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Terms & Conditions

Vibebux | Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. ACCESSING OR USING THIS WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE AS SUCH MAY BE REVISED BY VIBEBUX OR LEMON LEMON LIME LIMITED (REFERENCED HEREIN AS "LEMON LEMON LIME", "VIBEBUX") FROM TIME TO TIME, AND IS A BINDING AGREEMENT BETWEEN THE USER (“USER”) AND VIBEBUX GOVERNING THE USE OF THE WEBSITE AND ASSOCIATED APPLICATIONS. IF USER DOES NOT AGREE TO THESE TERMS, USER SHOULD NOT ACCESS OR USE THIS WEBSITE OR APPLICATIONS. THESE TERMS CONTAIN DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO THE USER.

These Terms apply to your access to, and use of, all or part of any website or mobile application of Vibebux, or their respective subsidiaries, affiliated companies (collectively, “Vibebux”), including the WEBSITE and any other website, mobile application or online service where these Terms are posted (collectively, the “Site”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Vibebux for products, services or otherwise.

In the event there is any conflict or inconsistency between these Terms and any other terms of use that appear on the Site, these Terms will govern. However, if you navigate away from the Site to a third-party site, you may be subject to alternative terms and conditions of use, as may be specified on such site, which will govern your use of that site.

Eligibility

The Site is not targeted towards, nor intended for use by, anyone under the age of majority in his or her province/state of residence. A User must be at least the age of majority in his or her province/state of residence to use the Site. If the User is under the age of majority in his or her province/state of residence, he or she may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

Privacy

Please read the Privacy Policy carefully to understand how Vibebux collects, uses and discloses personally identifiable information from its users. By accessing or using the Site, you consent to all actions that we take with respect to your data consistent with our Privacy Policy.

Payment Terms

The Price of any Vibebux product is quoted on the Site from time to time, subject to applicable provincial/federal/state taxes, and is subject to change without prior notice.

Payments may be collected from third-party payment platforms, which may be changed by Vibebux, from time to time without warning. By accepting these Terms of Use, the User hereby accepts all third party payment platform’s payment terms of use at the following link.

Delivery/Shipping

Delivery/shipping of products can be carried out by our third-party partners in accordance with their respective shipping policies, which may change without notice from time to time.

The User acknowledges that he/she may incur shipping, delivery or other local tax costs with the respective third-party partners, if applicable. Please refer to the respective websites of our third-party partners for information relating to their respective delivery/shipping.

Vibebux may in future elect to carry out the shipping or delivery of certain products itself, which election may be made without warning to the User at any time. The availability and price of products procured to the User by Vibebux through its third-party partners are subject to availability and change by Vibebux without warning from time to time.

Minimum personal information may be required to be shared with third party partners in order to process transactions made within the Vibebux platform.  Our full Privacy Policy can be read on our Privacy Policy page.

Purchasing Vibes

By purchasing “Vibes” from Vibebux, User is agreeing to buy Vibebux’s digital currency for use within the Vibebux Site.  The intended purpose of vibes is to trade or give to other Users and redeem for gift cards or other items within our third party integrated catalogues but may expand to cover other uses in the future without warning.  Vibebux does not represent, warrant or guarantee that giving out Vibes will result in receiving them back from other Users.  Vibes sent to others are final and is unavailable for refund of vibes.  Vibes cannot be redeemed back for cash and must be used only within the Vibebux Site.  Vibebux may integrate, without warning, other third-party websites to expand our catalogue of available items.  Any requests for refund of Vibes are at the sole discretion of Vibebux.

Expiration of Vibes

By using WEBSITE, User agrees that their purchased or received Vibes expires upon the non-use of the Vibes after one year from the time they were added to the account. At the end of the one-year period, Vibebux may inherit and/or donate expired Vibes at the discretion of Vibebux.

User Messaging

Vibebux’s messaging services (which can include any Written Text, Attached Images, Attached Videos, and any other services related to User Messaging which may be added in the future without warning) are used for the sole purpose of messaging other users or potential users, if a recipient of a message is not already subscribed to Vibebux.  Messages will be sent by a User (“Sender”), to another User (“Recipient”) where personal or work email addresses, or Vibebux usernames, could be used to identify and notify Recipients of a new message.  Emails or other notifications could be sent to recipients on behalf of the sender, by the sender, to the recipient, and includes their quoted composed message on the Site. It is understood that this information, along with Vibebux account information and device information or other personal information that is required to carry out the intended transaction could be accessible to Users on the Vibebux website and applications and it is understood that the user accepts responsibility for messages sent to their recipients.

User Information

Any information provided by the User including user names and passwords, addresses, e-mail addresses, phone number, financial information (such as credit card numbers), date of birth, provided interests, device information, Vibe Account information and any other information entered on the Vibebux Site (“User Information”) transmitted in connection with the Site is limited to the contemplated functionality of the Site, as specifically required to carry out the transactions contemplated between the User, Vibebux and third-party partners.

Information about actions taken during sessions on the Vibebux Site may be logged to assist with troubleshooting and customer care issues.

Specific use of User Information is referenced within our Privacy Policy.

Discrimination and Hate Speech

By using SITE, the User agrees to this Discrimination and Hate Speech policy.

Vibebux prohibits the use of our website and services to discriminate against people for any reason, including but not limited to the following personal attributes:

It is your responsibility to know your local laws and any other legal regulations on discrimination that might apply to you.

Additionally, Vibebux does not permit hate speech in messaging between Users or in any way. Hate speech is violent, offensive, derogatory or demeaning language directed at a person or group based on their one or more attributes. Discrimination and hate speech are strictly prohibited in public comments and messages on WEBSITE and any such discrimination and/or hate speech will result in a permanent ban of the User from WEBSITE and a forfeiture of User’s Vibes and/or any pending Redemptions.

Indemnification

The User agrees to defend, indemnify, and hold harmless Vibebux, other affiliated companies, independent contractors, service providers and consultants, and their respective employees, contractors, agents, officers, and directors (“Lemon Lemon Lime Limited Indemnitees”) from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including attorneys’ fees) (“Claims”) that arise from or relate to the User’s use or misuse of the Site, violation of these Terms, or your conduct in connection with the Site. Notwithstanding the foregoing, this indemnification provision shall not apply to any Claims caused by Vibebux. Indemnitee’s sole negligence. Vibebux reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.

Fraud

In no event shall Vibebux or its affiliates be liable for any unauthorized access to, or theft or destruction of a User’s account or Vibes, or any fraudulent transactions, money laundering, or other misrepresentations by other Users or third-party partners through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.

Vibebux makes no representations, warranties or conditions of any kind, express or implied, with respect to the products of third-party purchasers, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance.

Copyright, Trademarks, and User License

Unless otherwise indicated, the Site and all content and other materials therein, including, without limitation, the Vibebux logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the property of Vibebux & Lemon Lemon Lime Limited and are protected by Canadian and international copyright laws.

Vibebux, the Vibebux logo, Lemon Lemon Lime Limited, and other Vibebux trademarks, service marks, graphics, and logos used in connection with the Site are trade names, trademarks or registered trademarks of Vibebux & Lemon Lemon Lime Limited (collectively “the Marks”). The Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Vibebux or Lemon Lemon Lime Limited. The Site and its content are protected by copyright, trademark, patent, trade secret, international treaties, provincial and federal laws, and other proprietary rights and also may have security components that protect digital information only as authorized by Vibebux or Lemon Lemon Lime Limited. All rights not expressly granted are reserved.

Subject to these Terms, Vibebux grants the User a personal, non-exclusive, non-transferable, limited, and revocable license to use the Site for personal use only in accordance with these Terms (“User License”). Unless explicitly stated herein, nothing in these Terms shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith These Terms and User License also govern any updates to, or supplements or replacements for, the Site, unless separate terms accompany such updates, supplements, or replacements, in which case the separate terms will apply.

Warranties; Disclaimers

LEMON LEMON LIME LIMITED O/A  VIBEBUX IS PROVIDING THE SITE TO THE USER “AS IS” AND THE USER IS USING THE SITE AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, VIBEBUX & LEMON LEMON LIME LIMITED DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE SITE ARE MERCHANTABLE, RELIABLE, AVAILABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR VIRUSES, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE SITE BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE SITE WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED. THE MATERIALS AND INFORMATION ON THE SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.

No Liability

SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL VIBEBUX, LEMON LEMON LIME LIMITED OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE SITE, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM VIBEBUX OR LEMON LEMON LIME LIMITED), OR ANY DAMAGES THAT RESULT 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 VIBEBUX'S RECORDS, PROGRAMS OR SERVICES; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE SITE OR ANY OF THEIR FEATURES. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE SITE.

Modifications to the Site

Vibebux reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that Vibebux will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.

Arbitration

Any dispute or claim arising out of or relating to these Terms or use of the Site and your relationship with Vibebux, Lemon Lemon Lime Limited or any affiliated company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) must first be made known to Vibebux in writing. Vibebux shall first try to resolve all disputes in good faith. If a dispute cannot be resolved within 60 days, it shall be resolved by binding arbitration.

There will be no appeal from the decision of the arbitrator on questions of fact, law, or mixed fact and law.

Governing Law and Jurisdiction

These Terms and use of the Site are governed by the laws of Canada and the law of the Province of Ontario applicable therein, without resort to conflict of law provisions.

Termination

Notwithstanding any of these Terms, Vibebux reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent your future access to and use of the Site. Vibebux's failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

Changes

Vibebux & Lemon Lemon Lime Limited reserve the right to change or modify these Terms or any other Vibebux policies related to use of the Site at any time and at its sole discretion by posting revisions on the Site. Continued use of the Site following such changes or modifications to the Terms or other Vibebux policies will constitute acceptance of such changes or modifications.

Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Future Amendments

It is understood that this privacy policy may be updated at any time and all usage on the platform is subject to current and future changes.

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