Effective date: July 25, 2023

This Agreement, comprised of these Terms of Use along with our Privacy Policy, Cookies Policy, Refund Policy, Billing Policy and Risks Notice, and any other documents referenced herein, constitutes a legally binding contract between you (referred to as a 'user') and Advert Operations, Inc with registered address at 8 The Green, Suite B, the City of Dover Country, Kent Zip Code 19901, State of Delaware, USA (referred to as 'We', 'Company', 'Us', or any declension thereof).

(i) These Terms govern your usage and access to Hypedvibe.com (the 'Website') and the services provided through it (referred to as the 'Services' or 'Service'). By continuing to use the Website, whether as a registered Member or not, you are deemed to have accepted these Terms.

(ii) We reserve the right to make changes to these Terms at our sole discretion, and any amended version will be posted on the website. It is your responsibility to regularly review the Agreement. If you are a Member, and the changes are significant, we will make efforts to notify you directly using the contact information provided during registration or through the Service. By continuing to access or use our Services after the effective date of any changes, you indicate your acceptance of the updated Terms. Additionally, any new features introduced in the Services will also be subject to these Terms.

(iii) In the event that you do not agree to these Terms of Use, you are strictly prohibited from using this website.

(iv) We reserve the right to assign or transfer all our rights and obligations under these Terms to any other individual or entity, whether through novation or other means. By using this Website, you provide your consent to any such assignment or transfer. Please be aware that if a version of these Terms is posted on the Website, indicating another person as a party to these Terms, it will serve as sufficient notice to you of the transfer of our rights and obligations under these Terms to that specific party.

(v) As the Services are offered electronically, you hereby give your consent to receive this Agreement, notices, disclosures, information, policies, and other related materials in electronic format. These materials may be provided on the Website or sent to the email address associated with your account. By using the Website, you also agree to receive electronic communications from us, encompassing topics such as your account, security, privacy, and administrative matters.

If you wish to withdraw your consent to receive certain or all electronic materials, you can do so by contacting us at support@hypedvibe.com. However, please note that the Services may only be accessible if you agree to receive all the described electronic records, and should you withdraw your consent, your account will be deactivated.

Membership terms (Membership and Virtual Currency)

This platform is designed for adults and serves as a dating and social networking website. It is not intended for minors, and if you are under 18 years of age or the age of majority in your jurisdiction, you must refrain from using or accessing our services in any way or at any time.

(i) Anyone who visits or uses the Website, whether registered or not, is considered a 'user' of the Services under these Terms. By registering and creating an account, you become a 'Member'. However, even without registering as a Member, you can access certain features, such as viewing general information about our Service, reading these Terms, and reviewing other policies published on the Website. Additionally, you can contact us with any questions you may have.

(ii) In order to become a Member, you are required to create an account and provide essential details like a valid email address, username, password, gender, date of birth, and any other information as prompted during registration or as mandated by applicable laws. By checking the relevant box, you explicitly express your consent to these Terms.

We maintain the right to reject any chosen username or terminate your username, subsequently reassigning it to another user at our sole discretion and without any liability to you. During the registration process, you are strictly prohibited from selecting or using a username that:

1. 1. Intends to impersonate another individual.
2. 2. Infringes on the rights of someone else without appropriate authorization.
3. 3. Is offensive, vulgar, or obscene in any other manner.

(iii) Completing detailed information about your personality and habits is not mandatory, but we highly recommend it as it allows us to find potential matches that suit you best. You might be requested to share various details, such as height, weight, body type, marital status, educational level, and more. Upon providing this information, we may label your account as 'Validated'.

By providing this information, you assure us that it will be true, accurate, current, and complete. Furthermore, you commit to keeping this information up-to-date at all times. Please note that the details you provide may influence the potential matches we present to you. If you wish to explore other matches, you have the option to adjust your preferences using the Advanced Search Block on the Search tab.

(iv) The Member acknowledges and agrees that the Company strictly prohibits the creation of multiple accounts for each Member. It is not permissible for the Member to submit multiple account applications or register as a Member more than once, nor hold multiple accounts with the Company for any purpose, including attempting to benefit from marketing promotional programs or offers.

If the Company identifies any instances of multiple account applications, registrations, or holdings by a Member, whether through technological means or other methods, the Company reserves the right to take appropriate actions, including forbidding access to, suspending, or closing any such multi-accounts, or the main account, as deemed necessary at the sole discretion of the Company.

Should the Member's account be forbidden, suspended, banned, or closed for any reason, including engaging in prohibited or non-accepted activities, the Member is not allowed to create another account or re-register for the same or any other prohibited activities.

If you encounter any difficulties logging into your account, please feel free to contact our support team, and we will gladly assist you to the best of our ability.

2. Paid features and Virtual Currency

(i) You should be aware that certain features on the Website are exclusively available to paying Members. As a free Member, you will have access to specific functionalities, including viewing the main photos of potential matches, sending winks and likes, adding to favorites, and reading chats and mails (referred to as 'Free Features'). However, to fully enjoy all the Services, including exchanging photo and video content and other premium functionalities (known as 'Premium Features'), you will need to become a paying member. If you come across a 'JOIN FOR FREE' message or a similar prompt, it means you can sign up for the Services without any charge, but with limited access to features and areas of the Service. Full access to the Premium Features will require a paying Membership.

(ii) Regarding payment for Premium Features, we may request you to use our virtual currency called 'Credits'. You might be asked to pay a fee using real currency to obtain a license to use Credits. It's important to note that Credits are not real currency and do not hold any monetary value. They cannot be redeemed for real currency or other items of monetary value outside of the Service. Although we may use terms like 'buy', 'purchase', or 'sell' in relation to Credits for convenience, it does not indicate that Credits have any monetary value. You acknowledge that Credits are solely used within the Service and are not redeemable for any sum of money from us at any time. We make no guarantee regarding the nature, quality, or value of the features available through the use of Credits or the availability of third-party goods or services accessible through Credits.

(iii) Credits obtained through the Website are granted to you under a limited, personal, revocable, non-transferable, non-exclusive, and non-sublicensable license, exclusively for use within the Service. It is strictly prohibited to transfer or resell Credits in any manner, including through direct sales or auction services. You hold no ownership, right, or title to any Credits appearing in the Service or any other attributes associated with its use.

(iv) If your account remains inactive, or you have not accessed the Service for a period of 6 (six) months, your account may be terminated, and any Credits may be forfeited, at our sole discretion. In situations where your account is terminated for reasons other than inactivity, such as a breach of the Agreement, or if we discontinue certain or all Services' availability, your credits may also be forfeited, unless otherwise expressly provided in our Refund Policy.

(v) When you place an order for Credits on the Website, you authorize us or our designated payment processors to charge the account you specify for the purchase amount. Prices displayed on our Website are subject to change without prior notice. By providing your payment information, including credit/debit card details, to us or our designated payment processors, you consent to the storage of such payment information and related details. If designated payment processors are involved, you must agree to and comply with their terms of use or similar policies. All costs associated with your chosen payment method, including exchange rates, transaction fees, interest, and other fees charged by your credit/debit card companies and banks, are your responsibility. You will be liable for any applicable sales or use taxes, duties, or other governmental taxes or fees relating to your purchase of Credits.

In the event that you fail to pay such taxes or fees on a transaction, you will be held responsible for these taxes or fees should they be determined to be payable later on such purchases. In such cases, we reserve the right to collect these taxes or fees from you at any time.

(vi) We hold no liability for any hacking incidents or loss of your Credits, nor for any goods or services obtained through Credits. If any Credits or goods/services acquired with Credits are lost due to your breach of this Agreement, we have no obligation to reimburse you.

We reserve the right, without prior notice, to limit the quantity of Credits provided to you or refuse to furnish you with any Credits. The price, exchangeability, and availability of Credits are solely determined by us at our discretion and are subject to change without prior notification.

You acknowledge and agree that we have full discretion to manage, distribute, regulate, control, modify, cancel, restrict, terminate, and/or eliminate Credits. We hold no liability for any exercise of this right. Regardless of the circumstances, you agree that we are not responsible for any damages or claims arising from the loss or use of your Credits. You absolve us of any responsibility to maintain or update your account balance.

However, if any loss of Credits occurs in your account due to technical or operational issues with the Website, we will replenish the lost Credits once the loss is verified. Nevertheless, our maximum liability or responsibility to you is limited to replenishing the lost Credits; we will not provide any real currency.

(vii) If you have any disagreements with a charge made to your account, we kindly request that you contact us first to resolve the dispute before formally notifying your credit/debit card issuer. To initiate the dispute resolution process, please reach out to us via email at support@hypedvibe.com, clearly stating the reasons for your disagreement with the charge. This will allow us to promptly and accurately assess your complaint and, if found valid, credit the disputed amount back to your card in a timely manner to minimize any inconvenience for you.

Please note that all disputes must be raised within 3 (three) months of the disputed transaction taking place. After this period, you expressly waive your right to dispute the transaction in any manner.

In the event of any suspicious payment activity, we reserve the right to temporarily or permanently suspend payment via your credit/debit card. Additionally, we may contact you, your bank, or any other relevant third party to report such unusual activity and/or obtain additional information for further investigation.

1. Website Content

(i) Subject to your strict compliance with these Terms, We grant you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, and non-transferable license to use the Service. However, you acknowledge and agree that We retain all proprietary rights in the Website and all intellectual property associated with it. These 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, worldwide, along with the exclusive right to seek protection for these rights on behalf of Company and its licensors. Website contains copyrighted material, trademarks, and other proprietary information owned by the Company and its licensors. You are prohibited from copying, modifying, publishing, transmitting, distributing, performing, displaying, or selling any such proprietary information.

(ii) You are solely responsible for the content and information you provide, publish, transmit, display, or communicate through the Website or to other users, including messages, data, text, photos, videos, music, graphics, links, or other materials (referred to as "User Content"). We do not control, take responsibility for, or assume liability for any User Content posted by you or any third party, nor are we liable for any loss or damage related to such User Content. This includes mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity encountered on the platform.

While we have no duty to prescreen, review, control, monitor, or edit User Content, we reserve the right, at our sole discretion, to review, edit, refuse, or delete User Content at any time and for any reason without notice.

(iii) Website may provide third-party content and links to web pages and content from third parties (referred to as "Third Party Content") as a service to users interested in such information. We do not control, endorse, or adopt any Third Party Content and do not make any representations or warranties regarding its accuracy or completeness. You acknowledge that we are not responsible or liable for any Third Party Content and do not undertake to update or review it.

The Website may also display advertisements and promotions from third parties or provide information and links to third-party products or services. Any dealings or correspondence with, or participation in promotions of, such third parties, including any associated terms, conditions, warranties, or representations, are solely between you and the third party. We are not responsible for and do not endorse any features, content, advertising, products, services, or materials on third-party sites. You agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage incurred as a result of such dealings or the presence of third-party advertisers or information on the Website. You use Third Party Content and interact with third-party advertisers at your own risk.

(iv) Apart from the User Content you provide as part of using the Services, you have the option to submit various materials and information related to the Website and our Services, such as questions, comments, feedback, suggestions, success stories, ideas, plans, notes, drawings, original or creative materials, or other information (collectively referred to as "Submissions"). These Submissions, whether posted on the Website or provided to us through email or other means, are considered non-confidential and will become our exclusive property.

By submitting any content or information as a Submission, you grant us full and exclusive ownership of all rights, title, and interest, including intellectual property rights, in and to the Submissions. We have the right to use and share the Submissions for any purpose, whether commercial or otherwise, without the need to acknowledge or compensate you for it.

(v) By submitting or posting User Content on the Website, you grant us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide right and license to use, copy, publicly perform, publicly display, reproduce, adapt, modify, and distribute the User Content. This license allows us to prepare derivative works of your User Content and incorporate it into other works, as well as grant sublicenses of the same in any medium.

You represent and warrant that you have the right to grant us this license and that your User Content, as well as its public posting and use by us, will not infringe or violate any third-party rights, including intellectual property rights, rights of privacy, or rights of publicity. Furthermore, your User Content will not cause harm to any third party or violate the terms of this Agreement.

You also represent and warrant that you have obtained written consent from any identifiable natural person whose name or likeness is included in your User Content, and that such individuals have released you from any liability arising from such use. By posting User Content, you release us and our employees from any claims related to the authorized use of your User Content.

You agree not to post, copy, transfer, create derivative works from, distribute, reproduce, or display in any manner any copyrighted, trademarked, or other proprietary information or materials, including User Content posted by other users, without obtaining prior consent from the owner of such proprietary rights.

You acknowledge that information or materials available on the Website may be protected by copyright, whether or not identified as such.

(vi) You agree not to post, transmit, or deliver any User Content that violates third-party rights, applicable laws, rules, regulations, or our policies. Prohibited Content includes, but is not limited to, User Content that:

1. - Is obscene, pornographic, profane, defamatory, abusive, offensive, indecent, sexually oriented, threatening, harassing, inflammatory, inaccurate, misrepresentative, fraudulent, or illegal.
2. - Promotes racism, bigotry, hatred, or physical harm against any group or individual.
3. - Intends to or does harass or intimidate any other user or third party.
4. - May infringe or violate any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party, including User Content that contains copyrighted content without proper permission.
5. - Contains video, audio, photographs, or images of another person without their express written consent, or violates anyone's right of privacy or publicity.
6. - Promotes or enables illegal or unlawful activities, such as providing instructions on how to make or buy illegal weapons or drugs.
7. - Violates someone's data privacy or data protection rights.
8. - Contains viruses, time bombs, trojan horses, cancelbots, worms, or other harmful or disruptive codes, components, or devices.
9. - Contains any advertising, fundraising, or promotional content.
10. - Is 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.

By using the Website, you agree to comply with these restrictions and refrain from posting any Prohibited Content. We reserve the right to review, edit, refuse to accept, or delete User Content that violates these guidelines or any other provisions of this Agreement without notice and at our sole discretion.

(vii) Opinions, advice, statements, offers, or any other information or content provided by users, Members, or third parties on the Website are not endorsed or verified by us and should not be considered as accurate, complete, or reliable. The responsibility for such content, including its accuracy and reliability, lies solely with the respective users, Members, or third parties.

We do not guarantee the accuracy, completeness, or reliability of any information provided by users, Members, or third parties on the Website. We do not endorse or accept responsibility for any opinions, advice, or statements made by users, Members, or third parties that appear on the Website.

It is essential to understand that we and our officers, directors, employees, or affiliates will not be liable for any loss or damage arising from your reliance on information or content posted on the Website by users, Members, or third parties. Users should exercise their judgment and discretion when using the information available on the platform.

(viii) We reserve the right to send you electronic mails and push notifications related to changes or additions to the Service, products, and services offered by the Company, and events on the Website. This includes notifications about actions of other users on your profile, such as adding you to favorites or liking your profile. Additionally, we may use electronic mails and push notifications for direct marketing purposes.

By using the Website, you expressly agree and consent to us using and disclosing Personal Data collected about you for direct marketing purposes. You have the right to revoke your consent or object to our use of your Personal Data for direct marketing at any time, as outlined in our Privacy Policy. To manage your notifications' preferences, you can make changes in the Profile Settings tab on the website.

(ix) If you believe that content displayed on the Website infringes upon your copyright or other intellectual property rights, or if it violates the intellectual property rights of a third party, you can submit a notification to us. To do so, you can send your notification to the following address:

Advert Operations, Inc

8 The Green, Suite B, the City of Dover Country, Kent Zip Code 19901, State of Delaware, USA

Attention: Customer Support

You can also submit your notification via email to: support@hypedvibe.com.

Please include the relevant details of the allegedly infringing content, along with your contact information, so that We can adequately address your concerns. We respect intellectual property rights and will take appropriate action in response to valid infringement claims.

1. Use of Services

(i) You understand and accept that using Website is entirely at your own risk. Any material or information you provide, including Personal Data (as defined in our Privacy Policy), will be considered non-confidential and non-proprietary. We reserve the right to use such material or information without any restrictions, as long as it complies with our Privacy Policy and applicable laws. You also acknowledge that other Members or users of the Website will have access to and be able to read the material or information you provide.

(ii) The profile information you have provided will be publicly viewable on your profile, regardless of the viewer's location. By creating a profile, you acknowledge that users from other countries may view your profile. For the storage and processing of your Personal Data, the Website may utilize servers located in countries other than your country of residence. In certain cases, we may need to grant access to your Personal Data to our staff or suppliers, even if they are located outside your country of residence, for purposes such as customer support, back-office functions, fraud prevention, or service provision.

(iii) It is your responsibility to take necessary precautions to protect your computer system from viruses, malicious code, or any other interference that may cause damage. We cannot be held liable for any interference or damage to your computer system resulting from your use of the Website or any linked websites. Please ensure that your access to the website is secure and protected from potential risks.

(iv) You are responsible for maintaining the confidentiality of your account's username and password. Any activities that occur under your account, including the purchase of our Services, are your responsibility. If you suspect any unauthorized use of your account or any security breach, you must notify us immediately. It is essential to log out of your account after each session, refrain from using other users' accounts, and exercise caution when accessing your account from a public or shared computer to protect your password and personal information. Please be aware that Company is not liable for any loss or damage resulting from the theft or misuse of your username or password. To enhance security, we recommend using a strong password, avoiding using the same password on multiple sites, and changing your password regularly.

(v) You explicitly give consent to the transfer and storage of your Personal Data to our Members, employees, and third parties, even if they are located in countries different from your country of residence. You acknowledge the potential risks associated with such transfers and storage, especially if those countries do not have the same level of data protection as your country of residence. All transfers will be carried out by Us in compliance with our Privacy Policy and applicable laws. If you wish to revoke your consent or object to the use of your Personal Data, you can follow the procedures outlined in our Privacy Policy.

(vi) We want to emphasize the importance of exercising caution in all your personal meetings, as they come with inherent risks. It is strongly advised that you refrain from sharing sensitive information such as your last name, home address, workplace, financial details, or any identifying data with other users. If anyone tries to pressure you into revealing such information or attempts to deceive you, we recommend ceasing all communication with them.

Please be aware that we do not provide any services or take part in arrangements for your personal meetings. This includes aspects such as travel, entry clearance, relations with authorities, accommodation, personal health, and safety. All these arrangements are entirely your responsibility and are not part of the Services we offer. Always prioritize your safety and use caution during any personal meetings you arrange through our platform.

(vii) When using the Services, you accept full responsibility for any risks that may arise, including online or offline interactions with other users, including those related to dating. It is essential to exercise caution when communicating with strangers who wish to meet you. Please be aware that the Website may not routinely screen or verify its users, conduct background checks, or perform criminal screenings. We reserve the right, at our sole discretion, to conduct such inquiries or screenings, but we are not obligated to do so.

We do not make any representations, warranties, or guarantees regarding the conduct of its users and Members, the information provided by users and Members, or their compatibility with you. It is important to understand that not all users may be available for matching, and we may create test profiles or accounts to monitor the functioning of the Services.

Additionally, we may share revenue with the female users' introducers, which could lead to incentivized communication and impersonation. We advise you to read our Risks Notice carefully as it may impact your decision to use the Services available on our website. By using our website, you agree to the potential increased risk associated with incentivized communication and impersonation.

(viii) You have the option to access our premium features available for Members through the Website. These paid features include:

1. - Sending Letters
2. - Chatting by Instant Messages
3. - Watching Live Videos
4. - Sending Pictures and Videos
5. - Viewing Pictures and Videos
6. - Exchanging Contact Information
7. - Sending Flowers and Presents

Please be aware that certain premium features are exclusive to Trusted Users only, such as the exchange of contact information.

Trusted User status is granted to users who have successfully completed the ID Verification process. To pass ID Verification, you need to follow these steps:

1. 1. Confirm your email address.
2. 2. Complete your profile.
3. 3. Provide the following files:

1. a) A scan or photo of your personal government-issued document with your photograph, first and last name.
2. b) A photo of you holding your ID clearly visible in your hand (both your face 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.
3. c) If you are a U.S. citizen or reside in the U.S., download the Client Information Form, fill it out either by hand or typing, sign it, and then scan or photograph the completed form.

Upon successful completion of the ID Verification process, you will be granted Trusted User status and have access to additional features on the platform.

(ix) If you wish to request the contact details of a Trusted User, please adhere to the following rules:

1. 1. Complete your profile verification first. It is a necessary requirement to be able to exchange contacts with the preferred Website’s Trusted Users.
2. 2. After submitting the contact request, the process of contact exchange typically takes up to 7 business days, but in certain cases, it may take longer.
3. 3. Please be aware that the contact details request is free of charge; however, for the safety of our Trusted Users, you can ask for contact details of members only if you have been engaged in communication with them for a while (if you have already spent at least 3000 credits on communication with these Trusted Users).
4. 4. If a Trusted User, to whom you have sent a contact details request, consents to share their contact information, you will be able to view it on this page. In the event that the Trusted User is not ready to share their contact details yet, you will be notified accordingly.
5. 5. Please be aware that We cannot assume responsibility for any communication that occurs outside the platform and cannot be held liable for any actions taken by you or any third-party in such communication.

The prices for the Paid Features can be found on the Member's profile or before confirming the order and making payment. Our paid features are also governed by our Refund Policy, which you are responsible for complying with.

(x) Presents and Flowers

Please note that certain Paid Features, such as services for sending or delivering flowers, are provided by Suppliers either jointly or solely, and we are not directly involved in these services.

Our Paid Features are also governed by our Refund Policy, which you are responsible for complying with.

(xi) In connection with the Services and its users, you agree not to engage in any of the following activities:

1. - Using the Service in an unlawful manner or in a way that harms or violates the rights of others.
2. - Engaging in unlawful, harassing, obscene, intimidating, threatening, predatory, or stalking conduct.
3. - Disrupting, damaging, disabling, overburdening, impairing, or interfering with the performance of the Services or other users' use of the Services.
4. - Impersonating any person or entity or misrepresenting your age, identity, affiliation, connection, or association with any person or entity.
5. - Making any commercial use of the Services or promoting or soliciting involvement in or support of political platforms, religions, cults, or sects.
6. - Defrauding, swindling, or deceiving other users of the Services.
7. - Disseminating another person's personal information without their permission or collecting/soliciting such information for commercial or unlawful purposes.
8. - Soliciting or engaging in gambling, illegal activities, or any similar unlawful activity.
9. - Using scripts, bots, or other automated technology to scrape or access the Services.
10. - Using the Service for phishing, trolling, or similar activities.
11. - Redirecting users to other sites or encouraging them to visit other sites.
12. - Harvesting or collecting email addresses or contact information of other users from the Services for spamming or spimming activities.
13. - Attempting to access any Services or areas of the Website that you are not authorized to access.

1. Disclaimers

We offer the Services on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, we explicitly disclaim all warranties and representations regarding the Services (including all proprietary materials and other information and content contained therein). This includes any express, implied, statutory, or other warranties, such as warranties of merchantability, title, accuracy, fitness for a particular purpose, or non-infringement.

We are not obligated to verify the identity of individuals subscribing to or using the Services, nor are we responsible for monitoring how other users use the platform. Consequently, we hereby declare that we bear no liability for your interactions with other users, their conduct, or any incidents of identity theft or misuse of your personal information that may occur while using our Services.

We do not warrant the accuracy, completeness, or usefulness of any information provided on the Services. We do not endorse or assume responsibility for the conduct of any users or members, nor do we guarantee the accuracy or reliability of any opinions, advice, or statements made by parties other than we. We explicitly disclaim any liability for any loss, damage, or harm arising from user conduct or from anyone's reliance on information or content posted on the Services or transmitted to or by any users.

We do not guarantee that your use of the Services will be secure, uninterrupted, complete, always available, error-free, or meet your specific requirements. We do not provide any warranty concerning the correction of defects in the Services or that the Services are free of viruses or other harmful components. Moreover, we disclaim liability for, and no warranty is made with respect to, the connectivity and availability of the Services or the delivery of any messages.

We do not conduct any background checks, criminal checks, or identity verification on any users of the Website. Your interactions with other users are solely your responsibility.

We are not liable for any actions or statements made by you on the platform, and we do not actively monitor the content of the Website. We do not intervene in disputes between users. However, in the event of a complaint or violation of any law or these Terms of Use arising from content posted by you, we reserve the right to remove such content. You bear full responsibility and liability for all the content you create, even if it infringes upon the rights of third parties - you remain solely liable.

1. Indemnification

You agree to defend, indemnify, and hold Us, our subsidiaries, and affiliates, as well as 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, arising from or related to:

1. - 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.
2. - Any claim or damages that arise as a result of your User Content or any User Content submitted via your account.
3. - Your conduct in connection with the Services or interactions with other users.
4. - Your violation of any terms of this Agreement, including the breach of any of the representations and warranties mentioned above.
5. - Your violation of any rights of a third party, including privacy or intellectual property rights.
6. - Any other party's access and use of the Services with your unique username, password, or other appropriate security code.
7. - Your violation of any applicable laws, rules, or regulations.

In the event that any of the above situations arise, you agree to indemnify and hold harmless Us and our associated parties from any resulting loss, liability, or claim, as well as any related expenses, including legal costs and attorney's fees.

1. Limitation of liability

Please be aware that certain countries and jurisdictions may not allow the disclaimer of implied warranties and terms in contracts with consumers. As a result, the contents of this section may not apply to you.

(i) To the fullest extent permitted by law, We, our affiliates, directors, members, employees, or agents shall not be liable for any special, consequential, or indirect damages, including but not limited to loss of use, loss of profits, or loss of data. This includes damages arising from the use of or inability to use the Services, or the proprietary materials contained in or accessed through the Service. These damages may result from reliance on any information obtained from the Website, or 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 total amount of fees paid by you for paid services during the immediately preceding six months.

(ii) To the maximum extent permitted by applicable law, Company shall not be liable for any damages, 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. This includes damages related to bodily injury, emotional distress, identity theft, and any other damages resulting from communications, meetings, or interactions with other users of the Services. Additionally, 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.

Please note that some countries and jurisdictions may not allow the limitation or exclusion of liability in contracts with consumers. As a result, the contents of this section may not apply to you.

1. Governing law and jurisdiction

These Terms, along with the referenced documents, shall be governed and interpreted in accordance with the laws of the State of Delaware, US. In the event of any disputes related to these Terms, the referenced documents, the Website, or the Services, the exclusive jurisdiction for resolution shall lie with the courts of the State of Delaware.

To the maximum extent permitted by law, you agree that any claims against Us must be brought solely in your individual capacity and not as a plaintiff or class member in any purported class, representative, or consolidated proceeding. By acknowledging this, you understand that you are waiving your rights to participate in a class action or representative action in relation to any such claim.

1. Miscellaneous

(i) This Agreement, along with all other referenced provisions, constitutes the entire agreement between you and Company concerning the use of the Service. If any provision of this Agreement is found to be invalid, the rest of the Agreement will remain in full force and effect.

(ii) Our failure to enforce any provision of this Agreement will not affect our right to enforce it in the future, nor will a waiver of any breach or default of this Agreement or any provision constitute a waiver of any subsequent breach or default or of the provision itself.

(iii) The use of section headers in this Agreement is for convenience only and will not impact the interpretation of specific provisions.

(iv) We will not be held responsible for any failure to perform its obligations due to unforeseen circumstances or causes beyond our reasonable control. These may include but are not limited to acts of God, such as fire, flood, earthquakes, hurricanes, or other natural disasters; war, riots, embargoes, acts of civil or military authority, or terrorism; strikes, 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 as long as such event continues to delay the performance of the Website.

(v) You are not permitted to assign any of your rights under this Agreement or related to the Service or Website to any third party. However, We retain the right to assign any or all of its rights and obligations under this Agreement or related to the Service to a third party. If our obligations under this Agreement are assumed by a third party, the Company will be released from any liability under this Agreement.

(vi) You acknowledge and agree that this Agreement and the use of the Service do not create any joint venture, partnership, employment, or agency relationship between you and the Company.

(vii) The language of this Agreement is English. In the event that the Website has offered a translation of the English version of this Agreement, you acknowledge that the translation is provided for convenience purposes only. The English language version of this Agreement will govern your relationship with the Company. If there is any discrepancy between the English language version of this Agreement and any translation, the English language version shall prevail.

1. Term and Termination

(i) You have the option to terminate your Membership at any time and for any reason. To do so, you must provide written notice of termination, which can be delivered in one of the following ways:

1. 1. In writing to Advert Operations, Inc, 8 The Green, Suite B, the City of Dover Country, Kent Zip Code 19901, State of Delaware, USA

Attention: Customer Support

2. 2. By emailing support@hypedvibe.com.

(ii) We, on the other hand, retain the right to suspend or terminate your use of our Services and/or Membership at any time and without cause, at our sole discretion. Such suspension or termination may occur without prior notice. Please refer to our Refund Policy for information regarding refunds in the event of termination. In certain circumstances, we may be prohibited by law or other restrictions from disclosing the specific reasons for the termination of your account.

Following the termination of your Membership, any clauses in this Agreement that naturally continue beyond termination will remain in effect. We also reserve the right to take appropriate action in response to your breach of this Agreement, as deemed necessary to protect our interests or the interests of other Members or third parties, at our sole discretion.

(iii) If we decide to cancel or suspend your use of the Services without any specific reason (as determined solely by us), we will provide you with a refund for any prepaid, unused Credits. However, except for the aforementioned scenario or other instances explicitly stated in this Agreement, fees paid, purchased Credits, and Credits that have been used are generally non-refundable. Nonetheless, we may, at our sole discretion, make refunds in certain cases. Our guidelines for exercising this discretion can be found in our Refund Policy on the Website.

Please note that we reserve the right to modify the Refund Policy at any time, and any changes will become effective upon being posted on the Website or providing you with notice of the change. Should you wish to request a refund, kindly contact us at support@hypedvibe.com.

(iv) This section applies only to individuals who are considered 'consumers' as defined in the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013 and who are residents in the UK, provided they have not yet started using the Services. If you meet these criteria, and the Regulations apply to these Terms of Use, you have the right to terminate your Membership within 14 (fourteen) days of registering as a Member by providing written notice.

However, if you have already commenced using our Service within the 14 (fourteen) day cancellation period, as allowed by the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013, it will be assumed that you have requested us to provide the Services. Consequently, you will be responsible for paying for the value of the Services rendered up until the time you decide to cancel the Services.

If you have not yet started using the Service and choose to terminate within the specified 14-day period, you will receive a refund of any fees you have paid within 14 (fourteen) days of our receipt of your notice of termination. Nevertheless, please note that once you have commenced using the Service, your right to receive a refund no longer applies.

(v) If you are a resident of the State of Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, or Wisconsin and have subscribed to paid services, you have the right to cancel this Agreement within 3 (three) business days of entering into your Membership (the Cancellation Period) without incurring any penalty or obligation.

To cancel this Agreement during the Cancellation Period, you must send us a signed and dated notice stating your intent to cancel, or words to that effect, by registered or certified mail. The notice should be sent to: Advert Operations, Inc, with the registered address at 8 The Green, Suite B, the City of Dover Country, Kent Zip Code 19901, State of Delaware, USA.

If you send or deliver the notice to cancel your subscription agreement within the Cancellation Period, the Company will refund any payments you have made that fall under this provision within the specified time period.

(vi) If you are a resident of the State of California, Illinois, New York, or Ohio at the time of entering into your Membership, certain additional provisions apply to your subscription:

1. 1. In the unfortunate event of your passing before the end of your subscription period, your estate will be entitled to a refund for the portion of any payment you made for your subscription that corresponds to the period after your death.
2. 2. If 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 for the portion of any payment you made for your subscription that corresponds to the period after your disability.

To request a refund under these circumstances, please notify the company at the following address: Advert Operations, Inc, with the registered address at 8 The Green, Suite B, the City of Dover Country, Kent Zip Code 19901, State of Delaware, USA.

1. Representations and warranties

(i) When using Services, you affirm that you are either at least 18 years old or have reached the age of majority in your jurisdiction, whichever is greater. If you are under 18 years old or below the age of majority in your jurisdiction, you are strictly prohibited from accessing or using the Service. It is your responsibility not to share this Website or its contents with minors or allow minors to access them. We explicitly disclaim any responsibility for any violations of this clause, and noncompliance with this provision cannot be used as a basis for seeking a refund.

(ii) Membership is not allowed in jurisdictions where prohibited by law. By using the Service, you confirm that you possess the appropriate rights, authority, and capacity to enter into this Agreement and adhere to all its terms and conditions. You also assert that your use of Services is not contrary to any prohibitions or restrictions in your jurisdiction, and you have fully complied, and will continue to comply, with all the laws and regulations applicable to your access to the Website. It is your sole responsibility to ensure compliance with all relevant local laws and regulations.

(iii) By becoming a Member, you confirm and guarantee that you have never been convicted of a felony and that you are not obligated to register as a sex offender with any governmental body. In the event that any of these representations or warranties are found to be untrue or deceptive in any manner, your membership will be promptly terminated (without affecting other terms of this Agreement). Additionally, we retain the right to pursue any necessary legal actions to protect our rights, and we reserve the right to refuse any refund of unused or used funds in your account.

(iv) By purchasing the paid Services, you affirm that you either own the credit/debit card used for the transaction or have obtained proper authorization to use it. Furthermore, you grant us (or our authorized payment processing agent) permission to charge the specified credit/debit card in accordance with the Membership plan you have chosen. Please note that any failure to comply with this clause will result in the waiver of our obligations and will not serve as grounds for any refund.

(v) The information you provide during registration is required to be accurate and truthful. Should any of the submitted information become inaccurate, misleading, or false at a later date, you are responsible for promptly updating it with the correct details.

(vi) By using Services, you guarantee that you have not been subjected to any prior suspension or removal from the platform.

(vii) Please be aware that We presently do not conduct regular background checks, verify provided information, or perform criminal screenings on its users and Members. However, we maintain the right to conduct investigations and background checks on all users and Members to ensure compliance with the warranties and authenticity of representations. By using our platform, you consent to allowing us to conduct such investigations, and we retain the right to deny or terminate your Membership if any warranty is breached or if any representation is found to be false.

(viii) You declare and assure that you are not engaged in competition with Us and that you are utilizing the Services solely for their intended purpose, without seeking any commercial advantage, money, or benefits from other users, whether through fraudulent means or otherwise. Moreover, Services is strictly not to be used by organizations, companies, or businesses for any purpose.

1. Contact information

If you have any questions or inquiries about this Agreement, feel free to contact us at:

Advert Operations, Inc,

8 The Green, Suite B, the City of Dover Country, Kent Zip Code 19901, State of Delaware, USA.

Attention: Customer Support

Email: support@hypedvibe.com

We are here to assist you and address any concerns you may have.