Last Updated: December 20th, 2024
The following Terms of Use constitute an agreement establishing the legally binding terms you must accept to use this application. This Agreement is an electronic contract that establishes the legally binding terms You must accept to use the Service. By accessing or using the Service, You accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to You in electronic form. If You do not agree to be bound by this agreement, You may not access or use the Service.
1. INTRODUCTION
Vybs is a membership-based community for hosting and attending spontaneous activities, in-person meetings, and real-life networking. Our goal is to facilitate an environment where members feel safe to host and participate in activities offline in meaningful ways.
To ensure all Vybs members feel safe, comfortable, and respected, we rigorously vet each applicant. We do not share or sell any user information outside of the Vybs community, unless you have elected to share it through your actions within the Service, your information, interest, and involvement remains strictly within Vybs.
Our members are the hearts of the Vybs community, your comfort and safety are our top priority, for this reason, we only approve applicants who we believe will, and who have agreed to, comply with our Terms of Use. We routinely review our community and remove members who are not acting in accordance with our Terms of Use, or who are otherwise engaging in disrespectful, distasteful, inappropriate, or improper behavior. Members are encouraged to block and report any other members who are acting inappropriately or disrespectfully, doing so will promptly alert Vybs to review the offending members and take the measures necessary to protect the community.
"Vybs", the “Company”, “we”, “us”, or “our” refers to the exclusive owner, operator of Vybs application, subsidiary, or assign of Vybs. "Service" refers to your use of Vybs application through a mobile device. "You" refers to a user of this Service. "Agreement" refers to this Terms of Use Agreement.
By signing up and submitting an application to Vybs, creating a Vybs account, hosting or attending activities within the Vybs community, or otherwise using the Service in any manner whatsoever, you agree to be bound by these Terms of Use and our Privacy Policy, which is incorporated herein by reference and available at www.vybs.app. Vybs provides its mobile application (the “app”) and related services, including, but not limited to, those related to location search and other online interactions (collectively, the “Service”), subject to the following Terms of Use (as amended from time to time, the “Terms of Use”). By signing up and submitting an application to Vybs, creating a Vybs account, hosting and attending activities within the Vybs community, or otherwise using the Service in any manner whatsoever, you agree to be bound by these Terms of Use and our Privacy Policy, which is incorporated herein by reference and available at www.vybs.app. We reserve the right to, in our sole discretion, change or modify these Terms of Use at any time. Each time we do so, we will indicate at the top of this page the date of the most recent version. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Use. If you do not accept and agree to be bound by all of the Terms of Use and its latest revisions, please do not use the Service.
You must be at least 18 years of age to access and use the Service. By accessing and using the Service including but not limited to: submitting an application, creating an account, hosting an activity, joining an activity, messaging users, or otherwise using the Service, you represent and warrant to Vybs that (1) You are at least 18 years old, (2) You can form a binding contract with Vybs, (3) You have never been convicted of a felony, (4) You are not barred from using the Service under the laws of the United States or any other applicable jurisdiction, (5) You are not located in a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a “terrorist supporting” country, (6) You are not required to register as a sex offender with any government entity, (7) You do not appear in the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition, (8) You will comply with the Vybs Terms of Use and all local, state, national, and international laws, rules, and regulations, and (9) You consent to your personal data being collected, stored, processed, or transferred in the manner provided for in this Agreement. If You use the Service from outside of the United States, You are responsible for complying with the laws and regulations of the territory from which You access or use the Service.
Vybs is a membership-based community designed for networking and in-person meetings. Our mission is to facilitate an environment where members feel safe to connect and engage in meaningful ways. Vybs is committed to ensuring all members feel safe, respected, and assured of their privacy. To uphold these values, we carefully select members who align with our community guidelines, including our commitment to respecting privacy. Members must agree to maintain a respectful and supportive community. We periodically review member activity, identify, and remove individuals who have violated our Terms of Use or engaged in inappropriate behaviors.
To gain access to Vybs, prospective users are required to sign up by completing an application within the app. All applications are considered, but Vybs reserves complete control and sole discretion as to who is granted membership. By signing up and submitting an application, you agree to receive text messages for account verification and login purposes only. To use Vybs, You must sign in using your mobile number. By doing so, You authorize Vybs to send short verification codes by text messaging to your device for you to log in.
Upon joining the Service, you will be fully responsible for maintaining the accuracy of your information and all activities that occur under your account. You agree to (1) Immediately notify Vybs of any unauthorized use of your account or any other breach of security, (2) Keep your information current and accurate at all times, (3) Implement the necessary security safeguards on any device you use to access the Service, and (4) Host or participate in only activities that do not involve inappropriate, violent, or illegal conducts including but not limited to: violent protests, prostitution, unwanted physical advances, physical altercations, theft, and/or otherwise any activity or gathering that could cause physical, material, and/or psychological harm to others. In addition to the disclaimers and limitations set forth below, Vybs will not be liable for any loss, injury, and/or any damage arising from your failure to comply with this Agreement.
This Agreement exists in full effect while You use the Service and/or have a Vybs account. Vybs, in its sole discretion, may cancel, suspend, or block your access to all or part of the Service at any time, and remove and discard any content within the Service, with or without notice, for any reason, including, without limitation, (1) Lack of use, (2) Breach of this Agreement, (3) Failure to participate in a productive and appropriate manner within the Vybs community, and/or (4) Any other reasons Vybs may determine based on periodic reviews. Likewise, You may terminate your account at any time, for any reason. Vybs is not responsible or liable for any records or information that is made unavailable to You as a result of your termination of account. You agree that Vybs will not be liable to You or any other party for any termination of your access to the Service. Vybs may also, in its sole discretion and without notice, discontinue providing the Service or any part thereof. You agree that any termination of your account or access to the Service under any provision of these Terms of Use may be effected at any time without prior notice, and you acknowledge and agree that upon such termination Vybs may immediately delete your account and all your data and files in your account and block any further access to such files or the Service. By using the Service, You further acknowledge and agree that certain features of the app may not be available to all users. The use of the app is only available to members, but certain aspects of the Service, such as activities, may be available to non-members. In addition, certain features and updates within the app are frequently tested among a small portion of our users and other more permanent features are made available only to certain segments of our users based on their location, preferences, and/or unique local privacy requirements. Any limitations on liability that favor Vybs will survive the expiration or termination of this Agreement.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT VYBS CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. VYBS ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. VYBS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. VYBS RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS. VYBS IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER.
ALTHOUGH THE SERVICE MAY BE USED AS A PLATFORM TO PROMOTE, HOST AND INVITE USERS TO PUBLIC AND PRIVATE IN-PERSON ACTIVITIES, VYBS HAS NO INVOLVEMENT IN THE HOSTING OR PRODUCTION OF ACTIVITIES, DOES NOT HAVE ANY CONTROL OR DISCRETION REGARDING THE HOSTS, ATTENDEES, OR OTHER MATTERS RELATING TO ANY ACTIVITY OR EVENTS AND IS NOT RESPONSIBLE FOR YOUR EXPERIENCE AT ANY EVENT. WHILE WE ENDEAVOR TO ENSURE THE PRIVACY AND SAFETY OF ALL USERS’ INTERACTIONS THROUGH THE SERVICE, WE HAVE NO INVOLVEMENT, AND DISCLAIM ALL RESPONSIBILITY, WITH RESPECT TO IN-PERSON INTERACTIONS. LOCATIONS OF ACTIVITIES ARE NOT SHOWN TO MEMBERS UNTIL YOU HAVE ACCEPTED THEM INTO YOUR ACTIVITY, THEREFORE YOU SHOULD ONLY ELECT TO APPROVE A MEMBER REQUESTING TO JOIN YOUR ACTIVITY AFTER CAREFUL CONSIDERATION.
FURTHER, TO THE EXTENT THAT THE SERVICE IDENTIFIES THE LOCATION OF ANY ACTIVITY OR CERTAIN LOCATIONS WHERE USERS CONGREGATE OR FREQUENTLY VISIT, VYBS DISCLAIMS ANY AFFILIATION WITH SUCH LOCATIONS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SAFETY OF THE LOCATION OR THE ACTIVITIES TAKING PLACE THEREIN.
IN NO EVENT SHALL VYBS, ITS AFFILIATES OR ITS PARTNERS BE LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, 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, DEATH, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SERVICE. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO COMMUNICATE OFF THE SERVICE OR MEET IN PERSON, OR IF YOU DECIDE TO SEND MONEY TO ANOTHER USER. YOU UNDERSTAND THAT VYBS MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION), OR WIRE OR OTHERWISE SEND MONEY, TO OTHER USERS.
You agree that you, not Vybs, are responsible for all content that you make available on or in Vybs’ Service ("User Content"). User Content includes, but is not limited to, messages, photographs, bio, about, activity posts, or texts, whether publicly posted or privately transmitted. You shall not post, upload, publish, link to, transmit, record, display, or otherwise make available any content on the Service that is offensive, inaccurate, misleading, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, disrespectful, distasteful, sexually explicit, exploitive, illegal, or that infringes or violates another person’s rights, including intellectual property rights and rights of confidentiality, privacy, and publicity.
You represent and warrant that all information submitted by you upon creation of your account, including information submitted from your account on Social Networking Services, is accurate and truthful, and you will promptly update any information that subsequently becomes inaccurate, incomplete, misleading, or false. By posting content as part of the Service, you grant Vybs a worldwide, transferable, sub-licensable, royalty-free license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, and distribute the content for the limited purpose of operating, developing, providing, promoting, and improving the Service and researching and developing new features.
Vybs reserves the right, but not the obligation, to monitor or review any content at any time and may delete any content, in whole or in part, that in its sole judgment violates these Terms of Use, adversely affects the community, or harms the reputation of the Service or Vybs. Vybs may also, in its sole discretion, investigate and take any legal action against violators, including removing offending communication, terminating or suspending accounts, or preserving and disclosing account information and content to comply with legal processes or protect the rights, property, or personal safety of the Company or others.
Your use of the Service, including all content you post, must comply with all applicable laws and regulations. You acknowledge that any content you place on the Service may be viewed by other users and individuals participating in the Service and may be shared by Vybs users.
Under no circumstances will Vybs be liable in any way for any contents or materials of any third parties (including by users), whether posted in the app or otherwise, including, but not limited to, in connection with any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Vybs does not pre-screen content, but that Vybs and its designees will have the right in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Vybs and its designees will have the right to remove any content that violates these Terms of Use or is deemed by Vybs, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
The Service may contain third-party links or access to other sites and resources on the internet. Third party websites may be provided by users communicating and sharing. Vybs has no control over such sites and resources and Vybs is not responsible for and does not endorse such sites and resources. You acknowledge and agree that Vybs will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Vybs is not liable for any loss or claim that you may have against any such third party.
Vybs reserves the right to investigate, suspend or terminate your account if we believed, in our sole discretion, that you have misused the Service or acted in a way Vybs regarded as inappropriate, improper, distasteful, harassing, unlawful, or not in conformance with the values of the community, including actions or communications occurring outside of the Service or prior to membership on the Service. Such inappropriate, improper and unlawful behavior includes, but is not limited to: (1) Sending, posting or otherwise uploading any Content prohibited by these Terms of Use, (2) Interfering with or disrupting the Service or servers or networks connected to the Service, or disobeying any requirements, procedures, policies or regulations of networks connected to the Service, (3) Violating any applicable local, state, national or international law, or any regulations having the force of law, (4) Harassing, intimidating, abusive, bullying, exploiting, embarrassing, annoying, threatening, or stalking others, (5) Disclosing the identity of any user, (6) Taking screenshots or otherwise copying, disclosing or sharing content from the app, (7) Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity, (8) Soliciting personal information from anyone under the age of 18, (9) Soliciting payment from any user, (10) Harvesting or collecting contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications, (11) Interacting with others in an aggressive, disrespectful, distasteful or otherwise improper way, as determined in Vybs’s sole discretion, (12) Making any statement, whether by posting of content or otherwise, that is hate speech, threatening, racist, abusive, pornographic, harassing, sexually explicit, libelous, defamatory, promoting violence or weapons, commercial in nature, or otherwise deemed improper in Vybs’s sole discretion, (13) Furthering or promoting any criminal activity or enterprise or providing instructional information about illegal activities, (14) Misrepresenting your identity, status, location, qualifications or affiliations, and/or (15) Disclosing information that you do not have the right to disclose.
Vybs owns and retains all proprietary rights in the Service, and in all content, trademarks, patents, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, patents and other proprietary information of Vybs. 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 Vybs, or if such property is not owned by Vybs. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
Vybs has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any Content infringes upon your intellectual property rights, please reach out to a Vybs representative at www.vybs.app. A notification alleging such infringement ("DMCA Takedown Notice") could include: (1) Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works, (3) Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material, (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail, (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (6) A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
The Service make use of certain services and feature that are available in mobile devices including but not limited to: (1) Upload of contents to the Service such as texts and images, (2) Browse activities in the Service, (3) Receive text messages for validation purposes, and (4) Communicate with other members of the community. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. By using the Mobile Services, You agree that we may communicate with you on information regarding Vybs only, and that You may receive APNS push notifications or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Vybs account information to ensure that your messages are not sent to the person that acquires your old number.
By using the Service, beginning with the sign up for membership, You agree that we may provide you with emails, text messages, push notifications, alerts, and other messages related thereto. After downloading the app, you will be asked to accept or deny push notifications or alerts. If you decline, you will not receive any push notifications or alerts. If you accept, push notifications or alerts will be automatically sent to you. If you no longer wish to receive push notifications or alerts from the app, you may switch it off from the app’s settings or your device’s settings. The Service makes use of geolocations for coordinating activity meeting locations only, it does not disclose your exact location. Location of the activity are not disclosed to the member requesting to join until you have reviewed and accepted the member into the activity you are hosting. Your GPS location is for finding activities near you only. The locations of those activities will not be disclosed to you until you have elected to join an activity and is approved by the hosting member. If you have set your mobile device to disable GPS or other location determining software or do not authorize the app to access your location data, you will not be able to find or host activities, as they are dependent on your current GPS data.
Vybs reserves the right at any time to modify or discontinue the Service with or without notice. You agree that Vybs shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Service. To protect the integrity of the Service, Vybs reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Service.
VYBS PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AS AN ACCOMMODATION AND WITHOUT WARRANTY OF ANY KIND, NOR DOES VYBS PROVIDE ANY WARRANTIES OF ANY KIND IN RESPECT OF ANY GOODS AND SERVICES PROVIDED VIA THIS SERVICE OR ANY LINKS TO THIS SERVICE. VYBS EXPRESSLY EXCLUDES ANY EXPRESS OR IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT IN RESPECT OF THIS SERVICE OR ANY LINKS TO THIS SERVICE. IN NO EVENT SHALL VYBS BE LIABLE FOR DAMAGES OF ANY KIND INCURRED BY YOU AS A RESULT OF ANY INACCURACY OR ERROR IN THE INFORMATION PROVIDED ON THE SERVICE, ANY DEFICIENCY, ERROR, OR INTERRUPTION IN THE SERVICE, OR ANY DEFICIENCY, DEFECT, OR FAILURE OF ANY GOODS PROVIDED VIA THIS SERVICE OR ANY LINKS TO THIS SERVICE. VYBS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA OR EQUIPMENT ARISING OUT OF YOUR RELIANCE ON THE INFORMATION PROVIDED ON THIS SERVICE, THE USE OR INABILITY TO USE THIS SERVICE, OR ANY DEFICIENCY, DEFECT, OR FAILURE OF ANY GOODS VIA THIS SERVICE OR ANY LINKS TO THIS SERVICE, EVEN IF VYBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, DEFECT, FAILURE, ERROR, OR INTERRUPTION SHALL BE TO REQUEST THAT VYBS CORRECT THE MATTER OR, IF VYBS FAILS TO DO SO, TO DISCONTINUE USE OF THE SERVICE OR ANY RELEVANT GOODS OR SERVICES AT YOUR OPTION. 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.
VYBS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES ARE NOT LIABLE FOR, AND SHALL UNDER NO CIRCUMSTANCES HAVE, ANY LIABILITY, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, AS A RESULT OF OR ALLEGED TO BE THE RESULT OF: (1) CONDUCT, WHETHER ONLINE OR IN-PERSON, THROUGH THE SERVICE OR OTHERWISE, OF ANY USER, (2) YOUR ATTENDANCE AT ANY ACTIVITY OR VENUE POSTED, ADVERTISED, PROMOTED, OR MADE AVAILABLE TO YOU THROUGH THE SERVICE, (3) CONTENT POSTED IN THE SERVICE, WHETHER POSTED BY USERS OR CAUSED BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE, (4) TIMELINESS, DELETION OR REMOVAL, INCORRECT DELIVERY, OR FAILURE TO STORE ANY CONTENT OR COMMUNICATIONS, (5) TERMINATION OR DISCONTINUATION OF THE SERVICE, (6) ANY ERROR, OMISSION, OR DEFECT IN, INTERRUPTION, DELETION, ALTERATION, DELAY IN OPERATION OR TRANSMISSION, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, ANY USER OR USER COMMUNICATIONS, AND/OR (7) ANY PROBLEMS, FAILURE, OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S COMPUTER OR DEVICE RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE INTERNET AND/OR IN CONNECTION WITH THE SERVICE. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO USE THE SERVICE, DOWNLOAD, OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.
You agree to indemnify, defend, and hold harmless Vybs, its officers, directors, employees, agents, partners, subsidiaries, affiliates, information providers, and any other related entities (collectively, the “Indemnified Parties”) from and against any and all liability, losses, claims, demands, and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of or related to your breach of this Agreement, including any breach of your representations, warranties, or covenants. This indemnification extends to claims arising from any activities you promote, market, create, host, or invite others to using the Service, any postings or content you provide within the Service, and any violation of laws or regulations by you.
You shall cooperate as fully as reasonably required in the defense of any such claim. Vybs reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such instances, you agree to fully cooperate with Vybs in its defense efforts. This obligation to indemnify remains in effect even after termination of your use of the Service.
YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE LOGIN CREDENTIALS YOU DESIGNATE TO ACCESS THE SERVICE, AND YOU ARE SOLELY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR LOGIN CREDENTIALS. VYBS TAKES REASONABLE MEASURES IN AN EFFORT TO PREVENT THE LOSS, MISUSE, AND ALTERATION OF THE INFORMATION OBTAINED FROM YOU. HOWEVER, VYBS DISCLAIMS ANY LIABILITY TO YOU OR TO ANY THIRD PARTY ARISING OUT OF ANY SUCH LOSS, MISUSE, OR ALTERATION.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, VYBS PROVIDES THE SERVICE AND ALL CONTENT CONTAINED THEREIN ON AN “AS IS” AND “AS AVAILABLE” BASIS AND DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DEFECTS OR ERRORS WILL BE CORRECTED. VYBS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 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 FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO USE THE SERVICE, DOWNLOAD, OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.
VYBS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BUSINESS PARTNERS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL, DATA, OR SERVICE INTERRUPTIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT FOR USERS RESIDING WITHIN THE JURISDICTIONS WHERE PROHIBITED BY APPLICABLE LAW, THE EXCLUSIVE MEANS OF RESOLVING ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE (INCLUDING ANY ALLEGED BREACH THEREOF) OR THE SERVICE SHALL BE BINDING ARBITRATION. YOU MAY NOT UNDER ANY CIRCUMSTANCES COMMENCE OR MAINTAIN AGAINST THE VYBS ANY CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. BY USING THE SERVICE IN ANY MANNER, YOU AGREE TO THE ABOVE ARBITRATION AGREEMENT. IN DOING SO, YOU WAIVE YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND ANY CLAIMS BETWEEN YOU AND VYBS. YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. DECISIONS BY THE ARBITRATOR ARE ENFORCEABLE IN COURT OR MAY BE OVERTURNED BY A COURT. ANY PROCEEDING TO ENFORCE THIS ARBITRATION AGREEMENT, INCLUDING ANY PROCEEDING TO CONFIRM, MODIFY, OR VACATE AN ARBITRATION AWARD, MAY BE COMMENCED IN ANY COURT OF COMPETENT JURISDICTION. YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF THOSE COURTS FOR SUCH PURPOSES AND WAIVE YOUR RIGHT, IF ANY, TO A JURY TRIAL IN SUCH ACTIONS.
In addition to, and under no circumstances in limitation of, the other provisions of these Terms of Use, by utilizing the Service to, directly or indirectly in any manner whatsoever, create, host, promote, or invite others to an activity, you acknowledge and agree that (1) Vybs is not responsible for the activity or any aspect thereof, including, but not limited to, the behavior or safety of any attendee, (2) You will not promote, market, or refer to the activity as a “Vybs activity” or otherwise indicate or give the impression that Vybs has any involvement with the activity other than as a hosting and joining platform, and (3) You agree to indemnify and hold the Vybs, its officers, directors, employees, agents subsidiaries and affiliates, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party relating to the event.
Vybs may provide you with notices regarding changes to this Agreement or these Terms of Use using any reasonable means, which may include email, SMS, text message, or postings in the Service. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner. If you do not agree to any changes after receiving notice of such changes, you must stop using the Service. Otherwise, your continued use of the Service constitutes your acceptance of such changes.
Nothing in these Terms of Use prohibits you from offering user experience reviews of Vybs or its Service or engaging in any activities protected by the Consumer Review Fairness Act or any other similar statute or rule.
These Terms of Use, together with the Privacy Policy, represent the entire agreement between you and Vybs regarding the use of the Service and supersede any prior agreements or understandings on the subject matter. If any provision of these Terms of Use is held invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that the remainder hereof shall remain in full force and effect and enforceable. The failure of Vybs to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
You may not assign, transfer, or sublicense this Agreement without the prior written consent of Vybs. Vybs may assign this Agreement in whole or in part. Your Vybs account is non-transferable, and all rights to your profile or contents within your account terminate upon your death or termination from the Service. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use, and you may not make any representations or bind Vybs in any manner.