to any communication you send to the Company with an electronic communication, regardless of whether your original communication with the Company was an electronic communication.
    4. Any electronic communication the Company sends to you will be considered received within 3 calendar days of the date such communication is sent by the Company to the email address you designate in your account profile.
    5. To the extent permissible under applicable law, any electronic communication you send to us will not be effective until we have had a reasonable opportunity to act on the electronic communication.
  10. Permissible Account Activities
    1. You may perform the following activities with your User Account while using the Platform:
    2. You may retrieve account information (such as a balance due) and view previous transactions.
    3. You may set alert messages for certain circumstances, such as when a new statement is available for viewing or when a pending payment has been posted to your account.
    4. You may view electronic versions of account statements.
    5. You may make payments to your User Account from your Payment Account (defined below). Payments may be made from checking, money market, or savings accounts and must be made in accordance with the terms of these Terms of Use and any other applicable agreements and/or applicable law.
      1. “Payment Account” means your personal or business checking, savings, or other financial account (i.e., PayPal) from which the Company bills payments for your use of a User Account on the Platform.
      2. We recommend that you confirm with your financial institution any fees you may be charged for bill payments from your Payment Account (i.e., if you designate your money market account as your Payment Account, your money market account may permit a limited number of transfers before additional fees are imposed).
  11. Disclosure of Account Information
    1. We will not disclose any information to third parties about you, including email addresses, or your User Account, except in the situations described below or as otherwise set forth in our Privacy Policy.
    2. We will disclose such information:
      1. where disclosure is necessary for completing payments, or to resolve a problem related to a payment
      2. to verify the condition and existence of your User Account for a third party, such as a credit bureau or merchant;
      3. to persons authorized by law in the course of their official duties;
      4. to a consumer reporting agency as defined by applicable law;
      5. to comply with a government agency or court order, such as a lawful subpoena;
      6. to Company employees, auditors, service providers, attorneys or collection agents in the course of their duties; or
      7. if you give the Company written permission.
  12. Payments
    1. You authorize the Company to debit your Payment Account and remit funds on your behalf to the Payee. When the Company receives a Payment Instruction, you have authorized the Company to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Payment Due Date as designated by you. You also authorize the Company to credit your Payment Account for payments returned to you.
    2. You must have sufficient available funds in your Payment Account on the payment due date. If your Payment Account has insufficient funds, the bill payment will not be completed. Should a bill payment fail because of insufficient funds in your Payment Account, we may charge an additional fee.
      1. If, for any reason, your Payment Account contains insufficient funds to make a bill payment the date such payment is due, you agree that we may, at our option, suspend or terminate performance of your User Account, the Offerings, or delivery of products until you pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by means acceptable to us.
      2. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
    3. If the Company debits your Payment Account incorrectly, the Company will be responsible for returning the improperly debited funds to your Payment Account.
    4. If a bill payment from your Payment Account is not paid on time or is not in the correct amount, the Company will be liable only for the actual charges incurred by you, to the extent required by applicable law.
    5. However, the Company will not be liable in the following situations:
      1. You did not properly follow the provisions of these Terms of Use, the online instructions for the User Account or the Platform, or other instructions for making a payment;
      2. Through no fault of the Company, you have insufficient funds in your Payment Account to make a payment;
      3. Your electronic devices of the Platform were not working properly or were temporarily unavailable, and this problem was or reasonably should have been apparent to you when you attempted the payment or you were notified of the malfunction before you executed the payment
      4. Circumstances beyond our control prevented the payment, despite reasonable precautions that we have taken, including telecommunications outages, fires, floods, or other natural disasters;
      5. The Company has reasonable basis to believe that unauthorized use of your User ID, password, or User Account has occurred or may be occurring;
    6. The Company has or you have terminated your User Account;
    7. You have supplied your User Account login information for the Platform to another party; or
    8. For any other reason specified in these Terms of Use or any other agreement the Company has with you.
  13. Accurate Account Information
    1. In creating and using your User Account on the Platform, you agree to:
      1. provide true, accurate, current and complete information about yourself on any registration form required on the Platform; and
      2. maintain and promptly update your information to keep it true, accurate, current and complete.
    2. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
  14. Termination of Account
    1. We reserve the right to terminate your use of the Platform for any reason including inactivity and at any time without notice to you.
    2. You have the right to terminate your User Account and/or use of the Platform by contacting us via mail or email:
      1. Naray Communications Inc. d/b/a Ibiza Life
        ATTN: Intellectual Property Agent
        5424 Bell Forge Ln E
        P.O. Box 818
        Antioch, TN 37013
      2. info@ibizalifenashville.com
    3. Any termination of your User Account and/or use of the Platform, whether initiated by you or by the Company, will not affect any of your or the Company’s rights and obligations under these Terms of Use that have arisen before the effective date of such termination.
  15. Errors or Questions About Bill Payments
    1. In case of errors or questions about bill payments, please contact us via mail or email:
      1. Naray Communications Inc. d/b/a Ibiza Life
        ATTN: Intellectual Property Agent
        5424 Bell Forge Ln E
        P.O. Box 818
        Antioch, TN 37013
      2. info@ibizalifenashville.com
  16. Platform Conduct, Posting Policies, and Third Party Websites
    1. Your use of the Platform is subject to all applicable laws and regulations, and you are solely responsible for any comments, posts, and information you leave on the Platform. By posting information on the Platform, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Platform, you agree that you will not post comments, messages, links, code or other information that:
      1. is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
      2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
      3. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
      4. consists of unsolicited advertising, junk, spam, or bulk email, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
      5. contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
      6. breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Platform, or attempts to gain access to other network or server via your account on this Platform; or
      7. impersonates any person or entity, including any of our employees or representatives.
  17. Children’s Online Privacy Protection Act
    1. For more information about the Children’s Online Privacy Protection Act of 1998 (“COPPA”), see our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.
  18. No Endorsement
    1. The Company neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Platform. Although we do not pre-screen, police, or monitor information posted on the Platform, we and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Platform, or are otherwise harmful, objectionable, or inaccurate. You understand and agree that we are not responsible for any failure or delay in removing such postings.
  19. Third-Party Platforms and Information
    1. This Platform may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such websites may contain information, material, or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Platform or party by us, or any warranty of any kind, either express or implied.
  20. Promotions
    1. From time to time, this Platform may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Platform. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.
  21. Company Intellectual Property
    1. For purposes of these Terms, “Company Content” is defined as any intellectual property, information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Platform and is owned by the Company and/or its Affiliates.
    2. By accepting these Terms, you agree that all content presented to you on this Platform is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of the Company and/or its Affiliates.
    3. The following are trademarks or service marks of Company: Naray Communications, Inc.TM, NarayTM, Ibiza LifeTM, Ibiza Life Mobile AppTM, Fiesta MixTM, Latina MixTM, En CandelaTM, Reggaeton Sin CensuraTM, Sans AnesthésieTM, Se Botó La SalsaTM, Electro BeatTM, and other marks.
    4. All custom graphics, icons, logos and service names are registered trademarks, trademarks, service marks, or copyrights of the Company or its Affiliates. All other intellectual property belongs to their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, copyright, and/or the name of the Company or its Affiliates.
    5. Certain ideas, software and processes incorporated into the Offerings available on this Platform are protected by intellectual property law and/or patent applications pending in the United States, and we intend to prepare and file additional patent applications in selected foreign jurisdictions, if applicable.
  22. Limitations on Use of Content
    1. Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this Platform in any form or by any means whatsoever without prior written permission from us. You may not use any Content for commercial use. Any unauthorized use of Platform content violates our intellectual property interests and could result in criminal or civil penalties for you.
  23. No Warranty for Third-Party Infringement
    1. Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Platform will not infringe the rights of third parties.
  24. Intellectual Property
    1. Subject to our Privacy Policy, any communication or material that you transmit to this Platform or to us, whether by email or other means, for any reason, will be treated as non-confidential and non-proprietary user content (“User Content”). While you retain all rights to the User Content, you grant us (including our employees and Affiliates), a non-exclusive, perpetual, and worldwide right to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the User Content for any purpose whatsoever, regardless of the form or medium in which it is used.
    2. We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing Company Content or User Content through our Designated Agent, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c), et. seq. We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.
    3. If you believe that you or someone else’s intellectual property has been infringed by Company Content or User Content provided on this Platform, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to our Designated Agent immediately.
    4. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Platform is intended as a substitute for qualified legal advice.
    5. To file a DMCA Takedown Notice of Infringing Material, we ask that the Rights Holder provide us the following information:
      1. Reasonably sufficient details about the nature of the intellectual property in question, or, in the case of multiple alleged infringements, a representative list of any applicable U.S. Copyright Registration numbers, U.S. Patent and Trademark Registration numbers, and URLs;
      2. Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ intellectual property (for example, the URL of the page that contains the alleged infringing material);
      3. The Rights Holder’s name, address, phone number, and email so that we can contact them;
      4. A statement that the Rights Holder has a good faith belief that the use of the material identified is not authorized by the intellectual property owner, its agent, or the law;
      5. A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
      6. The Rights Holder’s electronic signature.
    6. Notice for intellectual property violations may be sent by mail or email to:
      1. Naray Communications Inc. d/b/a Ibiza Life
        ATTN: Intellectual Property Agent
        5424 Bell Forge Ln E
        P.O. Box 818
        Antioch, TN 37013
      2. info@ibizalifenashville.com
  25. DMCA Counter-Notification
    1. If material that you have posted to our Platform has been taken down, you may file a counter notification that contains the following details:
      1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
      2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
      3. Your name, address, phone number, and email;
      4. A statement that you consent to the jurisdiction of federal district court in Tennessee, and that you will accept service of process from the person who provided notification in compliance with Section 512 (c)(1)(C) of the DMCA, or an agent of such person; and
      5. Your physical or electronic signature.
    2. DMCA counter-notifications may be sent by mail or email to:
      1. Naray Communications Inc. d/b/a Ibiza Life
        ATTN: Intellectual Property Agent
        5424 Bell Forge Ln E
        P.O. Box 818
        Antioch, TN 37013
      2. info@ibizalifenashville.com
    3. You also acknowledge and agree that upon receipt of a notice of a claim of intellectual property infringement, we may temporarily or permanently remove the identified materials from our Platform without liability to you or any other party.
  26. Confidential Information
    1. As stated above, all communications sent by you to us will be treated as non-confidential and non-proprietary (subject to our Privacy Policy). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions, or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by the Company and will not be returned to you.
  27. Email Services and Stored Data
    1. We may make email services available to users of our Platform, either directly or through a third-party provider. We will not inspect or disclose the contents of private email messages except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, 18 U.S.C. § 2510, et. seq. or as otherwise required by law or by court or governmental order. Further information is available in our Privacy Policy.
  28. Spam Prevention
    1. We use automated tools or techniques to protect our users from mass unsolicited mailings (also known as “spam”) and/or other types of malicious or harmful content. However, such tools or techniques are not perfect, and we therefore are not responsible in cases where legitimate communications are accidentally blocked, or unsolicited communications get through to the email you use to access our Platform.
  29. Storage Provided by Us
    1. If you opt to store personal data of any kind on our Platform, you understand and agree to abide by our general practices and limits concerning use of the Offerings available on our Platform, including without limitation the maximum number of days that uploaded content will be retained, the maximum disk space that will be allotted, and the maximum number of times you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Platform. You acknowledge that we reserve the right to remove or terminate accounts which have not paid a subscription fee (if applicable), that remain inactive for longer than 1 year, or in cases where you have violated one or more terms of this Agreement.
  30. Passwords and Security
    1. If you register for an account on the Platform, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.
  31. Disclosure to Third Party Affiliates
    1. The information we obtain through your use of our Platform is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.
  32. Disclaimers
    1. ALL CONTENT AND OFFERINGS ON OUR PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
    2. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT:
      1. THE CONTENT, OFFERINGS, OR PLATFORM WILL MEET YOUR REQUIREMENTS;
      2. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT, OFFERINGS, OR PLATFORM WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; AND/OR
      3. HE QUALITY OF ANY CONTENT OR OFFERINGS PURCHASED OR OBTAINED BY YOU FROM THE PLATFORM FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
    3. OUR PLATFORM COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS ON OUR PLATFORM, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE ON OUR PLATFORM MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR OFFERINGS.
    4. THE USE OF THE OFFERINGS OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
    5. THROUGH YOUR USE OF THE PLATFORM, YOU MAY HAVE OPPORTUNITIES TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER USERS AND VENDORS. YOU ACKNOWLEDGE THAT ALL TRANSACTIONS RELATING TO ANY PRODUCTS OR OFFERINGS PROVIDED BY ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO THE PURCHASE TERMS, PAYMENT TERMS, WARRANTIES, GUARANTEES RELATING TO SUCH TRANSACTIONS, ARE AGREED TO SOLELY BETWEEN THE SELLER OF SUCH MERCHANDISE AND YOU.
    6. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THE PLATFORM, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR CONTENT AVAILABLE ON OR THROUGH THE PLATFORM FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
    7. WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE PLATFORM, INCLUDING ANY OFFERINGS OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN ANY APPLICABLE PRICING STRUCTURES, THE ADDITION OF FREE OR FEE-BASED SERVICES, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES, OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT OFFERINGS ON THIS PLATFORM SHALL ALSO BE SUBJECT TO THESE TERMS OF USE.
    8. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
  33. Liability Waivers
    1. YOU UNDERSTAND AND AGREE THAT NARAY COMMUNICATIONS, INC. D/B/A IBIZA LIFE, OUR OWNERS, LICENSEES, ASSIGNS, SUBSIDIARIES, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, SUPPLIERS, PARTNERS, SPONSORS, ADVERTISERS, ARE NOT AND WILL NOT BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING PRE-JUDGMENT INTEREST AND ATTORNEYS’ FEES, ARISING FROM THE USE OF THE PLATFORM OR FROM SOFTWARE, CONTENT, INFORMATION, MATERIALS, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM, OR FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SPECIFIC ITEM, CONTENT, OR SOFTWARE GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES.
    2. YOU UNDERSTAND AND AGREE THAT NARAY COMMUNICATIONS, INC. D/B/A IBIZA LIFE, OUR OWNERS, LICENSEES, ASSIGNS, SUBSIDIARIES, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, SUPPLIERS, PARTNERS, SPONSORS, ADVERTISERS, ARE NOT LIABLE FOR ANY ACT OR OMISSION COMMITTED BY PLATFORM USERS IN CONNECTION WITH THEIR USE OF THE PLATFORM OR CONTENT CONTAINED WITHIN THE PLATFORM REGARDLESS OF ANY RESULTING INJURY THAT MAY HAVE BEEN CAUSED BY SUCH AN ACT OR OMISSION COMMITTED BY PLATFORM USERS.
  34. Limitation of Liability and Indemnification
    1. YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THESE TERMS AND YOUR USE OF THIS PLATFORM SHALL BE LIMITED TO THE AMOUNT YOU PAID US FOR OFFERINGS PURCHASED ON THE PLATFORM DURING THE 1 MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY.
    2. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA LOSS, OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS PLATFORM.
    3. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR OFFERINGS OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS PLATFORM, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
    4. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
    5. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND OUR AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES THAT MAY ARISE FROM YOUR USE OR MISUSE OF THIS PLATFORM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
  35. Grounds for Termination of Use
    1. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Platform with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to this Platform, and reporting you to the proper authorities, if necessary.
  36. No Right to Offerings Upon Termination
    1. Upon termination and regardless of the reasons motivating such termination, your right to use the Offerings available on this Platform will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. These Terms, as well as your liability for any unpaid fees, if applicable, shall survive any termination.
  37. Miscellaneous Provisions
    1. Notices. All notices to us shall be in writing and sent either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at info@ibizalifenashville.com, if by email, or to our address at Naray Communications Inc. d/b/a Ibiza Life, 5424 Bell Forge Ln E, P.O. Box 818, Antioch, TN 37013, if by conventional mail. You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record.
    2. International Use. Although this Platform may be accessible worldwide, we make no representation that materials on this Platform are appropriate or available for use in locations outside the United States. Those who choose to access this Platform from other locations do so on their own initiative and at their own risk. If you choose to access this Platform from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, service, and/or information made in connection with this Platform is void where prohibited.
    3. No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Platform, or use of or access to this Platform or Offerings provided through this Platform, beyond the limited rights granted to you under Section 12 of these Terms.
    4. Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Offerings available through our Platform arising from any event beyond our reasonable control, whether or not foreseeable by us or you, including but not limited to, pandemic, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
    5. Governing Law. This Platform (excluding any third party websites) is controlled by us from our offices in Tennessee, and these Terms shall be governed by, and construed in accordance with, the laws of the State of Tennessee without regard to the conflicts of laws principles.
    6. Jurisdiction and Venue. By using our Platform, you consent to the jurisdiction of the federal and state courts serving Davidson County, Tennessee and the Parties agree that any legal proceeding arising out of or in connection with these Terms must be brought solely in the federal or state courts located in Davidson County, Tennessee. By using our Platform, you agree to waive objections based on the grounds of lack of jurisdiction or forum non-conveniens to the exercise of Tennessee federal and state courts’ jurisdiction over you.
    7. Integration. These Terms and all incorporated policies constitute the entire agreement and understanding between the parties concerning the subject matter contained within and supersedes all prior agreements and understandings of the parties. These Terms may NOT be altered, supplemented, or amended by the use of any other documents. To the extent that anything in or associated with the Platform is in conflict or inconsistent with these Terms, these Terms shall take precedence.
    8. Binding Effect. These Terms shall be binding upon the parties and any permitted successors, heirs, assigns, executors, and administrators.
    9. Severability. If any provision within these Terms is deemed unenforceable by a court of competent jurisdiction, that provision is deemed severable and the remaining provisions shall remain in effect.
    10. No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.