VYBS Terms of Use
Updated: May 19th, 2026
These terms of use (“Terms”) constitutea legally binding agreement between by VYBS Entertainment Ltd. (“VYBS” “we”“us” or “our”) and yourself (“you”) which govern youraccess and use of (i) our website, and/or any of our other websites or landingpages (collectively, “Website”); (ii)our mobile applications available on iOS, Play Store or otherwise through APKor other marketplace available (“App(s)”); and (iii) our programs,promotions or other offers we may create or operate from time to time and makeavailable through the App (“Services”).
These Terms further incorporate and should be read inconjunction with our Privacy Policy, and any additional terms, policies and/or guidelines which are incorporated intothese Terms by reference, and constitutes an integral part thereof.
ACCEPTANCE OFTHE TERMS: PLEASE READ THESE TERMSCAREFULLY BEFORE DOWNLOADING OR USING THE APPS, SERVICES AND WEBSITE. YOUACKNOWLEDGE THAT THESE TERMS CONSTITUTES A BINDING AND ENFORCEABLE LEGALELECTRONIC CONTRACT BETWEEN YOU AND VYBS. WHEN INSTALLING AND USING THE APPS,SERVICES AND WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREETO BE BOUND BY THESE TERMS, AS WELL AS TO USE THE APPS, WEBSITE AND THESERVICES OFFERED THEREIN ACCORDING TO THE PROVISIONS SET FORTH HEREIN, AND TOCOMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF THE APPS,WEBSITE AND SERVICES. IN THE EVENT YOU DO NOT AGREE WITH THE PROVISIONS OFTHESE TERMS, OR ANY PART HEREOF, YOU SHOULD CEASE ALL USE OF THE APPS,SERVICES, WEBSITE, AND UNINSTALL THE APP.
CLASS ACTION WAIVER AND ARBITRATIONNOTICE: THESETERMS ARE SUBJECT TO A BINDING ARBITRATION PROVISION AND WAIVER OF CLASS ACTIONRIGHTS, AS DETAILED BELOW. YOU AGREE THAT ANY CLAIM OR DISPUTE AT LAW OR EQUITYTHAT HAS ARISEN BETWEEN YOU AND VYBS OR MAY ARISE PURSUANT TO THESE TERMS ORTHE USE OF THE SERVICES, WILL BE RESOLVED IN ACCORDANCE WITH THE PROCEDUREBELOW AS DETAILED IN SECTION 16.
Certain laws require some notices tobe provided in writing. By using our Website and Apps, you understand that mostcommunications are delivered electronically. Accordingly, we may contact you byemail or by posting notices on the Website or Apps. You agree to receivingcommunications by electronic means and acknowledge that such communicationssatisfy any legal requirement that they be in writing.
1. AGELIMITATION AND ELIGIBILITY
You hereby representand warrant that you are a human (not bot or AI), at least 18 years old (orhave otherwise attained the age of legal majority in your jurisdiction) andeligible to enter into and be bound by these Terms. You further represent andwarrant that you are not prohibited by any authorized authority, judicialorder, or law to enter into any agreement.
2. AMENDMENTSTO THESE TERMS
We reserve the right to periodically amend or revise these Terms, at ourdiscretion. Such amendments shall be effective as of the “Last Updated”heading located at the top of these Terms. We will use commercially reasonableefforts to notify you by posting a written notification through the App (popnotification or otherwise an electronic msg) or by other applicable means ofcommunication, if, at our discretion, the changes made are material or if weare required by law. While your continued use of our Services, App or theWebsite means that you agree with the applicable changes, we may from time totime ask you to affirmatively accept updates to these Terms if we make materialchanges. If you do not agree with thechanges, your only remedy is to discontinue your use of the App and Servicesand/or the Website, and where applicable, to terminate any Account you havecreated.
3. WEBSITEAND CONTENT
3.1 TheWebsite provides basic information regarding our business operations andServices, as well as communication channels, to contact us with any questionsor interest in our Services. Any information made available on the Website orour digital campaigns promoting this Website and our Services or businessoperations (including but not limited to business description, commercialinformation, technical information, text, images, videos, logos, trademarks,domain names, and designs, collectively, the "Content") isprovided for general informational and/or illustrative purposes only and doesnot constitute any representation, warranty, or commitment on behalf of theCompany. The Company will not be liable for any inaccuracies, errors, ordiscrepancies, and you should not rely on the Content when engaging with VYBS.
3.2 Wemay, at any time and at our sole discretion, modify, correct, amend, orotherwise make changes to our Website and the Content. Furthermore, we may, atany time, temporarily or permanently discontinue the operation of the Website.
4. REGISTRATIONAND USER ACCOUNT
4.1 To access or use certain features of the Apps and Services, youmay be required to register and create an account ("Account"), which may be available bysigning in through your account on a third-party platform supported by the App (e.g.,Facebook, Google or Apple). You are solelyresponsible for all activities conducted through your Account, regardless ofwhether or not such activities are authorized by you. You may not share yourlogin credentials, nor let anyone else access your Account or do anything elsethat might jeopardize the security of your Account. If you become aware of, orhave reason to suspect, any security breach related to your Account you mustpromptly notify us and update your login credentials. If you create yourAccount using your account on a third-party platform, certain information youprovide or that is available through such platform (subject to its operator’sterms and conditions). You must provide accurate and complete information whenregistering your Account and promptly update any changes to your information(including contact details). Eachuser shall only be permitted to create one Account and use this one Accountacross all its devices. You agree not to misrepresent youridentity or age, nor to create an Account on behalf of anyone other thanyourself or use any information or accounts you are not authorized to use. If you have reason tobelieve that your Account is no longer secure, please contact us immediately at:info@vybs.co.
4.2 In addition, you shall not: (i) createmultiple Accounts, unless VYBS makes an exception for certain parts of theServices; (ii) transfer or sell your Account to any third-party; (iii) access oruse your Account for any purpose other than personal use (and not for anybusiness or commercial purpose); (iv) use a VPN, proxy or any other means toobscure the true source of traffic or your location when using the Services; or(v) use any element of the Services in a Sanctioned Country (as defined below).
4.3 Please note that we may use theinformation you provide us with during the registration process or otherwisethrough our Website or Apps, to send you certain marketing materials andoperational or support messages. You may unsubscribe from these messages at anytime. If you unsubscribe from marketing messages, you may still receive service-related messages that arepermitted by law (for example, for security or Account-related purposes). Any information processedthrough such channels is subject to our Privacy Policy.
4.4 In order to comply with our AML andKYC policies as well as with applicable laws, we may require you, uponregistration or at any time during your use of the Services or prior to suchusage, to provide additional information (e.g., name, age, gender, and contactdetails) and documentation (e.g., governmentissued ID, utility bills, etc.), as a condition of using the Services or anypart thereof (including, for example, as a condition for withdrawing anyamounts from your Account), as part of our ongoing efforts to prevent illegaland fraudulent activities, and/or to comply with any other policies we may elector be obligated to put in place from time to time. We will use such informationonly in accordance with our Privacy Policy.
4.5 Subject to applicable laws, we reserve the right to terminate,block and suspend any Account, as well as remove or reclaim any username at anytime and for any reason, including but not limited due to breach or suspectedbreach of these Terms or any third party’s rights, without liability to you,including for any data loss.
5. REWARDSPROGRAMS
5.1 VYBS offers reward programs underwhich users can earn V Points that are redeemable for Rewards (as both are definedbelow) (“Rewards Program(s)”) subject to participation in various activities,such as playing games recommended on the App, reaching gameplay progressionmilestones, purchasing virtual goods, participating in virtual events,completing tasks (such as inviting a surveys, inviting a friend etc.) (“Activity”,or collectively, “Activities”). Each Reward Program or other promotions (suchas rebate and cashback promotions) may include additional terms that apply tothe Activity or Reward and presented to you, posted on our App or Website, orotherwise notified from time to time.
“Rewards”include third party merchant gift cards or cash gift card which enable you toreimburse your PayPal account, Venmo account or Visa account (both shall bedefined herein as “Gift Card”), content codes, coupons, game tokens orother rewards, all which are provided by third party merchants and vendors (“Merchant”)and subject to the Reward Program terms. Rewards are subject to additionalterms or rules which are provided by VYBS or the Merchant, as applicable.Certain Reward may have a minimum threshold which will be reflected prior toyour choice to redeem.“” shall refer to the valueearned under the applicable Reward Program, in consideration of the applicableparticipation in an Activity. In each case, the value of V Points for thepurpose of being redeemed for Rewards will be applied against the pre-tax purchaseamount, or any other applicable costs (such as handling charges).
5.2 Thenumber of V Points earned for Activities varies and is not the same for allusers. Different users may receive different amounts of V Points, even foridentical Activities or interactions. We may set rates or multipliers at whichV Points accumulate (“V Points Multiplier”). The V Points Multiplier maychange from time to time or from user to user, is personal to each user and isdetermined based on how each user interacts with different Activities and may increaseor reduce the amount of any Reward granted or made available in connectionwith the applicable Activity. The V Points Multiplier applicable to eachActivity is unique, may change from time to time, and can be found on therelevant Activity screen.
5.3 Upon satisfying all of therequirements of an Activity, you will be awarded the V Points associated withcompleting that Activity. Your ability to accumulate V Points may be dependenton our ability to: (i) receive confirmation about your Activities from ourthird-party partners that offers the games and/or the other activities in whichyou can participate and earn V Points (“Partners”); and (ii) track youractivity on our Services in order to verify that you have completed Activities,through permissions in your device settings or third party tracking tool.
5.4 Please note that there may be atechnical delay between the time on which a user performs any action in any Activityand the time on which the applicable Partner sends the relevant data to VYBS,which means that V Points awarded in the applicable Activity might show up inyour Account at a later stage and not immediately after you earn them.
5.5 There may be limitations on Activitiesand Rewards, so please be sure to review all applicable policies and termsbefore deciding whether or not you would like to participate (for example, wereserve the right to request receipts of completed purchases prior to or afterthe awarding of V Points to verify with the applicable Partner that suchpurchases are valid and that you did not request a refund or chargeback). Limitationson Activities and Rewards includes, without limitation: (i) your ability toparticipate in certain Activities or the Rewards Program itself; (ii) theallowable frequency of Activities (e.g., once per user, once per month, etc.); (iii)the number of V Points you can earn for a given Activity or during a given timeperiod; (v) the Activities or Rewards available to you; or (vi) the number of VPoints required for redemption of a particular Reward. All information relatedto the methods and any other rules concerning how to obtain V Points (such asthe specific requirements to earn V Points or restrictions related toparticipation in any Activity) will be posted within the App prior to choosing participationin the Activity, or available herein in the Terms.
5.6 By providing Services, we may promoteand advertise Activities (including games) developed or offered by ourPartners. We do not control or take responsibility for such Activities, theiroperation, results, or the content and features provided through them. Thepromotion of any such Activities does not indicate any approval or endorsementby VYBS of any content or material contained within such activities. Wedisclaim all liability for your use or participation in such Activities, andfor any direct, indirect, incidental, special, consequential, punitive,extraordinary, exemplary, or other damages arising from any use orparticipation in such Activities. These limitations shall apply even if VYBS hasbeen advised of the possibility of such damages.
5.7 V Points earned are only redeemablewithin the Rewards Program in which they were earned, and only in the manner(s)made available to you in the App (e.g., by redeeming points for a gift card,coupon, etc.). V Points are not your personal property, and are notdescendible, may not be inherited, bartered, redeemed for cash or sold to anythird party. V Points are promotional only and have no “real value” (i.e.cannot used in the real world). The only way to use V Points is to redeem themfor Rewards through the Rewards Tab in the App. You hereby acknowledge andagree that your ability to redeem the V Points is subject to Partners acceptanceand payment or approval of the Activity. Meaning, in any case the Partners doesnot approve the Activity, you will not receive the V Points. You furtheracknowledge that where you request to redeem the V Points there might be acertain processing fee applied by the Merchant which will be disclosed to youprior to the redemption. For example, where you wish to redeem your V Points for cash gift card reward you maybe subject to transfer fees (usually, up to 2% of the total value).
5.8 While VYBS may use terms like"buy", "purchase", "earn", "currency",“$”, “Dollar” etc. to reference V Points, such terms are being used forconvenience purposes only and they do not indicate that VYBS is offering anyreal-world currency. Regardless of whether they are expressed as points ordollar amounts, V Points have no cash, monetary, or other value and are onlyredeemable for Gift Cards or other prizes or redemption methods as may beoffered by the Rewards from time to time.
5.9 Unless otherwise provided by VYBS withrespect to any specific promotion, activity, etc., you may redeem V Points forRewards with an aggregate value of up to US$ 550 (or the equivalentinglocal currency) per calendar year. If you earn any Points exceeding the550$ limit, you will be able to use such points in the following calendar year.ANY V POINTS THAT HAVE NOT BEEN REDEEMED FOR ONE (1) YEAR FROM THE TIME SUCH VPOINTS WERE EARNED MAY BE DEEMED EXPIRED AND RETAINED BY VYBS. WE MAY MODIFYOUR V POINTS EXPIRATION RULES AND POLICIES FROM TIME TO TIME, BY PROVIDINGWRITTEN NOTICE THROUGH THE APP, AND IF YOUR V POINTS EXPIRE PURSUANT TO SUCHTHEN-CURRENT RULES OR POLICIES, WE MAY REMOVE AND RETAIN SUCH V POINTS FROMYOUR ACCOUNT, WITHOUT ANY COMPENSATION OR FURTHER OBLIGATION TO YOU REGARDINGTHE EXPIRED V POINTS.
5.10 V Points created by the use of a paidpoint booster by fraudulent or automated means (including, without limitation,use of scripts, web-crawlers, bots, or unconfirmed/non-commissioned purchases)will have no value and are not eligible for any award, reward regardless of themeans used to accrue the V Points. V Points and Rewards are non-transferableand are void if a transfer is attempted. V Points and/or Rewards may notbe bartered or sold. V Points and/or the Accounts are not transferable upondeath or as part of a domestic relations matter or otherwise by operation oflaw.
5.11 You acknowledge and agree that we donot have the ability to determine whether or not the V Points you redeem (as GiftCards) through your Account are considered reportable taxable earnings in yourjurisdiction. You are therefore responsible for any and all tax liabilityarising from, or associated with, your use of the Services, including liabilityarising from your accrual of Rewards or your redemption of V Points. As acondition of your continued use of the Services, we reserve the right torequire you to provide necessary tax reporting information if our records showthat you are, or may be, required to report the value of cash rewards to anappropriate tax authority. You will find your full Rewards history is availableto you in your Account. We encourage you, as it is your responsibility, to seekadvice of a tax expert to determine the tax consequences of your use of theService, and any associated cash rewards earned or redeemed.
5.12 Subject to applicable laws, we reservethe right to change, suspend, or cancel all or a portion of a Rewards Programat any time and without prior notice, including any points you may haveaccrued, its value, redemption options, or eligibility criteria, and for aduration to be determined in our sole and absolute discretion.
6. OTHER PROMOTIONS
6.1 VYBSmay from time to time, at its sole discretion, run promotions, sweepstakes, spinthe wheel, referral programs or other activities (collectively, “Promotions”),including, offering bonus V Points, limited-time offers related to in-gameactivities (such as reaching certain gameplay milestones), or other incentivesfor actions performed by users.
6.2 CertainPromotions may be available in specific jurisdictions only for regulatory orother reasons (e.g., sweepstakes are offered where applicable laws permit them),including at VYBS’ sole discretion. Each such Promotion (and the V Pointsearned through Promotions) may be subject to specific terms and conditions whichwill apply in addition to these Terms, and will be presented to you, posted onour App or Website (“Promotion Terms”). It is your responsibility toread and comply with the Promotion Terms.
6.3 VYBSmay offer referral programs (as a Promotion) in certain locations. Participantsin our referral programs will receive a unique referral link that can be sharedwith invitees to sign up to VYBS App. In such case, the participants are solelyresponsible for obtaining the necessary legal authorization and rights to sharesuch referral link with their invitees. Once an invitee successfully creates anAccount and reaches acertain required gameplay progress, the referring user will be rewardedwith bonus V Points in accordance with the program description and terms.
7. RESTRICTIONSOF USE
7.1 Youagree to use the App and Service only for purposes that are permitted by theseTerms and any applicable law, regulation or generally accepted practices orguidelines in the relevant jurisdictions (including any laws regarding theexport of data or software to and from the United States or other relevantcountries). Subject to your compliance with these Terms, VYBS hereby grants youa limited, terminable, non-transferable, personal, non-exclusive license toaccess and use the App and Services solely as provided herein.
7.2 Youmay not: (i) copy, modify or create derivative works based on the App, Website orthe Services; (ii) distribute, transfer, sublicense, lease, lend or rent the App,Website or Services to any third party; (iii) reverse engineer, decompile ordisassemble the App, Website or the Services; (iv) use the App, Services or theWebsite in such a way that might be probe, scan, or test the vulnerability of any system or network orbreach or circumvent any security or authentication measures, access or searchor attempt to use, exploit, access or search the Services by any means(automated or otherwise, including without limitations through the usage of anybots or similar programs); (v) interfere with, or disrupt (or attempt to doso), the Services or the access of any user, host or network, to the App, Servicesand/or the Website; (vi) send any unsolicited or unauthorized advertising,promotional materials, email, whatsapp, sms, junk mail, spam, chain letters orother form of solicitation; (vii) use the App, Services and/or the Website, orany portion thereof, for any commercial purpose or for the benefit of any thirdparty or in any manner not specifically permitted by these Terms.
7.3 Withoutderogating from the generality of the above, you may not engage in orparticipate in any behavior or conduct that may be deemed to be, in VYBS’ soleand absolute discretion, as unfair methods of participation, including withoutlimitations, by opening or using multiple Accounts, using temporary phonenumbers or rooted phones, buying or selling Accounts or granting other thirdparties (or receiving from other third parties) access to an Account, using anysoftware not specifically approved by VYBS to enhance or assist your use of theServices, intentionally poor or otherwise not honest play in order to achieve acompetitive advantage. Additionally, any actions intended to gain an unfairadvantage are strictly prohibited (such as dishonest gameplay, memoryinstrumentation, game hacking tools, game modifications, automation tools,auto-clickers, data editing, emulators, VPNs, proxy software, GPS spoofing, orcolluding with other users).
7.4 AnyAccount or user that appears to operate in violation of these Terms or criminallaws may be reported to the relevant authorities for fraudulent activity. Insuch cases, VYBS may also investigate and take action, including but notlimited to cancelling V Points, suspending access to the Services or to VPoints or Rewards, or permanently blocking an Account (subject to prior noticeif required under applicable law). Such Account(s) shall revert to or becomethe sole property of VYBS, including but not limited to any virtual currency orany points, prizes, awards or credits, regardless of monetary value, except tothe extent prohibited by applicable law.
8. MODIFICATIONSTO THE APP
VYBS, at its solediscretion, and subject to these Terms, is entitled to determine the features,settings, or other tools which are available as a part of the App and Services(including the Reward Programs, V Points, or type of Activities), or modify, correct,amend, update, upgrade, enhance, improve, remove, replace or make any otherchanges to, or discontinue, or cease, temporarily or permanently, any featuresor functionalities of the App and Services, with or without notice, withoutincurring any liability to you.
9. INTELLECTUALPROPERTY
9.1 Except as expressly stated under theseTerms, we or our licensor reserve all rights (including, without limitation,all intellectual property rights) in and to the Apps, Website, andServices, including trademarks, images, service marks, components, code,protocols, graphic design, software and documentation as well as anyderivatives thereof or improvements and modifications, which shall at all timesremain our property or the property of our licensors. VYBS owns copyright inthe selection, coordination, arrangement, and enhancement of any such content,as well as in the content original to it. You may not use, delete, alter, orremove any copyright, trademark, or other proprietary rights notice placed inthe Apps, Website, and Services.
9.2 Except if expressly permitted by applicablelaw, no copying, reproduction, modification, public communication, assignment,redistribution, retransmission, publication, or commercial exploitation ofdownloaded material will be permitted without the express permission of VYBSand the copyright owner (if different from VYBS).
9.3 By submitting any feedback to VYBS (e.g.,questions, comments, suggestions or the like) (“Feedback”), yourepresent and warrant that (i) you have the right to submit such Feedback, (ii)such Feedback does not violate the rights of any third-party, and (iii) suchFeedback does not contain confidential or proprietary information of any third-party.You hereby grant VYBS an irrevocable, unlimited, non-exclusive, royalty-free,perpetual, worldwide license to use, modify, create derivative works, publish,distribute or sublicense such Feedback, and hereby irrevocably waive any claimsof any moral rights that you may have in respect thereto. VYBS may use theFeedback at its sole discretion, including without limitation, for commercialuse.
9.4 We respect the intellectual propertyrights of others and ask that you do, as well. We respond to notices of allegedcopyright infringement that comply with the US Digital Millennium Copyright Act(“DMCA”) and similar or equivalent other local laws that may apply. Wereserve the right to terminate any user’s access to the Services if wedetermine that the user is a “repeat infringer.” We do not have to notify theuser before we do this.
10. DISCLAIMEROF WARRANTIES
10.1 VYBS is not responsible for anyimproper fulfillment or non-fulfillment of any obligations by any Partner or byany other third-party. Please contact the relevant Partner or third-party ifyou encounter any problems with the activities offered hereunder. VYBS is notaffiliated with or endorsed by any Partner or any other third-party (includingby any provider of Rewards). Similarly, VYBS is not responsible for any lost,stolen, or malfunctioning Rewards, except to the extent caused by the proven grossnegligence or willful misconduct of VYBS.
10.2 You may not use our Services if youare: (i) located in a country that is subject to embargo by the U.S. or othersimilar authority (“Sanctioned Country”), or (ii) subject to sanctionsor otherwise designated on any list of prohibited or restricted parties,including but not limited to the lists maintained by the United NationsSecurity Council, the U.S. Government (e.g., the Specially Designated NationalsList and Foreign Sanctions Evaders List of the U.S. Department of Treasury),the European Union or its Member States or other applicable governmentauthority. Any violation of this Section may result in loss of features, up toand including termination of user’s Account and forfeiture of all accumulated VPoints. User will indemnify VYBS for any costs, fines or damages incurred byVYBS due to user's failure to comply with this Section.
10.3 VYBS is not liable for any delay orfailure to perform under these Terms resulting from causes genuinely beyondVYBS’ reasonable control, such as acts of God, war, government mandates,pandemics, failure of transportation, or communication.
10.4 THE SERVICES ARE PROVIDED TO YOU ON AN“AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND DEFECTS, WHETHER KNOWN ORUNKNOWN, WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BYAPPLICABLE LAW, VYBS (ON ITS OWN BEHALF AND ON BEHALF OF EACH OF ITSAFFILIATES) EXPRESSLY DISCLAIMS (AND YOU HEREBY WAIVE) ALL REPRESENTATIONS ANDWARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TOTHE WEBSITE, APPS AND SERVICES , INCLUDING ALL (A) IMPLIED WARRANTIESOF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORYQUALITY, OR NON-INFRINGEMENT, (B) REPRESENTATIONS AND WARRANTIES WITH RESPECTTO THE ACCURACY, COMPLETENESS, AVAILABILITY, TIMELINESS, USEFULNESS, ORRELIABILITY OF THE SERVICES, APPS AND/OR WEBSITE (INCLUDING ANY CONTENTTHEREON), AND (C) REPRESENTATIONS AND WARRANTIES THAT MAY ARISE OUT OF COURSEOF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITINGANY OF THE FOREGOING, VYBS MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND THATTHE SERVICES, APPS AND/OR WEBSITE WILL MEET ANY OF YOUR REQUIREMENTS, ACHIEVEANY RESULT, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, SYSTEM, OR SERVICE,OR ARE UNINTERRUPTED, ACCURATE, FREE OF CONTENT ERRORS, VIRUSES, UNAUTHORIZEDACCESS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICES,SOFTWARE, DATA OR NETWORKS. VYBS WILL NOT HAVE ANY RESPONSIBILITY OR LIABILITYIN CONNECTION WITH ANY VIRUS, HARMFUL CODE, UNAUTHORIZED ACCESS, OR THIRD-PARTYMATERIAL (INCLUDING ANY ACTIVITIES). You are responsible for implementingsufficient procedures and controls to satisfy your particular securityrequirements.
11. LIMITATIONOF LIABILITY
EXCEPT AS REQUIRED BY LAW, IN NO EVENTWILL VYBS, ANY OF ITS AFFILIATES, OR ANY OF THE RESPECTIVE LICENSORS, SERVICEPROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS OF ANY OF THE FOREGOING BERESPONSIBLE OR LIABLE FOR ANY KIND OF DAMAGES ARISING OUT OF OR IN CONNECTIONWITH YOUR USE, OR INABILITY TO USE, THE SERVICES, APPS AND/OR WEBSITE, ACCESS ANYREWARDS, OR ANY THIRD PARTY SERVICES. DAMAGES UNDER THIS LIMITATION OFLIABILITY INCLUDE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY(INCLUDING DEATH OR EPILEPTIC SEIZURE TRIGGERED BY AN ADVERTISEMENT OF OURSERVICES), PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OFPROFITS, LOSS OF BUSINESS OR AN ANTICIPATED SAVINGS, LOSS OF USE, LOSS OFGOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) BREACHOF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. USER FURTHER AGREES THAT VYBS,ANY OF ITS AFFILIATES, OR ANY OF THE RESPECTIVE LICENSORS, SERVICE PROVIDERS,EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS OF ANY OF THE FOREGOING SHALL NOT BELIABLE TO USER NOR TO ANY THIRD PARTY FOR ANY TERMINATION OF USER ACCESS TO THESERVICES, APPS AND/OR WEBSITE OR DELETION OF USER DATA. THE FOREGOING DOES NOTAFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW(INCLUDING CONSUMER PROTECTION LAW). UNDER NO CIRCUMSTANCE SHALL VYBS’ MAXIMUMLIABILITY IN CONNECTION WITH THESE TERMS IN THE AGGREGATE EXCEED THE GREATEROF: (A) THE AMOUNT ACTUALLY PAID BY YOU SPECIFICALLY FOR THE SERVICES; AND (B)$100.00. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY AND,SOLELY TO THE EXTENT NOT SO ALLOWED, SOME OR ALL OF THE ABOVE LIMITATIONS OFLIABILITY MAY NOT APPLY TO YOU. You acknowledge and agree that the aboveexclusions and limitations of liability are reasonable in accordance with eachof your and VYBS’ obligations and level of risk under these Terms. Thelimitation of liability does not apply to liability resulting from our grossnegligence or willful misconduct.
12. INDEMNIFICATION
You agree to defend, indemnifyand hold harmless VYBS and its affiliates, and their respective shareholders,officers, directors, employees, advisors, service providers, agents and otherrepresentatives, from and against any claims, disputes, demands, liabilities,damages, losses, and costs and expenses (including reasonable attorney’s fees) arising out or in connection with (i)your access to or use (or your inability to use) of any of the Services, Appsand/or Website including without limitation any abuse or wrongful use of theabove, (ii) your infringement of any third-party rights including withoutlimitation any intellectual property rights, data protection and privacy rightsor consumer rights, or (iii) your violation of these Terms or any applicablelaws and regulations.
13. TERM,SUSPENSION AND TERMINATION
13.1 You may terminate these Terms and youruse of the Services at any time. If you wish to terminate your use of theServices, you may do so by simply stopping the use of the Services, deletingyour Account, and uninstall the App.
13.2 VYBS reserves the right to temporarilysuspend or permanently terminate these Terms and your Account if: (i) we arerequired to do so to comply with a legal requirement (e.g. U.S. sanctions laws)or a court order; (ii) we believe with reason that there has been conduct thatcreates (or could create) liability or harm to VYBS or its affiliates, anyother user or third-party; (iii) you materially or repeatedly breach theseTerms; or (iv) we wind down or cease making the Services available.
13.3 If we cease providing the Services, wewill notify you by email or through the App, and if practicable, we willprovide you at least thirty (30) day notice to make a redemption request (subjectto any minimum redemption amount or other applicable requirement). If you donot make a redemption request within such thirty (30) day period, your entire VPoints balance will expire. If you cancel or inactivate your Account, any then-currentlyexisting V Points will automatically expire upon cancellation or inactivation.It is your responsibility to make a redemption request (subject to any minimumredemption amount or other applicable requirement) before cancellation orinactivation.
13.4 In addition, we reserve the right to,with or without notice, terminate Inactive Accounts. An Account is deemed “Inactive”when: (i) no V Points have been earned or redeemed; and (ii) there has been noaccess or attempt to access the Services for more than 12-months (together “InactiveAccounts”). If the Inactive Account contains any V Points or Rewards, theywill be retained by VYBS.
13.5 Termination of these Terms by VYBSwill not limit nor restrict VYBS from pursuing any other remedies available toit, including seeking damages or injunctive relief. You acknowledge that youwill not receive money or any other form of compensation for unused V Pointswhen your Account is closed.
14. OURPRIVACY PRACTICES
We respect our users'privacy rights. When you access and use our Services or App, we will collect, store and use certain information regarding you and your use of the Services.We will use and process personal data in accordance with our Privacy Policy, as may be updated from time to time.
15. JURISDICTIONAND GOVERNING LAW
These Terms shall begoverned by and construed in accordance with the laws applicable in Delaware,USA, without regard to its conflict of laws principles. For disputes notsubject to Section 16 (Dispute Resolution by Binding Arbitration), anyactions or claims brought under these Terms shall be brought before thecompetent state or federal courts located in Delaware, USA.
16. DISPUTERESOLUTION BY BINDING ARBITRATION
16.1 These provisions under Section 16 applyto you if you are domiciled in or acquired and use the Services in the USA.
16.2 BY ACCEPTING THE TERMS YOU AND VYBSARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE ANY AND ALL CONTROVERSIES,CLAIMS, AND DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR THEINTERPRETATION, PERFORMANCE, OR BREACH HEREOF, INCLUDING ALLEGED VIOLATIONS OFANY STATE OR FEDERAL STATUTORY OR COMMON LAW RIGHT OR DUTY AND THEDETERMINATION OF THE SCOPE OR APPLICABILITY OF THESE TERMS TO ARBITRATE IN ACOURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVEACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TOCOURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
16.3 ANY CLAIM, DISPUTE OR CONTROVERSY(WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT ORFUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONALTORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM YOUR USEOF THE SITE AND THESE TERMS OF USE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BYBINDING ARBITRATION.
16.4 The arbitration will be by a singlearbitrator administered by the American Arbitration Association (“AAA”)in accordance with the Consumer Arbitration Rules (the “AAA Rules”) thenin effect, except as modified by this Section. The Federal Arbitration Act willgovern the interpretation and enforcement of this section.
16.5 The arbitrator will have exclusiveauthority to resolve any dispute relating to arbitrability or enforceability ofthis arbitration provision, including any unconscionability challenge or anyother challenge that the arbitration provision or these Terms are void,voidable or otherwise invalid. The arbitrator will be empowered to grantwhatever relief would be available in court under law or in equity. Any awardof the arbitrator will be final and binding on you and us and may be entered asa judgment in any court of competent jurisdiction. The arbitrator will havediscretion to include the payment of your or our arbitration costs and legalfees in any award.
16.6 You may elect to pursue your claim insmall claims court rather than arbitration if you provide us with writtennotice (via first class mail to the address set forth below) of your intentionto do so within sixty (60) days after your registration for our Service. Thearbitration or small claims court proceeding will be limited solely to yourindividual dispute or controversy.
16.7 You agree to an arbitration on anindividual basis. In any dispute, NEITHER YOU NOR VYBS WILL BE ENTITLED TO JOINOR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATIONOR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBEROR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may notconsolidate more than one person’s claims and may not otherwise preside overany form of representative or class proceeding. The arbitral tribunal has nopower to consider the enforceability of this class arbitration waiver and anychallenge to the class arbitration waiver may only be raised in a court ofcompetent jurisdiction.
16.8 ANY CAUSE OF ACTION OR CLAIM YOU MAYHAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BECOMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE,SUCH CAUSE OF ACTION OR CLAIM IS AND SHALL BE DEEMED PERMANENTLY BARRED.
16.9 Notwithstanding anything to thecontrary, in addition to any and all remedies available by law, VYBS shall beentitled to seek an injunction or other equitable remedies in all legalproceedings in the event of any threatened or actual violation by you of any ofthese Terms.
16.10These binding arbitration provisionsshall not apply to the extent prohibited by applicable law, and if anyprovision of this Section is found unenforceable in any final, non-appealabledecision by a court of competent jurisdiction, the unenforceable provisionswill be severed and the remaining arbitration terms will be enforced, and anyportion of any claims or actions which may be resolved by arbitration shall beso resolved, subject to all enforceable provisions of this Section.
17. MISCELLANEOUS
17.1 These Terms constitute the entireunderstanding between you and VYBS regarding your use of the Website, Apps andServices. If any part of these Terms is determined to be invalid orunenforceable, such determination shall not affect the remaining provisions,which will remain valid and in full force. You may not assign or transfer anyof your rights under these Terms. VYBS may assign its rights and obligationsunder these Terms to any third-party at its sole and absolute discretion. In noevent shall a failure of VYBS to enforce any rights or to act be deemed awaiver of such rights or of subsequent actions in the event of future breaches.In no event shall VYBS be deemed in breach of these Terms if it is unable toprovide the Services or any part thereof.
17.2 In the event these Terms areterminated, all terms that that by their nature are intended to survivetermination of these Terms shall survive, including but not limited to termsrelated to intellectual property, disclaimer of warranties, limitation ofliability, indemnification, governing law and jurisdiction, and disputeresolution by binding arbitration.
18. CONTACTINFORMATION
You may contact VYBS at: info@vybs.co if you have any questionsor in case you identify any data entry error or would like to withdraw yourconsent to these Terms. In such case, VYBS may request information to confirmyour Account status before closing and deleting your Account.