DISCLAIMER AGREEMENT

This Disclaimer Agreement (the “Agreement”) governs your use of Vybe (the “Platform”). By visiting, using and accessing the Platform, you agree to be bound by the terms and conditions set out below.

You must be eighteen (18) years of age or older to subscribe to and register on the Platform.

Gaiabyte Technology Pvt Ltd, a company incorporated under the provisions of the Companies Act, 2013 (the “Company”) provides services and the ability to upload content on the Platform on an “as is” basis. The Company, its employees, officers, directors, subsidiaries, related corporations, associates and affiliates make no representations, endorsements or warranties of any kind whatsoever about the services and content available on the Platform, including but not limited to accuracy, quality, reliability, suitability and completeness of the services and content available on the Platform, advertisements exhibited by the respective advertisers , any services provided by third party service providers and their reliability and creditworthiness.

As a user of the Platform (“You”/”Your”), You are granted a non-exclusive, nontransferable, revocable and limited license to access and use the Platform in accordance with the Agreement, Terms of Service and Privacy Policy as well as the Community Guidelines. Unless otherwise specified, the content on the Platform is for your personal and non-commercial use and the Company grants You a limited license to access the Platform for that purpose. You may not download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Platform without the Company’s express written consent. The Company does not promote, foster or condone the copying of copyrighted material or any other activity which infringes third party rights. Any unauthorized use of the Platform or its contents will result in the termination of the limited license granted by the Company for usage of the Platform.

The Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication You may send to the Company, including, without limitation, responses to questionnaires or through postings to the Platform without further compensation, acknowledgement or payment to You for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Platform. Furthermore, by posting any content on the Platform, submitting content to the Company, or in responding to questionnaires, You grant the Company perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify such content, submitted using any media, software or technology of any kind currently existing or developed in the future.

The Company reserves all intellectual property rights to its services on the Platform, including but not limited to international copyright and trademark rights, unless specifically stated otherwise. All content uploaded or displayed by You on the Platform shall belong solely to You including all intellectual property rights in such content. No materials provided through the Platform, including but not limited to the text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software may be reproduced, modified, adapted, distributed, published, displayed, uploaded, posted, or transmitted in any manner and in any form. You further agree not to create any derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any content on the Platform. The services provided by the Company on the Platform are for the Your personal consumption only, and You may not engage in any dealings with other parties using such services. Such dealings include commercial dealings and dealings which will adversely affect the commercial value of the services provided by the Company. Consequently, the Company reserves the right to terminate the license to use the Platform provided to the users.

References on the Platform to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to You and do not in any way constitute or imply Company’s endorsement, sponsorship or recommendation of the third party information, product or service. The Company is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of materials on such sites. If You decide to link your content to any third party websites, you do so entirely at your own risk.

The Company forbids the use of any robot, spider, automatic device, manual process, software or routine which may interfere with the proper operation of the Platform, or any transactions being conducted on the Platform. You shall not violate or attempt to violate the security of the Platform, including, without limitation, (a) by way of accessing data not intended for You or logging onto a server or an account which You are not authorized to access; (b) by way of attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) by way of attempting to interfere with the services to any other user, host or network, including, without limitation, by means of submitting a virus to the Platform, ‘overloading’, ‘flooding’, ‘spamming’, ‘mailbombing’ or ‘crashing’ the Platform; or (d) forging any intellectual property packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security of the Company shall result in civil and / or criminal liability of the person committing such violations. The Platform uses cookies to enhance the online experience for the consumer and for security purposes and the use of the Platform without cookies is not permitted. A cookie is a small amount of data that Company’s server sends to Your browser or device when You visit certain parts of the Platform.

You may only access the Platform and use the content and the services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to Your use of the services. You agree that you will not in any way: (i) interfere with the ability of others to access or use the services; (ii) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users’ ability to use the site or the services; (iii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; (vi) interfere with or disrupt the services or servers or networks connected to the services, or disobey any requirements, procedures, policies, or regulations of networks connected to the services; (vii) create any fake profiles or impersonate any other individual/entity, and (viii) post any material/information/content which is slanderous, blasphemous or outrageous in any form/manner.

When You visit the Platform or send emails to the Company, You are communicating with the Company electronically. By providing the Company with Your communication details, You expressly request and consent to receive communications from the Company electronically. The Company will communicate with You by email or by posting on the Platform. You agree that all agreements, notices, disclosures and other communications that the Company provides to You electronically satisfy any legal requirement that such communications be in writing.

THE CONTENT, THE PLATFORM, THE SERVICES AND EACH PART THEREOF ARE PROVIDED ON “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND EXPRESS OR IMPLIED TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM, THE CONTENT, THE SERVICES AND EACH PORTION THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT, THE PLATFORM, THE SERVICES, EACH PART THEREOF OR ANY THIRD PARTY SITES OR APPLICATIONS.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE CONTENT, THE PLATFORM, THE SERVICES OR ANY PORTION THEREOF, EVEN IF THE COMPANY OR THE AUTHORIZED REPRESENTATIVES OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE PLATFORM, THE CONTENT, THE SERVICES OR ANY PART THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. NEITHER THE COMPANY, NOR THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE CONTENT, THE PLATFORM, THE SERVICES OR ANY PORTION THEREOF. YOU AGREE NOT TO HOLD THE COMPANY (OR THE AGENTS, OFFICERS OR EMPLOYEES OF THE COMPANY) LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE PLATFROM, IN CONNECTION WITH THE CONTENT, THE SERVICES OR ANY PART THEREOF.

IN NO EVENT SHALL THE COMPANY BE LIABLE TO ANY PARTY FOR ANY DAMAGES, CLAIMS, EXPENSES OR LOSSES OF ANY KIND ARISING FROM OR IN CONNECTION WITH ANY USE OF OR RELIANCE ON THE ACCURACY, AVAILABILITY, CURRENCY, TITLE, NON-INFRINGEMENT, QUALITY, RELIABILITY, SUITABILITY AND COMPLETENESS OF THE SERVICES AND CONTENT AVAILABLE ON THE PLATFORM.

You agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon Your actions or inactions, which may result in any loss or liability to the Company or any third party caused from, including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of Your obligations under as described herein or arising out of Your violation of any applicable laws, regulations including but not limited to intellectual property laws/rights, claim of libel, defamation, violation of rights of privacy or publicity and infringement of any intellectual property or other rights. This clause shall survive in perpetuity.

The Company reserves the right to investigate complaints or reported violations of the Agreement and to take any action the Company deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. 

The Company reserves the right to make changes and corrections, at any time and without notice, to the Platform, its services and the content. Any modification made to the Agreement shall be effective immediately. Your continuance use of the Platform shall be deemed as Your acceptance to the terms of the Agreement including any modifications thereof.

The Company reserves the right to terminate or restrict Your use of services, and the Platform without notice, for any or no reason whatsoever.

The Agreement, Terms of Service, Privacy Policy and Community Guidelines shall be applicable to you as posted on the Platform, and constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted herein are expressly reserved. These terms shall inure to the Company’s benefit and to the benefit of the Company’s agents, officers, directors, licensors, licensees, successors and assigns. If any of the provisions of the Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make the terms legal and enforceable and will remain, as modified, in full force and effect. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. Nothing in the Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other.

The Agreement shall be governed by and construed in accordance with the laws of India, and any claims or disputes of whatever nature shall be subject to the exclusive jurisdiction of the courts of Bangalore.