TERMS OF USE

 

These General Terms of Service (“General Terms”) are a legal agreement between you and Vybe, LLC (“Vybe”). They govern your use of Vybe services, including mobile applications, websites, software, hardware, and other products and services (collectively, the “Services”). If you are using the Services on behalf of a business, that business accepts these terms. By using any of the Services you agree to these General Terms and any policies referenced within (“Policies”), including terms that limit our liability. You also agree to any additional terms specific to Services you use, such as those listed below, which become part of your agreement with us.

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Trademarks

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We respect the copyright and trademark rights of others and ask you to do the same. We have adopted a Copyright & Trademark Policy regarding claims that third party material infringes the copyrights or trademarks of others. We respond to all valid notices of such copyright and trademark infringement, and our policy is to suspend or terminate the access privileges of those who infringe the copyrights and trademarks of others.

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Account Registration

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You have to create an account to use some Vybe Services. During registration we may ask you for information, which may include your name and other personal information if needed for that service. You must provide accurate and complete information in response to our questions, and keep that information current. You are fully responsible for all activity that occurs under your account, including for any actions taken by persons to whom you have granted access to your account. We reserve the right to suspend or terminate the Vybe account of any user who provides inaccurate, untrue, or incomplete information, or who fails to comply with Vybe policy. See our Privacy Policy for more information on how we collect and use your information.

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Security of your Personal Information

Vybe and its affiliates have security measures to safeguard and help prevent your personal information from loss, misuse, unauthorized access, disclosure, alteration or destruction. We update and test such security measures on an ongoing basis and restrict access to your personal information to those employees who need to know that information to provide Services to you. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk. If a password is used to protect your account with us, it is your responsibility to keep the password confidential. Do not share this information with anyone. Vybe does not get, keep, want or have the private keys to any user’s cryptocurrency wallets. These keys are retained by the users. Vybe does not need them to provide our Services to users. Given this, Vybe cannot access users’ wallets, nor recall or cancel Vybe transactions, which further occur independently on an Algorand blockchain, and are thereby subject to the technical parameters of that decentralized technology.

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Your Content

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You grant Vybe and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display any Content you upload to a Vybe site throughout the world in any media form. You may modify or remove your Content via your Vybe Account or by terminating your Vybe Account, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services.

 

You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches any duty toward or rights of any person or entity, including rights of publicity, privacy or trademark; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or Services competitive with Vybe or our partners’ products and Services, as determined by us in our sole discretion; or (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose Vybe, its affiliates or its customers to harm or liability of any nature.

                                       

Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content.

 

Restrictions

 

You may not, nor may you permit any third party, directly or indirectly, to:

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• Have more than one account or use more than wallet. Only one account and only one wallet are allowed per person. Multiple accounts can not mine the same creator sites. Only one account may mine a creator site.

 

• Export Services, which may be subject to American and international law;

 

• Access or monitor any material or information on any Vybe system using any manual process or robot, spider, scraper, or other automated means;

 

• Except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any service, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services;

 

• Perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure;

 

• Copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information or Services from Vybe;

 

• Use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement;

 

• Transfer any rights granted to you under these general terms;

 

• Use the Services in a way that distracts or prevents you from obeying safety laws;

 

• Use the Services for the transaction of illegal goods;

 

• Use the Services for any illegal activity;

 

• Otherwise use the Services except as expressly allowed under these General Terms and applicable Additional Terms.

 

If you violate any of these restrictions, we can suspend or ban your account, or request additional information to continue using your account. If we reasonably suspect that your Vybe Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Vybe Account, and any of your transactions with any and all law enforcement agencies.

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Termination

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We may terminate these General Terms or any Additional Terms, or suspend or terminate your Vybe Account or your access to any Service, at any time for any reason. We will take reasonable steps to notify you of termination by email or at the next time you attempt to access your Account. You may also terminate the General Terms and Additional Terms applicable to your Account by deactivating your Account at any time.

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Indemnity

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You indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these General Terms or any Additional Terms; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United State, India, or any other country; and (e) any other party’s access and/or use of the Services with your unique name, password or other security code.

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Liability Limitations

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To the maximum extent permitted by applicable law, in no event will Vybe be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, inability to use, or unavailability of the service. In all cases, Vybe will not be liable for any loss or damage that is not reasonably foreseeable.

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Under no circumstances will Vybe be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the services or your Vybe account, or the information contained therein.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Vybe has been advised of the possibility of such damage. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.

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Governing Law

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These General Terms and any dispute will be governed by Wyoming, USA law and/or applicable Arbitration Act as applied to agreements entered into and to be performed entirely within Wyoming without regard to its choice of law or conflicts of law principles.

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Other Provisions

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These General Terms, and any applicable Additional Terms or Policies, are a complete statement of the agreement between you and Vybe regarding the Services. In the event of a conflict between these General Terms and any other Vybe agreement or Policy, these General Terms will prevail and control the subject matter of such conflict. If any provision of these General Terms or any Additional Term is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These General Terms do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver of any term of these General Terms will be deemed a further or continuing waiver of such term or any other term.