Terms & Conditions
VYBS Terms of Use
Updated: October 24, 2024
THESE TERMS ARE SUBJECT TO A BINDING ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS, AS DETAILED BELOW. YOU AGREE THAT ANY CLAIM OR DISPUTE AT LAW OR EQUITY THAT HAS ARISEN BETWEEB YOU AND VYBS OR MAY ARISE PURSUANT TO THESE TERMS OR THE USE OF THE SERVICES, WILL BE RESOLVED IN ACCORDANCE WITH THE PROCEDURE BELOW AS DETAILED IN SECTION 10.
​
These terms of use (hereinafter the “Terms”) constitute a legally binding agreement between by VYBS Entertainment Ltd. (“VYBS” “we” “us” or “our”) and yourself (“you”) which govern your access and use of (i) our website and/or any other websites or landing pages (collectively, the “Website”); (ii) our mobile applications available on iOS, Play Store or otherwise through APK or other marketplace available (“Apps”); and (iii) our referral programs, promotions or products we may create or operate from time to time and make available through the App ( “Services”) and VYBS
​
By downloading the Apps or by accessing the Service, or our Website, you are expressly agreeing to be bound by these Terms. You hereby acknowledge that you have read, understood and agree to comply with these Terms and agree to comply with all applicable laws and regulations with respect to your use of the Services, the App and/or the Website. Please do not accept these Terms or access or use the App or Service if you do not agree to comply with and be bound by these Terms. You hereby represent and warrant that: (i) you are legally permitted to enter into and be bound by these Terms; and (ii) you are a human (not bot or AI) and over the age of 18 or are not considered a “child,” “minor” or other similar status under the applicable laws in your jurisdiction. To the extent permitted under applicable law, you hereby waive any rights to require or receive an original (non-electronic) signature or delivery of non-electronic records of these Terms
​
Any additional terms, policies and/or guidelines are hereby incorporated into these Terms by reference. If you do not agree to these Terms or any additional policies you are required to immediately stop to use the Services and/or our Website and uninstall the App.
​
CHANGES TO THESE TERMS: VYBS reserves the right to update and change these Terms at any time at our sole discretion by providing prior written notice through the App (pop notification or otherwise an electronic msg). You can always review the last updated version of these Terms and you are expected to visit these Terms from time to time in order to make sure that you are familiar with the most updated version. Where required by applicable laws, if we materially change these Terms, we will provide you with reasonable advance notice and the opportunity to review and accept the changes, except: (i) when we launch new products or features, or (ii) in urgent situations, such as preventing ongoing abuse or responding to legal requirements.
​
Otherwise, changes are effective immediately when VYBS posts them and apply to all access to and usage of the Services, App and/or the Website thereafter. When feasibly possible, we will provide prior written notice of any changes made to the terms. While your continued use of our Services, App or the Website means that you agree with the applicable changes, we may from time to time ask you to affirmatively accept updates to these Terms if we make material changes. If you do not agree to any new Terms, please stop using the Services, App and/or the Website and close your account.
1. REGISTRATION AND ELIGIBILITY
​
1.1 If you want to use certain features of the Services, you will have to register by creating an account or login via one of the social media platforms that are supported by the Application (e.g., Facebook) or via your Google or Apple account and become a registered user of VYBS. Upon registration, or at any time following registration, at our discretion and subject to applicable laws and regulations, we may request that you provide us with certain personal information, such as name, age, gender and contact details as well as various documents (e.g. government issued ID, utility bills, etc.) as a condition to using the Services or any part thereof (including for example as a condition for withdrawing any amounts from your account). We will use such information only in accordance with our Privacy Policy, located at https://www.vybs.co/privacy-policy.
​
1.2. You are responsible for safeguarding the username and password that you use to access the Services and for any activities or actions under your account. You should not disclose or give any other person access to your username and password and to your account. We will not be liable for any loss or damage arising from your failure to comply with the above requirements. Each User shall only be permitted to create one account and use this one account across all of his/her device.
​
1.3. In addition, you are not allowed to: (i) Create multiple accounts, unless VYBS makes an exception for certain parts of the Services; (ii) Transfer or sell your account to third parties; (iii) Allow your account to be used on behalf of any third party; (iii) Allow any other person to access your account; (iv) Access your account for any purpose other than personal use and not for any business or commercial purpose; (v) Use a VPN, proxy or any other means to obscure the true source of traffic or your location when using the Services; or (vi) Use any element of the Services in a Sanctioned Country (as such term is defined below).
​
1.4 You agree to provide us with accurate, complete, and up-to-date information, particularly your contact details and you are responsible for updating the above information as needed. Please note that we may use your email address that you provided during the registration process in order to send you certain marketing messages and operational or support messages. You are solely responsible to any damage incurred by us or by you as a result of failing to update the above information as required and/or as a result of not updating such information in case any relevant changes. Further, certain Activity (as defined below), such as completing a survey, may have a pre-survey questionnaire to ensure eligibility to respond to the survey. The information provided in the questionnaire and survey must be accurate and compete, otherwise the Partner may disqualify the survey and you will not get the applicable Rewards (as defined below).
​
1.5 In order to comply with our AML and KYC policies as well as with applicable laws, we may require you, at any time during your use of the Services or prior to such usage, to provide additional information and documentation, as part of our ongoing efforts to prevent illegal and fraudulent activities, and/or to comply with any other policies we may elect or be obligated to put in place from time to time.
2. REWARDS PROGRAMS AND PROMOTIONS
​
2.1 VYBS offers reward programs under which you have the opportunity to earn points that are redeemable for Rewards (“Rewards Programs”) subject to your participation in activities, such as playing games, purchasing virtual goods, inviting a friend, completing a survey, etc. allowing you to earn points (“Activity” or collectively “Activities”). Each Reward Program or promotions (such as rebate and cashback promotions) may include additional terms that apply to the Activity or Reward, VYBS may limit your ability to participate in a Rewards Program in its sole and absolute discretion, and may void any points, rewards, or potential rewards you may have earned or accumulated in a Rewards Program, including (without limitation) if you do not comply with these Terms. We reserve the right to change, suspend, or cancel all or a portion of a Rewards Program, including any points you may have accrued, at any time without notice, and for a duration to be determined in our sole and absolute discretion, including (without limitation) indefinite suspension or cancellation.
​
VYBS may promote and advertise Activities (including games) developed and offered by the Partners (as defined below). We do not control or take responsibility for such Activities, their operation, their results, or the content and features provided through them. The promotions of any such Activities do not indicate any approval or endorsement by VYBS of any content or material contained within such activities. We disclaim all liability for your use or Participation in such Activities, and for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary, or other damages arising from any use or participation in such Activities. These limitations shall apply even if VYBS has been advised of the possibility of such damages.
​
2.2 “Rewards” include third party merchant gift cards or cash gift card which enable you to reimburse your PayPal account, Venmo account or Visa account (both shall be defined herein as “Gift Card”), content codes, coupons, game tokens or other rewards, all which are provided by third party merchants and vendors (“Merchant”) and subject to the Reward Program. Rewards are subject to additional terms or rules which are provided by VYBS or the Merchant, as applicable. Certain Reward may have a minimum threshold which will be reflected prior to your choice to redeem.
2.3 “V Points” or “V Earnings”, shall refer to the value earned under the applicable Reward Program in consideration of the Activity. In each case, the value of V Earnings for the purpose of being redeemed for Rewards will be applied against the pre-tax purchase amount, or any other applicable costs.
​
2.4. Points can be earned in a Rewards Program by participating in certain Activities, as described within the App. If you choose to participate and follow the instructions associated with an Activity, upon satisfying all of the requirements of the Activity, you will be awarded the points associated with completing that Activity and once we received confirmation about your Activities from our third party partners that offers the games and/or the other activities in which you can participate and earn points (“Partners”). We further track your activity on our Services in order to verify that you have completed Activities, among others through permissions in your device settings or third party tracking tools. There may be limitations on Activities and Rewards, so please be sure to review all applicable policies and terms before deciding whether or not you would like to participate. For example, we reserve the right to request receipts of completed purchases prior to or after the awarding of points in order to verify with the applicable Partner that such purchases are valid and that you did not request a refund or chargeback. Some of the limitations on Activities and Rewards include, without limitation, our right to change or limit: (1) your ability to participate in certain Activities or the Rewards Program itself; (2) the allowable frequency of Activities; (3) the number of points you can earn for a given Activity; (4) the number of points you can earn during a given time period; or (5) the Activities or Rewards available, or the number of points required for a particular reward. All information related to the methods and any other rules concerning how to obtain V Points (e.g. the maximum number of V Points which may be awarded for each Activity, specific requirements to earn V Points, minimum number of V Points to receive a Reward, restrictions related to participation in Activities or with respect to any Activity itself, etc.) will be posted within the App prior to choosing the Activity, or available herein the Terms.
​
2.5. VYBS may from time to time, at its sole discretion, run additional promotions, sweepstakes, referral programs or other activities (collectively, “Promotions”), offering bonus V Points or other incentives. Each Promotion may be subject to specific terms of use which will apply in addition to these Terms
​
2.6. V Points earned are only redeemable within 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 not descendible, may not be inherited, bartered, redeemed for cash or sold to any third 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 them for Rewards through the Rewards Tab in the App. Users are able to redeem V Points for Rewards in accordance with VYBS’ policies you hereby acknowledge and agree that your ability to redeem the V Points is subject to Partners acceptance and payment or approval of the Activity. Meaning, in any case the Partners do not pay us for a certain the Activity we will not be allowed to provide you with the Reward. You further acknowledge that where you request to redeem the V Points there might be a certain processing fee applied by the Merchant which will be disclosed to you prior to the redemption. For example, where you wish to redeem your V Points for cash gift card reward you may be subject to transfer fees (usually, up to 2% of the total value).
​
Unless otherwise provided by VYBS with respect to any specific promotion, activity, etc., you may redeem V Points for Rewards with an aggregate value of up to US$ 550 (or the equivalenting local currency) per calendar year. If you earn any Points exceeding the 550$ limit, you will be able to use such points in the following calendar year. ANY V EARNINGS THAT HAVE NOT BEEN REDEEMED FOR ONE (1) YEAR FROM THE TIME SUCH BRANDBEE EARNINGS WERE EARNED MAY BE DEEMED EXPIRED AND RETAINED BY VYBS. WE MAY MODIFY OUR V EARNINGS EXPIRATION RULES AND POLICIES FROM TIME TO TIME, BY PROVIDING WRITTEN NOTICE THROUGH THE APP, AND IF YOUR V EARNINGS EXPIRE PURSUANT TO SUCH THEN-CURRENT RULES OR POLICIES, WE MAY REMOVE AND RETAIN SUCH V EARNINGS FROM YOUR ACCOUNT, WITHOUT ANY COMPENSATION OR FURTHER OBLIGATION TO YOU REGARDING THE EXPIRED V EARNINGS.
​
2.7. While VYBS may use terms like "buy", "purchase", "earn", "currency", “$”, “Dollar” etc. to reference V Points, such terms are being used for convenience purposes only and they do not indicate that VYBS is offering any real-world currency. Regardless of whether they are expressed as points or dollar amounts, V Points have no cash, monetary, or other value and are only redeemable for gift cards or other prizes or redemption methods as may be offered by the Rewards from time to time.
​
2.8. Points created by the use of a paid point 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 the means used to accrue the points. Points, Rewards are non transferable and are void if a transfer is attempted. Points and/or rewards may not be bartered or sold. Points and/or the accounts are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.
​
2.9. You acknowledge and agree that we do not have the ability to determine whether or not the V Points you redeem (as merchant gift cards or cash gift cards) through your Account are considered reportable taxable earnings in your jurisdiction. You are therefore responsible for any and all tax liability arising from, or associated with, your use of the Services, including liability arising from your accrual of cash rewards or your redemption of V Points. As a condition of your continued use of the Services, we reserve the right to require you to provide necessary tax reporting information if our records show that you are, or may be, required to report the value of cash rewards to an appropriate tax authority. You will find your full Rewards history is available to you in your Account. We encourage you, as it is your responsibility, to seek advice of a tax expert in order to determine the tax consequences of your use of the Service, and any associated cash rewards earned or redeemed.
2.10. Please note that there may be a technical delay between the time on which a user performs any action in any activity and 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 in your account at a later stage and not immediately after you earn them.
​
2.11 VYBS may from time to time, at its sole discretion, run promotions, sweepstakes, referral programs or other activities (collectively, “Promotions”), offering bonus V Points or other incentives for actions performed by users. Promotions may be available in specific jurisdictions only for regulatory or other reasons including at VYBS’ sole discretion. Each such Promotion may be subject to specific terms of use which will apply in addition to these Terms. Participants in referral programs will receive a unique referral link that can be shared with invitees to sign up to VYBS (in which case such participants are solely responsible for obtaining the necessary legal authorisation and rights to share such referral link with their invitees).
​
2.12 Refunds and Missing Rewards - In the event that VYBS encounters a technical error or other issue resulting in the failure to track or credit one or more of the Activities or associated V Points, we will make commercially reasonable efforts to investigate the matter and attempt to collect the applicable V Points on your behalf from the relevant Partner. However, if such investigation concludes without receipt of payment or confirmation from the Partner, VYBS shall not be obligated to issue the associated Reward or V Points to the User. VYBS may, at its sole discretion, choose to offer partial or goodwill compensation, but is under no obligation to do so. Please note that VYBS does not have the ability to reverse or refund any V Points redeemed to a third-party service (such as PayPal, Venmo, or a Merchant) if the reward is sent to a blocked, suspended, or restricted account. If the User contacts the relevant third-party service and arranges for the refund to be returned to VYBS, we may restore the equivalent V Points to your account upon receipt of the funds. You acknowledge and agree that any reward redemption is conditional upon the Partner’s validation and payment for the completed Activity. In the event the Partner fails to report or fund the activity, VYBS cannot provide the associated reward. VYBS also reserves the right to request proof of Activity completion (e.g., screenshots, purchase receipts, etc.) prior to issuing any Reward or launching a dispute process. However, VYBS does not guarantee that such documentation will be accepted by the Partner or result in successful resolution or payment. Furthermore, we reserve the right to change, suspend, modify, or cancel any Activities, Rewards, or eligibility requirements at any time, with or without prior notice, including during an ongoing Activity. You agree that your sole remedy in the event of missing, delayed, or disputed V Points is to contact our support team. We are committed to providing support in good faith, but make no guarantees regarding outcome or timing of resolution.
3. MODIFICATIONS TO THE APPLICATION
You acknowledge that we may (however, is not obligated to) from time to time issue upgraded versions of the App and may automatically upgrade the version of the App that you are using on your mobile device. Such modification may include modification on the Reward Programs, the V Earning, or type of Activities. You hereby consent to such automatic upgrade and agree that these Terms will apply to such upgrades. It is hereby clarified that different users may have different versions of our App and as such they may have access to different features of the App or the App may perform differently for different users. VYBS reserves the right to withdraw, update, or amend the Services in VYBS’ sole discretion by providing notice (through the App or email, at VYBS sole discretion) and any updated provisions or terms are automatically covered by these Terms. VYBS will not be liable in the event that, for any reason, all or any part of the Services are unavailable at any time or for any period
​
4. PROCESSING OF PERSONAL DATA
​
4.1 The terms “personal data” and “personal information” generally mean any information that directly or indirectly identifies you. By entering into and accepting these Terms and by using the Services or App, you acknowledge that your personal information will be collected, stored and used in accordance with our privacy policy at: https://www.vybs.co/privacy-policy ( “Privacy Policy”).
5. ADDITIONAL OBLIGATIONS AND LIMITATIONS
​
5.1 You agree to use the App and Service only for purposes that are permitted by these Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). Subject to your Compliance with these Terms, VYBS hereby grants you a limited, terminable, non-transferable, personal, non-exclusive license to access and use the App and the other Services solely as provided herein.
​
5.2. You may not: (i) copy, modify or create derivative works based on the App, Website or the Services; (ii) distribute, transfer, sublicense, lease, lend or rent the App, Website or Services to any third party; (iii) reverse engineer, decompile or disassemble the App, Website or the Services; (iv) use the App, Services or the Website in such a way that might be probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures, access or search or attempt to use, exploit, access or search the Services by any means (automated or otherwise, including without limitations through the usage of any bots or similar programs); (v) interfere with, or disrupt (or attempt to do so), the Services or the access of any user, host or network, to the App, Services and/or the Website; (vi) send any unsolicited or unauthorized advertising, promotional materials, email, whatsapp, sms, junk mail, spam, chain letters or other form of solicitation; (vii) use the App, Services and/or the Website, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not specifically permitted by these Terms.
​
5.3 Without derogating from the generality of the above, you may not engage in or participate in any behavior or conduct that may be deemed to be, in VYBS’ sole and absolute discretion, as unfair methods of participation, including without limitations, by opening or using multiple accounts, using temporary phone numbers or rooted phones, buying or selling accounts or granting other third parties (or receiving from other third parties) access to an account, using any software not specifically approved by VYBS to enhance or assist your use of the Services, intentionally poor or otherwise not honest play in order to achieve a competitive advantage Additionally, any actions intended to gain an unfair advantage—such as dishonest gameplay, memory instrumentation, game hacking tools, game modifications, automation tools, auto-clickers, data editing, emulators, VPNs, proxy software, GPS spoofing, or colluding with other users—are strictly prohibited. Any form of fraud or violation of applicable laws or regulations may result in action by VYBS.
​
6. TERM, SUSPENSION AND TERMINATION
​
6.1 These Terms will remain in full force and effect while you use the Services and/or have a VYBS account (“Term”), unless terminated as described below. You may stop using the Services at any time, for any reason, by discontinuing your use of the Services and closing your account.
6.2 VYBS reserves the right to temporarily suspend or permanently terminate these Terms and your account if: (i) we are required 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 that creates (or could create) liability or harm to VYBS or its affiliates, any other user or third party, (iii) you materially or repeatedly breach terms of these Terms; or (iv) we wind down or cease making the Services available.
​
6.3 If we cease providing the Services, we will notify you by email or through the app, and if practicable, we will provide you at least thirty (30) days notice to make a redemption request (subject to any minimum redemption amount for a Reward). If you do not make a redemption request within such thirty (30) day period, your entire V Points balance will expire. If you cancel or inactivate your account, any then currently existing V Points will automatically expire upon cancellation or inactivation. It is your responsibility to make a redemption request (subject to any minimum redemption amount requirement then applicable) before cancellation or inactivation.
​
6.4 In addition, we reserve the right to, with or without notice, terminate any account which has been inactive for a consecutive period of twelve (12) months. An account is deemed inactive when: (i) no V Points have been earned or redeemed for a period of 180-days; or (ii) there has been no access or attempt to access the Services for more then 12-months (collectively “Inactive Accounts”). If the Inactive Account contains any V Points or Rewards, they will be retained by VYBS.
​
6.5 Termination of these Terms by VYBS will not limit nor restrict VYBS from pursuing any other remedies available to it, including seeking damages or injunctive relief. You acknowledge that you will not receive money or any other form of compensation for unused V Points when your account is closed.
​
6.6. Any account or user that appears to operate in violation of these Terms or criminal laws may be reported to the relevant authorities for fraudulent activity. In such case VYBS may also investigate and take action, including but not limited to cancelling V Points, suspending access to the Services and/or to V Points or Rewards, or permanently blocking an account (subject to prior notice if required under applicable law). Such account(s) shall revert to or become the sole property of VYBS, including but not limited to any virtual currency or any points, prizes, awards or credits, regardless of monetary value, except to the extent prohibited by applicable law.
7. INTELLECTUAL PROPERTY
​
7.1 The Services and the Website contain copyrighted material, trademarks, materials protected by authors rights and other proprietary information and all intellectual property rights including all elements comprising the Services and/or the Website (inter alia, texts, images, domain name, trademarks, logos, audio and video files, software, photos, technology, graphic design, etc.) are protected by intellectual and industrial property law and are exclusively owned by VYBS and/or its licensors. All modifications, extensions, scripts and other derivative works of the Services and/or the Website provided or developed by VYBS and/or by any other party are owned exclusively by VYBS or its licensors.
​
7.2 VYBS owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part.
​
7.3 Except if expressly permitted by applicable law, no copying, reproduction, modification, public communication, assignment, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of VYBS and the copyright owner (if different from VYBS). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark notice or copyright notice shall be made.
​
7.4 By submitting any comments or feedback to VYBS (“Feedback”), you represent and warrant that (a) you have the right to submit such Feedback, (b) such Feedback does not violate the rights of any third party, and (c) such Feedback does not contain confidential or proprietary information of any third party. You agree that VYBS is under no obligation of confidentiality, express or implied, with respect to such Feedback and you hereby grant VYBS an irrevocable, unlimited, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, create derivative works, publish, distribute and sublicense such Feedback, and hereby irrevocably waive any claims of any moral rights contained in such Feedback.
7.5 We respect the intellectual property rights of others and ask that you do, as well. We respond to notices of alleged copyright infringement that comply with the US Digital Millennium Copyright Act (“DMCA”), and similar or equivalent other local laws that may apply. We reserve the right to terminate any user’s access to the Services if we determine that the User is a “repeat infringer.” We do not have to notify the user before we do this.
8. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY, INDEMNITY
​
8.1 VYBS is not responsible for any improper fulfillment or non-fulfillment of any obligations by any Partner or by any other third party. Please contact the relevant third party if you encounter any problems with the activities offered hereunder. VYBS is not affiliated with or endorsed by any Partner or any other third party (including by any provider of Rewards). Similarly, VYBS is not responsible for any lost, stolen or malfunctioning Rewards except to the extent caused by the proven gross negligence or wilful misconduct of VYBS.
​
8.2 You may not use VYBS’ Services if you: (i) are located in a country that is subject to embargo by the U.S. or other similar authority (“Sanctioned Country”), or (ii) are subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury), the European Union or its Member States or other applicable government authority. Any violation of this section may result in loss of features, up to and including termination of user’s account and forfeiture of all accumulated V Points. User will indemnify VYBS for any costs, fines or damages incurred by VYBS due to user's failure to comply with this paragraph.
​
8.3 VYBS is not liable for any delay or failure to perform under these Terms resulting from causes genuinely beyond VYBS’ reasonable control, such as acts of God, war, government mandates, pandemics, failure of transportation, or communication.
​
8.4 THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND DEFECTS, WHETHER KNOWN OR UNKNOWN, WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VYBS (ON ITS OWN BEHALF AND ON BEHALF OF EACH OF ITS AFFILIATES) EXPRESSLY DISCLAIMS (AND YOU HEREBY WAIVE) ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, OR NON-INFRINGEMENT, (B) REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE ACCURACY, COMPLETENESS, AVAILABILITY, TIMELINESS, USEFULNESS, OR RELIABILITY OF THE SERVICES AND/OR WEBSITE (INCLUDING ANY CONTENT THEREON), AND (C) REPRESENTATIONS AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING ANY OF THE FOREGOING, VYBS MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND THAT THE SERVICE AND/OR THE WEBSITE WILL MEET ANY OF YOUR REQUIREMENTS, ACHIEVE ANY RESULT, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, SYSTEM, OR SERVICE, OR ARE UNINTERRUPTED, ACCURATE, FREE OF CONTENT ERRORS, VIRUSES, UNAUTHORIZED ACCESS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICES, SOFTWARE, DATA OR NETWORKS. VYBS WILL NOT HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH ANY VIRUS, HARMFUL CODE, UNAUTHORIZED ACCESS, OR THIRD-PARTY MATERIAL (INCLUDING ANY ACTIVITIES). You are responsible for implementing sufficient procedures and controls to satisfy your particular security requirements.
​
8.5 EXCEPT AS REQUIRED BY LAW, IN NO EVENT WILL VYBS, ANY OF ITS AFFILIATES, OR ANY OF THE RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS OF ANY OF THE FOREGOING BE RESPONSIBLE OR LIABLE FOR ANY KIND OF DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES AND/OR THE WEBSITE, ACCESS ANY REWARDS, OR ANY THIRD PARTY SERVICES. DAMAGES UNDER THIS LIMITATION OF LIABILITY 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 OUR SERVICES), PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR AN ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) BREACH OF 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 BE LIABLE TO USER NOR TO ANY THIRD PARTY FOR ANY TERMINATION OF USER ACCESS TO THE SERVICES AND/OR THE WEBSITE OR DELETION OF USER DATA. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (INCLUDING CONSUMER PROTECTION LAW). UNDER NO CIRCUMSTANCE SHALL VYBS’ MAXIMUM LIABILITY IN CONNECTION WITH THESE TERMS IN THE AGGREGATE EXCEED THE GREATER OF: (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 OF LIABILITY MAY NOT APPLY TO YOU. You acknowledge and agree that the above exclusions and limitations of liability are reasonable in accordance with each of your and VYBS’ obligations and level of risk under these Terms. The limitation of liability does not apply to liability resulting from our gross negligence or wilful misconduct.
​
8.6 You will indemnify and hold harmless VYBS and its affiliates, and their respective shareholders, officers, directors, employees, advisors, service providers, agents and other representatives (collectively, the “VYBS Parties”), from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use (or your inability to use) of any of the Services and/or Website including without limitations any abuse or wrongful use of the above, (ii) your infringement of any third party rights including without limitations any intellectual property rights, data protection and privacy rights or consumer rights, (iii) your communications with other users or any other engagements between you and any users including without limitations any promotions, games or other activities you have participated in and/or the outcome of such activities, or (iv) your violation of these Terms or any applicable laws and regulations.
​
8.7 This Section 9 VYBS’ part apply also to VYBS’ affiliates, officers, directors, employees and agents. The terms in this Section 9 shall apply to the fullest extent permissible under local laws.
9. GOVERNING LAW AND LANGUAGE
​
9.1 These Terms shall be governed by and construed in accordance with the laws applicable in Delaware, USA, without regard to its conflict of laws principles.
​
9.2 For disputes not subject to Section 10 (Dispute Resolution by Binding Arbitration), any actions or claims brought under these Terms shall be brought before the competent state or federal courts located in Delaware, USA.
10. DISPUTE RESOLUTION BY BINDING ARBITRATION
​
10.1 These provisions under Section 10 apply to you if you are domiciled in and/or acquired and use the Services in the U.S.A.
10.2 BY ACCEPTING THE TERMS YOU AND VYBS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE ANY AND ALL CONTROVERSIES, CLAIMS, AND DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR THE INTERPRETATION, PERFORMANCE, OR BREACH HEREOF, INCLUDING ALLEGED VIOLATIONS OF ANY STATE OR FEDERAL STATUTORY OR COMMON LAW RIGHT OR DUTY AND THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THESE TERMS TO ARBITRATE IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
​
10.3 ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM YOUR USE OF THE SITE AND THESE TERMS OF USE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
​
10.4 The arbitration will be by a single arbitrator administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
​
10.5 The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or these Terms are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on you and us and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will have discretion to include the payment of your or our arbitration costs and legal fees in any award.
​
10.6 You may elect to pursue your claim in small claims court rather than arbitration if you provide us with written notice (via first class mail to the address set forth below) of your intention to do so within sixty (60) days after your registration for our Service. The arbitration or small claims court proceeding will be limited solely to your individual dispute or controversy.
​
10.7 You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR VYBS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
10.8 ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS AND SHALL BE DEEMED PERMANENTLY BARRED.
​
10.9 Notwithstanding anything to the contrary, in addition to any and all remedies available at law, VYBS shall be entitled to seek an injunction or other equitable remedies in all legal proceedings in the event of any threatened or actual violation by you of any of these Terms.
​
10.10 These binding arbitration provisions shall not apply to the extent prohibited by applicable law, and if any provision of this Section is found unenforceable in any final, non-appealable decision by a court of competent jurisdiction, the unenforceable provisions will be severed and the remaining arbitration terms will be enforced, and any portion of any claims or actions which may be resolved by arbitration shall be so resolved, subject to all enforceable provisions of this Section.
11. MISCELLANEOUS
​
11.1 When you access or use the Services, provide your e-mail address to one of our representatives, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
​
11.2 If one or more of the provisions of these Terms is held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, then the validity, legality, and enforceability of the remaining provisions of these Terms shall be unaffected.
​
11.3 Any failure to require or enforce your performance of any specific term of these Terms or the non-exercise of any right under these Terms shall not be considered a waiver of the right to rely on that provision of these Terms in any other instance.
​
11.4 These Terms constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written, electronic, or oral communications, representations, agreements, or understandings between the parties with respect thereto. The headings in these Terms have been inserted solely for ease of reference and shall not modify, in any manner whatsoever, the meaning or scope of the provisions hereof.
​
11.5 VYBS may assign or delegate the agreement between us, as well as any of its rights and/or obligations hereunder, in whole or in part, to any person or entity at any time with or without your consent by notifying you of such assignment of delegation. You may not assign or delegate the agreement between us and/or any rights or obligations hereunder without VYBS’ prior written consent, which VYBS may withhold at its sole and absolute discretion and any unauthorized assignment and delegation by you is void and ineffective.
​
11.6 You may contact VYBS at Support@vybs.co in case you identify any data entry error or would like to withdraw your consent to these Terms. In such case, VYBS may request information to confirm your account status before closing and deleting your account.
​
11.7 In the event these Terms are terminated, all terms that that by their nature are intended to survive termination of these Terms shall survive, including but not limited to terms related to intellectual property, warranty disclaimer, limitation of liability, and indemnity, governing law and jurisdiction, and dispute resolution by binding arbitration.
​
