Terms of Service

Vybes
Last Updated: 5 February 2018
 
PLEASE READ THIS DOCUMENT CAREFULLY

Suptheapp Pte. Ltd. ("Suptheapp Pte. Ltd.," "we," or "us") operates the Vybes mobile app and related website ("Vybes"). By using Vybes in any way, you accept these Terms of Service ("Agreement"). If you do not wish to be bound by this Agreement, do not use Vybes.

CONTENTS

1. Who May Use Vybes
2. License to Use Vybes
3. Privacy
4. Registration
5. Term and Termination; Account Deletion
6. Disclaimers; Limitation of Liability
7. Code of Conduct; Prohibited Activities
8. Content Restrictions
9. Licenses Granted by You
10. Fees and payments
11. Vybes is a venue
12. Your Representations and Warranties
13. Indemnification
14. Third Party Copyrights and Other Rights
15. Severability
16. Governing Law
17. General Provisions


 
1. WHO MAY USE VYBES
 

You must be at least 13 years old to use Vybes. Use is void where prohibited.
 

By using Vybes, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you use Vybes, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. If you are younger than 18 years old or the relevant “age of majority” where you live, you must get permission from a parent or legal guardian to open an account and that parent or legal guardian must agree to these terms of service.


 
2. LICENSE TO USE VYBES
 

Suptheapp Pte. Ltd. grants you a limited, non-exclusive license to access and use Vybes for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else. Except as expressly permitted by Suptheapp Pte. Ltd. in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble Vybes. Nor will you take any measures to interfere with or damage Vybes. All rights not expressly granted by Suptheapp Pte. Ltd. are reserved.


 
3. PRIVACY
 

Your privacy is very important to us. To better protect your rights we have provided the Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how Vybes collects and uses the information associated with your Account and/or your use of Vybes. By using Vybes or agreeing to these Terms of Service, you consent to Suptheapp Pte. Ltd.'s collection, use, disclosure and/or processing of your Content and personal data as described in the Privacy Policy.
 

Users in possession of another user’s personal data (the “Receiving Party”) must (i) comply with all applicable personal data protection laws; (ii) allow the other user (the “Disclosing Party”) to remove him/herself from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party.


 
4. REGISTRATION
 

To use Vybes, you must register an account your Facebook login, meaning you are authorizing us to access certain information in your Facebook account, including information about Facebook friends you might share in common with other Vybes users. By allowing us to access your Facebook account, you expressly acknowledge and agree that we may obtain and share your name and a profile picture, as well as the name and profile picture of your Facebook friends who are common Facebook friends with other Vybes users in your network or geolocation. Please take precautions to protect your password and contact us at info@getvybes.co if you believe an unauthorized person has accessed your account.


 
5. TERM AND TERMINATION; ACCOUNT DELETION
 

This Agreement begins on the date you first use Vybes and continues until terminated in accordance with the provisions hereof. Suptheapp Pte. Ltd. may suspend, disable, or delete your account (or any part thereof) if Suptheapp Pte. Ltd. determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Suptheapp Pte. Ltd.'s reputation or goodwill. If Suptheapp Pte. Ltd. deletes your account for the foregoing reasons; you may not re-register under a different name. Upon termination, all licenses granted by Suptheapp Pte. Ltd. will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. Suptheapp Pte. Ltd. shall not be responsible for the loss of such content.


 
6. DISCLAIMERS; LIMITATION OF LIABILITY
 

(A) You are solely responsible for your interactions with other Vybes users. You understand that Suptheapp Pte. Ltd. currently does not conduct criminal background checks on its users. Suptheapp Pte. Ltd. also does not inquire into the backgrounds of all of its users or attempt to verify the statements of its users. Suptheapp Pte. Ltd. Makes no representations or warranties as to the conduct of users or their compatibility with any current or future user. Suptheapp Pte. Ltd. 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.
 

(B) In no event shall Suptheapp Pte. Ltd. be liable for any damages whatsoever, whether direct, indirect, general, special, emeplary, 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, bodily injury, death, emotional distress, and/or any other damages resulting from communications or meetings with other users of the Vybes service or persons you meet through Vybes. You agree to take reasonable precautions in all interactions with other users of the service, particularly if you decide to meet offline or in person.
 

(c) Suptheapp Pte. Ltd. reserves the right to modify Vybes. You are responsible for providing your own access to Vybes. Suptheapp Pte. Ltd. has no obligation to screen or monitor any content and does not guarantee that any content available on Vybes complies with this Agreement or is suitable for all users.
 

(d) Suptheapp Pte. Ltd. provides Vybes on an "as is" and "as available" basis. You therefore use Vybes at your own risk. Suptheapp Pte. Ltd. expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Suptheapp Pte. Ltd. makes no representations or warranties:
 

· That Vybes will be permitted in your jurisdiction;
· That Vybes will be uninterrupted or error-free;
· Concerning any content submitted by any user;
· Concerning any third party's use of content that you submit;
· That any content you submit will be made available on Vybes or will be stored by Suptheapp Pte. Ltd.;
· That Suptheapp Pte. Ltd. will continue to support any particular feature of Vybes;
· Concerning sites and resources outside of Vybes, even if linked to from Vybes. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used Vybes, and no warranties shall apply after such period.
 


 
7. CODE OF CONDUCT; PROHIBITED ACTIVITIES
 

In using Vybes, you must behave in a civil and respectful manner at all times. Further, you will not: harass or stalk any other person; harm or exploit minors;
act in a deceptive manner by, among other things, impersonating any person; collect information about others.
 

You will not express or imply that any statements you make are endorsed by Suptheapp Pte. Ltd. without our specific prior written consent.
 

You will not distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
 

You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights. You will not interfere with or disrupt the services or the site or the servers or networks connected to the services or the site.
 

You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
 

Suptheapp Pte. Ltd. has the right, but not the obligation, to monitor all conduct on and content submitted to Vybes.


 
8. CONTENT RESTRICTIONS
 

You are solely responsible for the content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
 

You will not post on the service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
 

You will not provide inaccurate, misleading or false information to Suptheapp Pte. Ltd. or to any other user. If information provided to Suptheapp Pte. Ltd., or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.
 

The following is a partial list of content you may not upload, post, or transmit (collectively, "submit"): is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18; contains sexually explicit content; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.).
 

Your use of the Service, including but not limited to the content you post on the service, must be in accordance with any and all applicable laws and regulations.
 

You may not include in your user profile any telephone numbers, street addresses, URLs or email addresses.


 
9. LICENSES GRANTED BY YOU
 

You grant Suptheapp Pte. Ltd. and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so called "moral rights" in your content. You further grant all users of Vybes permission to view your content for their personal, non-commercial purposes. If you make suggestions to Suptheapp Pte. Ltd. on improving or adding new features to Vybes, Suptheapp Pte. Ltd. shall have the right to use your suggestions without any compensation to you.


 
10. FEES AND PAYMENTS
 

Depending on the type and/or number of products or services you choose to urchase and any additional services you may request, you may be charged subscription fees, or charged for the products or services you may purchase.
 

You may pay using a credit card, debit card, cheque or by way of telegraphic or other electronic means of transfer.
 

You acknowledge and agree that:
 

in the event of a subscription or recurring payment, you shall ensure that all payments are made and cleared by your bank before each monthly and/or annual recurring payment is due. For payments by credit card, your credit card account must be in good standing and remain valid for the monthly/annual charge(s) to be debited successfully. In the event of an unsuccessful payment, your subscriptions will automatically be suspended and/or terminated if payments are not received within ten (10) days from due date;
 

If your credit card has expired, or if you wish to use a different credit card, please notify us promptly by sending an email to info@getvybes.co at least 14 days before your next subscription fee payment is due. Please indicate “Expiry/Change of CC details” at the subject header;
 

all subscription fees, listing fees and/or other fees and charges paid by you to us with respect to your Account or otherwise for your access to and use of the Services, are non-refundable. For the avoidance of doubt, there will be no refunds in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms;
 

You shall make prompt payment of all Vybes fees, in full before the due date stipulated by Suptheapp Pte. Ltd. for such payment (where applicable) and in accordance with our payment instructions. In the event of late payment or non-payment of amounts due to Suptheapp Pte. Ltd., without prejudice to any other rights or remedies available to us, Suptheapp Pte. Ltd. shall be entitled to: (i) terminate and/or suspend your Account and/or your access to Vybes; and/or (ii) charge you a late payment fee on the overdue amount at the rate of 1.5% per month, or, if lower, the maximum rate allowed by applicable law. You shall pay such fees together with the overdue fes and any legal fees and collection costs incurred by Suptheapp Pte. Ltd. in collecting any past due amounts. This fee will be applied on the day after the payment due date and will applied each month until the overdue amount is paid;
 

in the event your Account is suspended or terminated for any reason any amounts due on your Account will immediately become due and payable. Suptheapp Pte. Ltd. reserves the right to immediately charge any amounts you have not previously disputed to the billing method that you are using and shall be entitled to terminate your Account, without prejudice to any other rights or remedies available to us; and

you are responsible for collecting and paying any taxes associated with using and making sales through Vybes. Depending on the tax legislation of your country of residence, goods and services tax or similar consumption tax might apply in addition to your fees.


 
11. VYBES IS A VENUE
 

Vybes provides a venue for users to interact with each other, and to buy and sell products and services. Vybes does not pre-screen a user or the Content provided by a user, nor is Vybes directly involved in transactions between users. Consequently, Vybes has no control over, and you agree that Vybes is not responsible or liable for, any of the following:
 

The quality, safety, morality or legality of any aspect of the items listed.
 

The truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.
 

The true identity, age, nationality, or sense of humour of a user.
 

Any Content posted by users.
 

You are encouraged to use the features and functions available on Vybesto communicate with other users and/or to find out more about an item which a user has put up for sale. However, please exercise common sense and good judgment in your interactions with other users. While Suptheapp Pte. Ltd. endeavours to keep the Vybes safe for everyone, your use of the Vybes and your interactions with other users is entirely at your own risk.
 


 
12. YOUR REPRESENTATIONS AND WARRANTIES
 

For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Suptheapp Pte. Ltd. and grant the licenses set forth above; (ii) Suptheapp Pte. Ltd. will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.


 
13. INDEMINIFICATION
 

You will indemnify, defend, and hold harmless Suptheapp Pte. Ltd. and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on Vybes; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Vybes violates any law or infringes any third party right, including any intellectual property or privacy right.


 
14. THIRD PARTY COPYRIGHTS AND OTHER RIGHTS COPYRIGHT POLICY
 

Suptheapp Pte. Ltd. respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to Vybes do not infringe any third party copyright.
 

If you believe that your work (as included on the Services) has been copied, displayed, or distributed in a way that constitutes copyright infringement, please notify our Copyright Agent.
 

A notification of claimed infringement must be a written communication as set forth below, and must include substantially all of the following: (a) a physical or electronic signature of a person authorised to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on Vybes; (d) information sufficient to permit Suptheapp Pte. Ltd. to contact you, such as your physical address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorised by the copyright owner, its agent, or the law; (f) a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorised to act on the copyright owner's behalf.
 

The Vybes Copyright Agent can be reached by email: info@getvybes.co.
 

The Copyright Agent will only respond to any claims involving alleged copyright infringement.
 


 
15. SEVERABILITY
 

If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.


 
16. GOVERNING LAW
 

These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Singapore without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these Terms of Service against or relating to Suptheapp Pte. Ltd. or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English.


 
17. RESTRICTION ON USE OF VISUAL CONTENT
 

YOU MAY NOT:
 

(A) Use Visual Content other than as expressly provided by the license you purchased with respect to such Visual Content.
 

(B) Portray any person depicted in Visual Content (a "Model") in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities.
 

(C) Use any Visual Content in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal.
 

(D) Resell, redistribute, provide access to, share or transfer any Visual Content except as specifically provided herein. For example and not by way of limitation, the foregoing prohibits displaying Content as, or as part of, a "gallery" of content through which third parties may search and select from such content.

(E) Use Visual Content in a manner that infringes upon any third party's trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.
 

(F) Use any Visual Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.
 

(G) Falsely represent, expressly or by way of reasonable implication, that any Visual Content was created by you or a person other than the copyright holder(s) of that Visual Content.
 


 
18. GENERAL PROVISIONS
 

Suptheapp Pte. Ltd. reserves all rights not expressly granted herein.
 

Suptheapp Pte. Ltd. may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Terms of Service.
 

You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.

Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and Suptheapp Pte. Ltd., nor does it authorise you to incur any costs or liabilities on Suptheapp Pte. Ltd.’s behalf.
 

The failure of Suptheapp Pte. Ltd. at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.

These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for Suptheapp Pte. Ltd.'s affiliates and subsidiaries (and each of Suptheapp Pte. Ltd.’s and its affiliates' and subsidiaries' respective successors and assigns).
 

The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to Vybes and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
 

You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act and the Singapore Prevention of Corruption Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.
 

If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please contacts us at: info@getvybes.co
 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “INSTALL" AND "LOG IN" BUTTON OR ANY SIMILAR ACTION BELOW, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.