The use of Hypedvibe.com is conditional upon your acceptance of these Terms of Use and our other policies, without limitation Privacy Policy, Cookies Policy, Refund Policy, Billing Policy and Risks Notice (collectively referred to as the ‘Terms’). You will be deemed to have accepted these Terms by continuing to use Hypedvibe.com, regardless of whether or not you are a registered Member (as defined herein below). We may change these Terms in our sole discretion at any time. If we do so, an amended version of the Terms will be posted on the website. You are responsible for ensuring that you regularly review the Terms. If you are a Member and the changes to the Terms are material, we will use our best endeavors to notify you of the changes directly using the contact information you have provided on registration or via the Service. Your continued use of or access to our Services following the effective date of any changes to these Terms constitutes acceptance of those changes. Any new features which are added to the Services shall also be subject to the Terms.
IF YOU DO NOT AGREE TO THESE TERMS OF USE YOU MUST NOT USE THIS WEBSITE.
THIS IS A DATING AND SOCIAL NETWORKING WEBSITE FOR ADULTS, IT IS NOT DIRECTED AT MINORS, AND IF YOU ARE UNDER 18 (EIGHTEEN) YEARS OF AGE OR THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU MUST NOT USE OR ACCESS OUR SERVICES AT ANY TIME OR IN ANY MANNER.
WE DO NOT CONDUCT ANY BACKGROUND CHECKS, CRIMINAL CHECKS OR IDENTITY CHECKS ON ANY OF Hypedvibe.com USERS. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR INTERACTION WITH OTHER USERS.
PERSONAL USE
Your account is strictly for personal use. You are not allowed to authorize others to use your account or make any attempt to use another member’s account without their prior consent. Transferring or assigning your account to any other individual or entity is prohibited. You bear full responsibility for your own actions as well as the actions of anyone using your account. You assume all liabilities related to: (i) the information and content posted on your behalf by yourself or anyone using your account; (ii) the information and content you or anyone using your account shares, transmits, publishes, or makes available through the Services; and (iii) the interactions between yourself or anyone using your account and other members through the Services.
THIS TERMS OF USE CONTAINS DISCLAIMERS AND LIMITATION OF LIABILITY EXPLAINED IN SECTION 7 HEREIN.
THIS AGREEMENT CONTAINS CLASS ACTION WAIVER PROVISION THAT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.
YOUR TERMINATION RIGHTS MAY BE DEPENDENT ON YOUR RESIDENCY. PLEASE READ SECTION 6 CAREFULLY TO UNDERSTAND WHICH IS APPLICABLE EXACTLY TO YOU.
WE MAY SHARE REVENUE WITH THE FEMALE USERS' INTRODUCERS. BY USING OUR WEBSITE, YOU AGREE TO THE RESULTING INCREASED RISK OF INCENTIVIZED COMMUNICATION AND IMPERSONATION. PLEASE READ OUR RISKS NOTICE ATTENTIVELY - IT MIGHT AFFECT YOUR DECISION TO USE THE SERVICES AVAILABLE ON OUR WEBSITE.
CONTENT
- 1. Binding Agreement
- 2. Eligibility
- 3. Membership and virtual currency
- 4. Use of the services
- 5. Content on the Website
- 6.Term And Termination
- 7. Disclaimers And Limitation Of Liability
- 8. General Provisions
- 9. Anti-Trafficking and Anti-Exploitation Policy
- 10. Contact Information.
- Binding Agreement
(а) These Terms of Use together with our Privacy Policy, Cookies Policy, Refund Policy, Billing Policy and Risks Notice and all other documents referred to in these Terms (the “Agreement”), form a legally binding agreement between you (also, can be referred as a ‘user’) and Devurum Limited, a company duly incorporated under the laws of the Republic of Cyprus with the registration number HE368090, having its registered address at Devurum Limited, HE 368090, 8 Amathountos ave, off 201, 4531, Limassol, Cyprus(‘Hypedvibe’, ‘Company’, ‘us’, in any declension). This Agreement governs your access to and use of Hypedvibe.com (the ‘Website’) and the associated services offered through it (the ‘Services’ or ‘Service’).
(b) We may assign or transfer all of our rights and obligations hereunder to any other person, whether by way of novation or otherwise, and you hereby give us consent to any such assignment and transfer. You agree that posting on this Website of a version of this Agreement indicating another person as a party to this Agreement will constitute sufficient notice to you of the transfer of our rights and obligations under the Agreement with you to that party.
(с) Because the Services are provided electronically, you hereby consent to being provided with this Agreement, notices, disclosures, information, policies and other materials in electronic form. Any above-mentioned materials may be provided on Hypedvibe.com or sent to the email address associated with your account. By using the Website, you also consent to receive electronic communications initiated from us regarding, without limitation, your account, security, privacy, and administrative issues. You may withdraw your consent to receive some or any materials by contacting us at support@hypedvibe.com. However, the Services may be only available if you agree to receive all the described electronic records, and you understand that withdrawing such consent will result in your account being deactivated.
- Eligibility
(a) By using Hypedvibe.com, you represent and warrant that you are at least 18 (eighteen) years of age or the age of majority in your jurisdiction, whichever is greater. If you are under 18 (eighteen) years of age or the age of majority in your jurisdiction, then you are not permitted to use the Service. You will not share this Website or its contents with a minor or otherwise make them available to a minor. We expressly waive any obligations in respect to your violation of this clause and your noncompliance with this clause cannot be a ground for any refund.
(b) Membership in Hypedvibe.com is void where prohibited by law. By using the Service, 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. You represent and warrant that your use of Hypedvibe.com is not prohibited or restricted by your jurisdiction and you have complied and will continue to comply with the laws and regulations of the jurisdiction from which you access the Website. You are solely responsible for your compliance with all applicable local laws and regulations.
(c) If you become a Member, 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 any such representations or warranties turn out to be false or misleading in any way, your membership will be terminated immediately (without prejudice to the generality of other provisions of this Agreement), and we reserve the right to take any and all legal actions against you to enforce our rights and to refuse to make any refund of any unused or used funds in your account.
(d) You represent and warrant that you have not previously been suspended or removed from Hypedvibe.com.
(e) You represent and warrant that you are not a competitor of Hypedvibe.com and are not using the Services for reasons that are in competition with our business or other than for their intended purpose. You shall not seek to obtain commercial gain, or obtain money or other benefits from other users, fraudulently or otherwise. Organizations, companies, and/or businesses may not use Hypedvibe.com for any purpose.
(f) You own (or have permission to use) any credit/debit card you used to purchase the paid Services with and have authorized us (or our authorized payment processing agent) to charge the credit/debit card according to the Membership you chose. We expressly waive any obligations in respect to your violation of this clause and your noncompliance with this clause cannot be a ground for any refund.
(g) All information that you submit when you register is accurate and truthful and you will promptly update any information that you provide if it later becomes inaccurate, misleading, or false.
(h) You acknowledge that currently Hypedvibe does not routinely undertake background checks, verify information provided or conduct criminal screenings of its users and Members. We reserve the right to conduct investigations and background checks on all users and Members, to confirm you are not in breach of any warranty and to determine whether any representation is false. You consent to allowing us to conduct such investigation and we reserve the right to refuse and/or terminate your Membership if you breach any warranty of or your representation proves to be false.
- Membership and virtual currency
(a) All visitors to or users of Hypedvibe.com, whether registered or not, are ‘users’ of the Services for purposes of this Agreement. If you register for the Services by creating an account, you become a ‘Member’. Without being registered as a Member, you may, for example, see general information about our Service, read these Terms and other policies published on the Website or contact us should you have any questions.
(b) To become a Member, you must create an account by providing a valid email address, username, password, gender, date of birth and/or other information as prompted by the registration form or as required by applicable laws and express your consent to these Terms by checking the relevant box. We reserve the right to reject any username or to terminate your username and give such username to another user in our sole discretion, and without any liability to you. When registering, you are prohibited from selecting or using as a username:
- a name of another person with the intent to impersonate that person;
- a name that is subject to any rights of a person other than you without appropriate authorization; or
- a name that is otherwise offensive, vulgar, or obscene.
(c) You are not obligated but, however, it is highly recommended to accomplish detailed information about your personality and habits that will allow us to pick a potential match for you. You may be asked to share such details as your height, weight, body type, marital status, educational level and similar. After your completing the aforementioned details, we may mark you account as ‘Validated’. You represent and warrant that the information you provide to us will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times. You understand that your detailed information may affect potential matches that we will display to you. If you want to see other matches, you may change your preferences in Advanced Search Block on Search tab.
(d) You understand that certain features of Hypedvibe.com are only available to paying Members. As a free Member, you may review main photo of potential matches, send winks and likes, add to favourite, read a chat and mails (‘Free Features’). After you have become a paying member, you may enjoy full range of our Services including exchanging photo and video content and others (‘Premium Features’). When you see ‘JOIN FOR FREE’ message or alike, this means that you can sign up to the Services free of charge, however you will have limited access to features and areas of the Service. Full access will require a paying Membership.
(e) We may ask you to pay for Premium Features using our virtual currency known as ‘Credits’. You may be required to pay a fee using real currency to obtain a license to use Credits. Regardless of what we call them, Credits are not real currency, do not have monetary value, and may never be redeemed for real currency, or other items of monetary value from outside of the Service. While we may use terms like 'buy', 'purchase' or 'sell' in reference to Credits, we do so only for convenience and such terms in no way indicate that Credits have monetary value or are real currency. You acknowledge that Credits are not real currency and are not redeemable for any sum of money from us at any time. We make no guarantee as to the nature, quality or value of the features of our Service or any third-party goods or services that will be accessible through the use of Credits, or the availability or supply of Credits.
(f) Credits obtained via Hypedvibe.com are provided to you under a limited, personal, revocable, non-transferable, non-exclusive, non-sublicensable license to use within the Service. Credits may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service. You have no property interest, right, or title in or to any such Credits appearing or originating in the Service, or any other attributes associated with use of the Service.
(g) In the event that your account has not been active or you have not otherwise accessed the Service for 6 (six) months, your account may be terminated and all Credits may be forfeited at our sole discretion. Additionally, if your account or access to Hypedvibe.com is terminated due to reasons other than inactivity (e.g., a breach of this Agreement), or if we discontinue availability of some or all of the Services, then all of your credits may be forfeited, unless otherwise is expressly provided in our Refund Policy.
(h) We have no liability for hacking or loss of your Credits or any goods or services obtained with Credits. We have no obligation to, and will not, reimburse you for any Credits or any goods or services obtained via Credits that are lost due to your breach of this Agreement. We reserve the right, without prior notification, to limit the quantity of Credits and/or to refuse to provide you with any Credits. Price, exchangeability, and availability of Credits are determined by us in our sole discretion and are subject to change without notice. Subject to applicable law, you agree that we have the absolute right to manage, distribute, regulate, control, modify, cancel, restrict, terminate and/or eliminate Credits in our sole discretion, and that we will have no liability for exercising such right. You agree that under no circumstances are we liable to you for any damages or claims that may arise from the loss or use of your Credits regardless of the circumstances. You absolve us of any responsibility to maintain or update your account balance. However, if there is a loss of Credits in your account due to technical or operational problems with Hypedvibe.com, we will replenish the lost Credits once the loss has been verified. Without limiting any of the foregoing, our maximum liability or responsibility to you is to replenish the Credits lost (i.e., we will not provide you with any real currency).
(i) By submitting an order for our Credits through Hypedvibe.com, you authorize us, or our designated payment processors, to charge the account you specify for the purchase amount. All prices we show on our Website are subject to change without notice. When you provide your payment information, including any credit/debit card number, to us or our designated payment processors, you authorize us or our designated payment processors to store payment information and other related information. When using designated payment processors, you must accept and be abide by terms of use (or similar policy) of those payment processors. You are responsible for all costs associated with your selected payment method including, without limitation, exchange rates, transaction fees, interest, and other fees charged by your credit/debit card companies and banks. You will be responsible for any applicable sales or use taxes, duties, or other governmental taxes or fees payable in connection with your purchase of Credits. If you do not pay such sales or other tax or fees on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such purchases, and we reserve the right to collect such taxes or other fees from you at any time.
(j) In the event that you disagree with any charge made to your account, you agree to contact us with a view to resolving the dispute prior to making a formal notification to your credit/debit card issuer. You must contact us either by email at support@hypedvibe.com, stating your reasons for dispute of the charge. This will enable us to accurately and promptly assess your complaint and, where justified, credit your card with the disputed amount in a timely manner to avoid any further inconvenience to you. All disputes must be raised within 3 (three) months of the disputed transaction occurring, after that term you expressly waive your right to dispute such transaction in any manner. In the event of suspicious payment activity, we reserve the right to temporarily or permanently suspend payment via your credit/debit card and/or contact you, your bank or any other relevant third party to report such unusual activity and/or obtain additional information.
(k) The Member understands and accepts that Company does not allow and prohibits multiple account openings for each Member. The Member agrees not to fill in an account application and/or register as a Member more than one time and/or hold more than one account with Company for any reason and/or in order to benefit in any way from any marketing promotional program/project and/or offer available for the Member by Company. In any case where the Company identifies multiple account applications/registrations/openings/holdings of a Member through the use of any technology or through other means available Company may forbid access to and/or suspend and/or ban and/or close any such multi-accounts and/or the main account of the Member and/or manage all accounts in such way and/or take any other actions and measures deemed appropriate in the sole discretion of Company, regardless of the reason/purpose that such multi-account applications/registrations/openings/holdings were created. If the only and/or any account of the Member is forbidden access to and/or is suspended and/or banned and/or closed for any reason, including but not limited for reasons related to prohibited/non-accepted activity, the Member understands and agrees that is not allowed and will not fill in another account application and/or re-register and/or create and/or hold any other new account for the same reason and/or for any other prohibited/non-accepted activity.If you have any problems with logging into your account, please don't hesitate to contact our support team, and we will do our best to help you.
- Use Of The Services
(a) You acknowledge that your use of Hypedvibe.com is solely at your own risk. You agree that any material or information provided by you, including Personal Data (as defined in our Privacy Policy and which may include your full name, postal address, telephone number etc.), will be treated as non-confidential and non-proprietary and we may use such material or information without restriction, provided such use to the extent it relates to your Personal Data is compliant with the terms of our Privacy Policy and any applicable laws. You acknowledge that any such material or information provided by you will be available for other Members or users of the Website to read.
(b) Any profile information that you have provided to us will be publicly viewable on your profile, irrespective of the location of the viewer. By creating a profile, you acknowledge that overseas recipients will be able to view your profile. Hypedvibe globally utilizes servers for the storage of your Personal Data which may be located in a country other than your country of residence. In order to provide customer support, perform back office functions, perform fraud prevention tasks or provide services to you we may need to allow our staff or suppliers (who may be located or whose resources may be located outside your country of residence) access to your Personal Data.
(c) You expressly consent to the transfer and storage of Personal Data to our Members, employees and the third parties, where such Members, employees and third parties are located in countries other than your country of residence, in full knowledge and appreciation of the risks that may be associated with such transfers and storage, particularly where such countries do not have the same or a similar level of protection as that in your country of residence. All transfers will be facilitated Hypedvibe in accordance with our Privacy Policy and applicable laws. You are entitled to revoke your consent, or object to our use of your Personal Data at any time, in accordance with the processes set out in our Privacy Policy.
(d) You understand that you are responsible for maintaining the confidentiality of the username and password of your account, and you are fully responsible for all activities that occur under your username and password, including the purchase of our Services. You agree to immediately notify us if you suspect any unauthorized use of your username or password or any other breach of security, to ensure that you exit from your account at the end of each session, not to use the account, profile, username or password of any other user or Member and to use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You acknowledge that Hypedvibe is not responsible for any loss or damage arising from the theft or misappropriation of your username or password. We recommend that you use a strong password for your account, never use the same password on multiple sites or services and change your password frequently.
(e) You must take your own precautions to ensure that the process which you employ for accessing Hypedvibe.com does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your computer system which arises in connection with your use of the Website or any linked website.
(f) You assume all risk when using the Services, including but not limited to all risks associated with any online or offline interactions with others, including dating. There is no substitute for acting with caution when communicating with any stranger who wants to meet you. YOU ACKNOWLEDGE THAT, CURRENTLY, Hypedvibe MAY NOT ROUTINELY SCREEN ITS USERS, INQUIRE INTO THE BACKGROUND OF ITS USERS, ATTEMPT TO VERIFY INFORMATION PROVIDED BY ITS USERS OR CONDUCT CRIMINAL SCREENINGS OF ITS USERS. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CONDUCT SUCH INQUIRIES OR SCREENINGS. YOU FURTHER ACKNOWLEDGE THAT WE ARE UNDER NO OBLIGATION TO CONDUCT ANY SUCH INVESTIGATIONS. Hypedvibe does not make any representations, warranties or guarantees as to the conduct of its users and Members, information provided by users and Members, or their compatibility with you. You acknowledge that not all users are available for matching and that Hypedvibe may create test profiles or accounts to monitor the operation of the Services. WE MAY SHARE REVENUE WITH THE FEMALE USERS' INTRODUCERS. BY USING OUR WEBSITE, YOU AGREE TO THE RESULTING INCREASED RISK OF INCENTIVIZED COMMUNICATION AND IMPERSONATION. PLEASE READ OUR RISKS NOTICE ATTENTIVELY - IT MIGHT AFFECT YOUR DECISION TO USE THE SERVICES AVAILABLE ON OUR WEBSITE.
(g) PLEASE USE CAUTION AT ALL TIMES WITH RESPECT TO YOUR ARRANGEMENTS FOR YOUR PERSONAL MEETINGS, AS THESE ARE ENTIRELY AT YOUR OWN RISK. We strongly recommend you not providing your last name, home address, place of work, financial information (such as your credit card number or your bank account number) or other identifying information to other users and stopping all communications with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it. We do not provide any services in connection with your personal meeting, and do not take part in any arrangements relating to it. All such arrangements, including without limitation (and where applicable) any travel, entry clearance, relations with authorities, accommodation, and personal health and safety, are entirely your responsibility, and are not part of the Service.
(h) You agree not to do any of the following in connection with the Services or the users thereof:
- use the Service in any unlawful manner or in a manner that is harmful to or violates the rights of others;
- engage in any unlawful, harassing, obscene, intimidating, threatening, predatory or stalking conduct;
- use the Services in any manner that could disrupt, damage, disable, overburden, impair or affect the performance of the Services or interfere with or attempt to interfere with any other user’s use of the Services;
- impersonate any person or entity, or misrepresent your age, identity, affiliation, connection or association with, any person or entity;
- make any commercial use of the Services or promote or solicit involvement in or support of a political platform, religion, cult, or sect;
- defraud, swindle or deceive other users of the Services;
- disseminate another person’s personal information without his or her permission, or collect or solicit another person’s personal information for commercial or unlawful purposes;
- solicit or engage in gambling or any similar activity or any illegal or unlawful activity;
- use any scripts, bots or other automated technology to scrape or access the Services;
- use the Service for any phishing, trolling or similar activities;
- use the Service to redirect users to other sites or encourage users to visit other sites;
- harvest or collect email addresses or other contact information of other users from the Services by electronic or other means or use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or other spamming or spimming activities;
- attempt to access any Services or area of the Website that you are not authorized to access.
(i) You also able to use our paid features that we offer for Members via the Website.
They are:
- - Sending letters;
- - Chatting by instant messages;
- - Watching live videos;
- - Sending pictures and videos;
- - Viewing pictures and videos;
- - Exchanging of contact information;
- - Sending flowers and presents.
Please note that some of the paid features are available for Verified Users only, such as the exchange of contact information.
Verified User is the status which we give to users who successfully passed ID Verification. To pass ID Verification you should confirm your email, fill in yоur profile and provide these files:
i. Scan or photo of your personal government-issued document with your photograph, first and last name.
ii. A photo of you holding your ID clearly visible in your hand (you and the information in the document should be clearly visible: first name, second name and photo). *note that the document should be valid for at least 6 months from the moment of uploading.
iii. If you are a U.S. citizen or reside in the U.S.: download the Client Information Form, fill in the Form by hand or typing, sign it and scan or photograph the completed Form.
(j) If you willing to request contact detail of a Verified User you need to follow the rules described herein:
i. For being able to use this feature first please complete profile verification. It is a necessary prerequisite in order to exchange contacts with the preferred Hypedvibe Verified Users.
ii. After you proceed with the contact request the procedure of contact exchange usually takes up to 7 business days, but in some cases it could take longer.
iii. Please note that contact details request is free of charge, however, for the sake of the safety of our Verified Users, you may ask for contact details of members only if you have been communicating with them for a while (if you have already spent at least 3000 credits for communication with these Verified Users).
iv. If a Verified User to whom you’ve sent a contact details request gives their consent to share their contact details, you will be able to check it on this page. In case the Verified User is not ready to share her contact yet, you will be notified about it as well.
v. You should consider that Hypedvibe cannot be responsible for your further communication outside the platform and cannot bear any liability for any such actions of you or any third-party.
The prices for the Paid Features are available for review either on the Member’s profile or prior to confirmation of the order and payment processing. Our Paid Features are also subject to our Refund Policy which you are also bound by and may familiarize yourself with under the following link https://Hypedvibe.com/refund-policy
(k) Presents and Flowers
Please be informed that such Paid Features are provided jointly or solely by the Suppliers without our own involvement, for instance, services for sending or delivering flowers.
Our Paid Features are also subject to our Refund Policy which you are also bound by and may familiarize yourself with under the following link https://Hypedvibe.com/refund-policy
- Content On The Website
OUR RIGHTS TO REMOVE OR EDIT CONTENT
We maintain the right, although we are under no obligation, to monitor the information or content you or anyone using your account submits to the Services or posts in the public areas of the Services. We have the authority to remove or edit any such information or content in the following circumstances:
1. If, in our sole opinion, it violates or has the potential to violate any applicable law or these Terms of Use.
2. Upon receiving a request from a third party, such as in cases where a third party alleges that you have infringed their intellectual property rights.We exercise these rights to ensure compliance, protect the interests of all parties involved, and maintain the integrity of our Services.
(a) Subject to your continued strict compliance with these Terms, Hypedvibe provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Service. Notwithstanding the foregoing, you acknowledge and agree that Hypedvibe owns, licenses, or otherwise retains all proprietary rights in Hypedvibe.com and all intellectual property thereon and therein. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the sole and exclusive right to apply for the protection of the same on behalf of Hypedvibe and its licensors. Hypedvibe.com contains the copyrighted material, trademarks, and other proprietary information of Hypedvibe and its licensors. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
(b) Opinions, advice, statements, offers, or other information or content made available through Hypedvibe.com by any user, Member, or third party are not those of Hypedvibe and should not be relied upon as accurate, complete, or reliable. Such users, Members, or third parties are solely responsible for such content, including its accuracy, completeness, or reliability. Hypedvibe does not guarantee the accuracy, completeness, or reliability of any information on the Website provided by any user, Member, or third party, or adopt, endorse, or accept responsibility for the accuracy, completeness, or reliability of any opinion, advice, or statement made by any user, Member, or third party that appears on the Website. To the fullest extent permitted by law, under no circumstances will Hypedvibe or its officers, directors, employees, or affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on Hypedvibe.com or transmitted to or by any user, Member, or third party.
(c) You are solely responsible for the content and information that you provide, publish, transmit, display or otherwise communicate through Hypedvibe.com or to other users, including without limitation messages, data, text, photos, video, music, graphics, links or other materials posted through chat messages, email messages, photos and profile information (your submissions and those of other users, collectively, are ‘User Content’). We do not control, take responsibility for or assume liability for any User Content posted by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you encounter. Although you understand and acknowledge that Hypedvibe has no duty to prescreen, review, control, monitor or edit the User Content posted by users and is not liable for User Content that is provided by others, you agree that we may, at our sole discretion, review, edit, refuse to accept or delete User Content at any time and for any reason or no reason without notice.
PHOTO CONTENT RULES
When uploading photo content, you must ensure that your photos adhere to the following rules. Please note that every photo is subject to approval by our moderator team, who exercise discretion to ensure compliance with all laws, these rules, and the safety of you and other users. Once uploaded, each photo will be reviewed by our moderators and categorized based on its content.
Your photos must not contain:
- 1.Contact information, account details, or any other personal information.
- 2.Logos of websites other than the current site or watermarks.
- 3.Depictions of drugs or drug-related activities (e.g., smoking marijuana).
- 4.Offers of money in exchange for sexual activity.
- 5.Images of children under the age of 18.
- 6.Child pornography (note that such content will result in immediate removal of your profile and reporting to the appropriate authorities).
- 7.Sexually explicit content or content that references violence, physical or mental abuse.
- 8.Defamatory, threatening, violent, or harassing details or information intended to cause distress to any person.
- 9.Filters or content that appears excessively artificial.
- 10.Photos with no visible people.
- 11.Photos featuring multiple people without appropriate consent.
- 12.Photos of celebrities (you will be solely responsible for any copyright infringement).
- 13.Content that infringes upon the copyright or other intellectual property rights of any third party.
- 14.Offensive gestures, violence, cruelty, or blood.
- 15.Images of animals.
- 16.Real or imitation weapons and/or promotion of violence.
- 17.Gender mismatch between the person in the photo and the profile (note that the gender can be changed).
- 18.Advocacy of drugs.
- 19.Photos showing the consumption or use of alcohol, cigarettes, hookahs, or featuring money and gambling. Please keep in mind that these rules are in place to maintain a safe and respectful environment for all users. We appreciate your understanding and cooperation.
(d) Hypedvibe claims no ownership or control over your User Content, except as otherwise specifically provided herein. By submitting or posting User Content, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide right and license to use, copy, publicly perform, publicly display, reproduce, adapt, modify and distribute such User Content furnished by you and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing in any medium. You represent and warrant that the User Content and the public posting and use of your User Content by Hypedvibe will not infringe or violate any third-party rights, including without limitation any intellectual property rights or rights of privacy or publicity, or cause any harm to any third party or violate the terms of this Agreement. You further represent and warrant that you have the written consent of each and every identifiable natural person in your User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use. By posting User Content, you hereby release us and our employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any additional compensation for any use of your User Content. You will not post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted or trademarked or other proprietary information or materials, including any User Content posted by other users, without the prior consent of the owner of such proprietary rights. You acknowledge that information or materials available through Hypedvibe.com may have copyright protection whether or not it is identified as being copyrighted.
(e) You will not post, transmit or deliver to any other user, either directly or indirectly, any User Content that violates any third-party rights or any applicable law, rule or regulation or is prohibited under this Agreement or any other our policy governing your use of Hypedvibe.com (“Prohibited Content”). Prohibited Content includes, without limitation, User Content that:
- is obscene, pornographic, profane, defamatory, abusive, offensive, indecent, sexually oriented, threatening, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal;
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- is intended to, or does, harass, or intimidate any other user or third party;
- may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, including User Content that contains others’ copyrighted content (e.g., photos, images, music, movies, videos, etc.) without obtaining proper permission first;
- contains video, audio, photographs, or images of another person without his or her express written consent (or in the case of a minor, the minor’s legal guardian) or otherwise violates anyone’s right of privacy or publicity;
- promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs;
- violates someone’s data privacy or data protection rights;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- contains any advertising, fundraising or promotional content; or
- is, in the sole judgment of Hypedvibe, objectionable or restricts or inhibits any person from using or enjoying the Services or exposes us or our users to harm or liability of any type.
(f) Separate and apart from the User Content you provide as part of your use of the Services, you can submit questions, comments, feedback, suggestions, success stories, ideas, plans, notes, drawings, original or creative materials or other information relating to Hypedvibe.com and our Services (the ‘Submissions’). Submissions, whether posted to Hypedvibe.com or provided to us by email or otherwise, are non-confidential and shall become the sole property of Hypedvibe. We shall exclusively own all right, title and interest, including without limitation all intellectual property rights, in and to any and all Submissions. We shall be entitled to the unrestricted use and dissemination of any Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
(g) We respect the intellectual property rights of others. If you encounter content displayed on the Website that you suspect belongs to you or a third party, and that content is being displayed in a manner which violates or appears to violate your copyright or other intellectual property right or an intellectual property right belonging to a third party, you may submit a notification to:
Devurum Limited, HE 368090, 8 Amathountos ave, off 201, 4531, Limassol, Cyprus
(h) Hypedvibe reserves the right to send electronic mails and push notifications to you regarding changes or additions to the Service, or any products and services of the Company, events on Hypedvibe.com including actions of other users in respect of your profile (adding to favourite, likes etc.) as well as any direct marketing. You expressly agree and consent that we may use and disclose Personal Data that we collects about you for the purpose of direct marketing. You are entitled to revoke your consent, or object to our use of your Personal Data at any time, in accordance with the processes set out in our Privacy Policy. You may change your notifications’ preferences on Profile Settings tab.
(i) Hypedvibe may provide third party content on Hypedvibe.com and may provide links to web pages and content of third parties (the ‘Third Party Content’) as a service to those interested in this information. We does not control, endorse or adopt any Third Party Content and makes no representations or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that we are not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk. Hypedvibe.com may contain advertisements and promotions from third parties or may otherwise provide information about or links to third party products or services. Your dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Hypedvibe is not responsible for, and does not endorse, any features, content, advertising, products, services or other materials on or available from third party sites. You agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of such dealings or as a result of the presence of such third party advertisers or third party information on Hypedvibe.com.
- Term and termination
(a) You may terminate your Membership at any time, for any reason, effective immediately upon our receipt of your written notice of termination. Notice of termination may be delivered:
- in writing to Devurum Limited, HE 368090, 8 Amathountos ave, off 201, 4531, Limassol, Cyprus; or
- may be e-mailed to support@hypedvibe.com
(b) We may suspend or terminate your use of our Services and/or Membership at any time, at our sole discretion without cause and without notice. Please see our Refunds Policy and clause 6(c) below for information about refunds in such case. We are not required, and may be prohibited by law or otherwise from disclosing the reason(s) for the termination of your account. After your Membership is terminated, all clauses that by their nature may survive termination of this Agreement shall be deemed to survive such termination. We reserve the right to take further action for our loss or the potential loss of other Members or third parties when necessary due to your breach of this Agreement, in our sole discretion.
(c) If we cancel or suspend your use of the Services without cause (as determined by us in our sole discretion), we will provide you with a refund for any pre-paid, but unused Credits. Except as stated in the previous sentence or elsewhere in the Agreement, fees paid, Credits purchased and Credits spent are not refundable, but we may make refunds at our sole discretion.The principles guiding our discretion are stated in our Refund Policy on this Website. Without limiting the generality of the other provisions of this Agreement, we reserve the right to change the Refund Policy at any time, and changes are effective upon posting on Hypedvibe.com or giving you notice of the change. If you would like to request a refund, please contact us at support@hypedvibe.com.
(d) If you are a resident of the State of Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio or Wisconsin at the time of entering into your Membership, you may cancel this Agreement, without penalty or obligation, at any time within 3 (three) business days of subscribing to paid services (the Cancellation Period). To cancel this Agreement, you must send us a signed and dated notice by registered or certified mail which states that you are cancelling this Agreement, or words to that effect. This notice shall be sent to: Devurum Limited, HE 368090, 8 Amathountos ave, off 201, 4531, Limassol, Cyprus. If you send or deliver the notice to cancel your subscription agreement within the Cancellation Period, the Company will return, within the prescribed time period, any payments that you have made that are subject to this provision.
(e) In addition, if you are a resident of the State of California, Illinois, New York, or Ohio at the time of entering into your Membership, then in the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become severely disabled (and are unable to use the Website) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice to the following address: Devurum Limited, HE 368090, 8 Amathountos ave, off 201, 4531, Limassol, Cyprus.
(f) This section applies to you only if you are a ‘consumer’ as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the ‘Regulations’) and resident in the UK and have not commenced to use the Services. In the event the Regulations apply to these Terms of Use, you may terminate your Membership within 14 (fourteen) days of registering as a Member by providing notice in writing. If you have commenced using our Service within the 14 (fourteen) day cancellation period you are provided pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you will be taken to have requested we provide the Services. In the event that you have requested we provide the Services, you will be required to pay for the value of the Services up until the time you cancel the Services. You will be provided with a refund of any fees you have paid within 14 (fourteen) days of our receipt of your notice of termination if you have not commenced using the Service. Your right to receive a refund does not apply once you have commenced using the Service.
- Disclaimers and limitation of liability
(a) Hypedvibe PROVIDES THE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL PROPRIETARY MATERIALS AND OTHER INFORMATION AND CONTENT CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Hypedvibe DOES NOT REPRESENT AND WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, COMPLETE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, ANY DEFECTS IN THE SERVICES WILL BE CORRECTED OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES OR THE DELIVERY OF ANY MESSAGES.
Hypedvibe DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF OR SCREEN THE PERSONS SUBSCRIBING TO OR USING THE SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES BY OTHER USERS. THEREFORE, WE DISCLAIM ALL LIABILITY FOR YOUR INTERACTIONS WITH AND THE CONDUCT OF OTHER USERS AND FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
Hypedvibe DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICES, OR ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR THE CONDUCT OF ANY USERS OR MEMBERS OR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN Hypedvibe . UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND RESULTING FROM ANY USER CONDUCT OR FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES AND TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Hypedvibe , ITS AFFILIATES, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, OR THE PROPRIETARY MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM Hypedvibe , OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. UNDER NO CIRCUMSTANCES WILL OUR AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES, EXCEED THE AGGREGATE AMOUNT OF FEES FOR PAID SERVICES PAID BY YOU DURING THE IMMEDIATELY PRECEDING SIX MONTHS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Hypedvibe BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, IDENTITY THEFT AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, MEETINGS OR OTHER INTERACTIONS WITH OTHER USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
Hypedvibe MAINTAINS PROTOCOLS AND SYSTEMS TO DETECT AND PREVENT TRAFFICKING ACTIVITIES, BUT MAKES NO WARRANTY REGARDING THE EFFECTIVENESS OF SUCH SYSTEMS. USERS REMAIN RESPONSIBLE FOR EXERCISING APPROPRIATE CAUTION IN THEIR INTERACTIONS.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
(с) YOU AGREE TO DEFEND, INDEMNIFY AND HOLD Hypedvibe , ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR DIRECTORS, OFFICERS, MANAGERS, AGENTS, CONTRACTORS, PARTNERS AND EMPLOYEES HARMLESS FROM ANY LOSS, LIABILITY, CLAIM, DAMAGES, COSTS, DEBTS, EXPENSES OR DEMAND, INCLUDING REASONABLE ATTORNEY’S FEES, DUE TO OR ARISING FROM YOUR USE OF OR ACCESS TO THE SERVICES, INCLUDING ANY DATA OR CONTENT TRANSMITTED OR RECEIVED BY YOU, OR YOUR INABILITY TO USE THE SERVICES; ANY CLAIM OR DAMAGES THAT ARISE AS A RESULT OF ANY OF YOUR USER CONTENT OR ANY USER CONTENT THAT IS SUBMITTED VIA YOUR ACCOUNT; YOUR CONDUCT IN CONNECTION WITH THE SERVICES OR OUR USERS; YOUR VIOLATION OF ANY OF THE TERMS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES ABOVE; YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY RIGHT OF PRIVACY OR INTELLECTUAL PROPERTY RIGHTS; ANY OTHER PARTY’S ACCESS AND USE OF THE SERVICES WITH YOUR UNIQUE USERNAME, PASSWORD OR OTHER APPROPRIATE SECURITY CODE OR YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS.
(d) If any clause within this Section 7 is found to be illegal or unenforceable, that clause will be severed from this section and the remainder of the section will be given full force and effect.
- General provisions
(a) These Terms and the documents referred to herein shall be governed and construed in accordance with laws of the Republic of Cyprus. Any disputes relating to these Terms, the documents referred to herein, Hypedvibe.com or the Services will be subject to the exclusive jurisdiction of the Cyprus courts.
(b) TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST Hypedvibe ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
(c) This Agreement and all other provisions referenced herein contains the entire agreement between you and Hypedvibe regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
(d) The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
(e) Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of particular provisions.
(f) You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hypedvibe as a result of this Agreement or use of the Service.
(g) You must not assign any of your rights under this Agreement or in respect of the Service or Website to any third party. However, Hypedvibe has the right to assign any or all of its rights and obligations under this Agreement or to the Service to any third party. At the election of Hypedvibe, in the event that the Company's obligations under this Agreement are assumed by a third party, the Company shall be relieved of any and all liability under this Agreement.
(h) The language of this Agreement is English. Where Hypedvibe has provided a translation of the English version of this Agreement, you agree that the translation is provided for your convenience only and that the English language version of this Agreement will govern your relationship with Hypedvibe. If there is any contradiction between what the English language version of this Agreement says and what a translation says, then the English language version will take precedence.
(i) Hypedvibe shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay Hypedvibe.com performance.
- Anti-Trafficking and Anti-Exploitation Policy
The Company maintains a zero-tolerance policy regarding prostitution, human trafficking, and sexual exploitation. Any engagement, promotion, or facilitation of such activities is strictly prohibited on this platform.
(a) Prohibited Activities Users are strictly prohibited from:
- Engaging in any form of human trafficking or sexual exploitation
- Uploading, sharing, or promoting content that involves or supports prostitution, human trafficking, or related illegal activities
- Attempting to recruit or solicit other users for trafficking or prostitution purposes
- Aiding or abetting trafficking activities in any way
(b) Protection Measures We have implemented comprehensive protocols and safeguards including:
- Automated and manual monitoring systems to detect potential trafficking activity
- Staff training on identifying and responding to trafficking indicators
- Regular review and updates of our anti-trafficking detection methods
- Immediate investigation of suspicious activities
(c) Enforcement and Cooperation with Authorities The Company will:
- Immediately suspend accounts showing trafficking indicators
- Preserve and provide relevant evidence to law enforcement
- Permanently ban users found to be involved in prohibited activities
- Report suspicious patterns to anti-trafficking task forces
- Fully cooperate with law enforcement authorities and other relevant agencies in the investigation and prosecution of any illegal activities
Users are responsible for the content they post and the activities they engage in on our website. Any suspicious or illegal activities should be reported to our support team immediately at support@hypedvibe.com
- Contact information
You are welcome to contact us with any questions regarding this Agreement to
Devurum Limited, HE 368090, 8 Amathountos ave, off 201, 4531, Limassol, Cyprus