He’s not just a cute face with drip, he’s the whole fkn mood. Headphones on, shades locked, zen mode activated. Vibe lives on the edge of chaos and chill — meditating in the storm, floating above mountains, always unbothered.
When everyone’s paper handing and rugged by the minute, Vibe is just… vibing. No panic. No FUD. Only pure, distilled, decentralized peace.
It’s not about pump ‘n’ dump — it’s about building a movement, a mindset. You don’t trade the Vibe — you become it.
When the bull runs, Vibe surfs it. He’s not chasing the meta — he is the meta.
To create a digital sanctuary. A space where memes meet meaning, community is
everything, and the vibes are undefeated. Whether it’s your first crypto buy or your 100th degen flip,
we want you to feel part of something that transcends charts.
We’re not here to beg for listings or shill empty promises.
We’re here to vibe — together, sustainably, and with purpose.
Because at the end of the day…
Nothing matters. Just vibe.
$VIBE isn’t just a token. It’s a culture. A rebellion against burnout, noise, and forced hype. In a space full of anxiety and fake flexes, we’re here to slow down, chill out, and build something that actually feels good.
• Community soft launch (Telegram, Twitter, memes)
• Website live + first NFT sneak peeks
• Stealth $VIBE drop — no presale, no VC, just vibes
• Viral meme campaigns
• Collabs with artists, DJ sets, Twitch streams
• DAO vibes begin — holders get voting rights
• Merch drops with real drip (for the culture)
• Staking, LP incentives, passive vibes
• Listing on DEXs + CEXs
• Mini-game or chill metaverse lounge
• Expand the ecosystem — Vibe utility incoming
• Cross-chain vibes
• IRL events & vibe parties
• The Book of Vibe (lore + community-generated stories)
• Vibe Festival? Who knows, but we’re vibin’ anyway
This "Privacy Notice" describes the privacy practices of VIBE and VIBE Affiliates (collectively, "VIBE", "our", "us" or "we"), in connection with the Sites and the VIBE Platform (collectively, "Services"). This Privacy Notice also explains the rights and choices available to individuals with respect to their information.
Please read this Privacy Notice carefully to understand our policies and practices regarding your information. If you do not agree with our policies and practices, please do not use the VIBE Platform. By accessing or using the VIBE Platform, you acknowledge and agree to the terms of this Privacy Notice.
We may update this Privacy Notice based upon evolving laws, regulations and industry standards, or as we may make changes to the VIBE Platform. If we make changes that materially alter your privacy rights, we will take appropriate measures to inform you, consistent with the significance of the changes we make. If you disagree with the changes to this Privacy Notice, you should discontinue your access and use of the VIBE Platform.
Our Site and the VIBE Platform are not directed to, and we do not knowingly collect Personal Data from, anyone under the age of 18. If a parent or guardian becomes aware that his or her child has provided us with information, they should contact us. We will delete such information from our files as soon as reasonably practicable.
The term "Personal Data" as used in this policy, describes information that can be associated with a specific person and can identify that person. Personal Data does not include information that has been aggregated or anonymized so that a specific person can no longer be identified. Any reference to "Personal Data" in this Privacy Notice includes without limitation "Personal Data" as defined by the Data Protection Act 2018.
A Personal Data controller is a person or organisation who controls the collection, holding, processing or use of Personal Data, including a person or organisation who instructs another person or organisation to collect, hold, process, use, transfer or disclose Personal Data on his or her behalf.
The types of Personal Data that we may collect from you or through third parties will depend on our interactions with you and may include:
• Financial information such as your wallet addresses;
• Transaction information such as the wallet addresses of senders and recipients of Digital Assets, activities on the VIBE Platform, your inquiries and our responses;
• Usage Data which can include your IP address, your country of origin, the features of the browser or operating system utilised by you, how you use the VIBE Platform, among other identifiers;
• Other personal data or commercial and/identification information that we, in our sole discretion, may deem necessary to comply with various applicable anti-money laundering laws and regulations.
We may also collect Personal Data about you from third parties and other sources such as publicly available sources of information.
We collect this information from you when you freely provide it on the VIBE Platform or when you use the VIBE Platform. We may also collect your Personal Data from third parties or publicly available sources as noted above.
Unless specified otherwise, all Personal Data requested by us is mandatory and failure to provide this Personal Data may make it impossible for you to access or use the VIBE Platform. In cases where the VIBE Platform specifically states that some Personal Data is not mandatory, users are free not to communicate this Personal Data without consequences to the availability or the functioning of the VIBE Platform. Users who are uncertain about which Personal Data is mandatory may contact us for clarification.
When you visit the VIBE Platform, we may automatically collect certain information about your device, including information about your web browser, IP address and/or domain name, IMEI or other device information, your login information, browser type and version, timezone setting, browser plug-in types and versions, operating systems and platforms, location information, and some of the cookies that are installed on your device using cookies and similar technologies. Additionally, as you browse the Site, we may collect information about the individual web pages or services that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site.
We use cookies (small, often encrypted, text files that are stored on your computer or mobile device) and similar technologies ("Cookies") to provide you with certain functions on our Site and help collect data. This section explains how we use Cookies to collect information about the way you use our Site and how you can control them.
We use Cookies to track how you use the VIBE Platform by providing usage statistics. Cookies are also used to deliver our information (including updates) and allow account authentication to you based upon your browsing history and previous visits to the Site.
For the avoidance of doubt, we do not combine or link data or information gathered from Cookies with third party data for targeted advertising or advertising measurement purposes or sharing data collected about a particular end-user or device with a data broker.
We use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your device until you delete them). To make it easier for you to understand why we need them, the Cookies we use on our Site can be grouped into the following categories:
• Strictly Necessary: These Cookies are necessary for the Site to work properly. They include any essential authentication and authorisation Cookies for our Site.
• Functionality: These Cookies enable technical performance and allow us to remember the choices you make while browsing our Site, including any preferences you set. They also include sign-in and authentication Cookies and IDs that enable you to return without additional sign-in.
• Performance/Analytical: These Cookies allow us to collect certain information about how you navigate the Site and services running on your device. They help us understand which areas you use and what we can do to improve them.
• Targeting: These Cookies are used to deliver relevant information related to our Site to an identified machine or other device (not a named or otherwise identifiable person) which has previously been used to visit our Site. Some of these types of Cookies on our Site are operated by third parties with our permission and are used to identify advertising sources that are effectively driving customers to our Site.
Cookies can be controlled, blocked or restricted through your web browser settings. Information on how to do this can be found within the Help section of your browser. All Cookies are browser specific. Therefore, if you use multiple browsers or devices to access websites, you will need to manage your Cookie preferences across these environments.
If you are using a mobile device to access the Site, you will need to refer to your instruction manual or other help/settings resource to find out how you can control Cookies on your device. For more information about cookies, and how to disable cookies, visit https://www.allaboutcookies.org.
Please note that if you restrict, disable or block any or all Cookies from your web browser or mobile or other device, the Site may not operate properly, and you may not have access to our services available through the Site. We are not be responsible for your inability to use our Site or any degraded function you may experience that may be caused by your settings and choices regarding Cookies.
We may use Google Analytics to help analyze how you use our Site. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users' computers. The information generated is used to create reports about the use of our Site. Google will store this information.
If you do not want your Site visit data reported by Google Analytics, you can install the Google Analytics opt-out browser add-on. For more details on installing and uninstalling the add-on, please visit the Google Analytics opt-out page.
We take appropriate security measures to prevent unauthorised access, disclosure, modification, or unauthorised destruction of the Data.
The Personal Data processing is carried out using computers and/or IT enabled tools, following organisational procedures and modes strictly related to the purposes indicated. Data may be accessible to you and in some cases, to certain types of persons in charge, involved with the operation of the VIBE Platform (administration, legal, system administration) or external parties (such as third-party technical service providers, hosting providers, IT companies) appointed, if necessary, as Data Processors by us. You may request a list of these parties at any time.
We may process Personal Data relating to you if one of the following applies:
You have given your consent for one or more specific purposes. Note: Under some legislation we may be allowed to process Personal Data until you object to such processing ("opt-out"), without having to rely on consent or any other of the following legal bases:
• Provision of Personal Data is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof;
• Processing is necessary for compliance with a legal obligation to which we are subject;
• Processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us;
• Processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.
Data we collect about you is collected to
• Provide the Site and VIBE Platform and customer support you request;
• Process transactions and send notices about your transactions on the VIBE Platform;
• Detect any malicious or fraudulent activity;
• Enable us to monitor and analyse your behaviour ("Analytics");
• Beta test certain features or the VIBE Platform;
• Contact you;
• Display content from external platforms;
• Handle productivity related activities;
• Provide social features;
• Optimise traffic and performance of the VIBE Platform;
• Allow us to register you as a user of the VIBE Platform and authenticate your credentials;
• Comply with legal obligations and respond to enforcement requests;
• Protect the rights and interests of VIBE and VIBE Affiliates (or those of our users and third parties);
• Infrastructure monitoring;
• Interaction with external social networks and platforms;
• Location-based interactions;
• Tag management (tags are pieces of code that allow us to better analyse and track activities on the VIBE Platform);
• Engage in traffic optimisation and distribution.
We may share your Personal Data with our service providers and vendors to assist us in providing you with the VIBE Platform. We do not share your Personal Data with third parties without your consent, except as described in this Privacy Notice or as otherwise required or permitted by applicable law. We may share your Personal Data within our group, and with affiliates, for purposes consistent with this Privacy Notice.
We may share your Personal Data with third party companies and individuals that provide services on our behalf or help us operate the Site or our business. These third parties may use your Personal Data only as directed or authorised by us and in a manner consistent with this Privacy Notice, and are prohibited from using or disclosing your information for any other purpose. We may also share your Personal Data for compliance purposes.
We may sell, transfer or otherwise share some or all of our business or assets, including your Personal Data, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganisation or sale of assets, or in the event of bankruptcy or dissolution.
We will retain your Personal Data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, accounting, or reporting requirements. We determine data retention based on the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from an unauthorised user, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and applicable legal requirements.
Personal Data collected for purposes related to the performance of a contract between you and us will be retained until such contract has been fully performed. Personal Data collected for our legitimate interests will be retained as long as needed to fulfil such purposes.
We may be allowed to retain Personal Data for a longer period whenever you have given consent to such processing, as long as such consent is not withdrawn. Furthermore, we may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.
Once the retention period expires, Personal Data will be deleted (or, where permitted under applicable law, may be de-identified instead). Therefore, the right of access, the right to erasure, the right to rectification and the right to data portability (where relevant under applicable law) cannot be enforced after expiration of the retention period.
However not all your Personal Data may be able to be deleted or de-identified; see the section of this Privacy Notice on "Blockchain transactions", below.
The VIBE Platform may contain links to other websites, mobile applications, and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. We do not control third party websites, mobile applications or online services, and we are not responsible for their actions. Other websites, mobile applications and services follow different rules regarding the collection, use and sharing of your Personal Data. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.
The security of your Personal Data is important to us. We employ a number of administrative, technical, and physical safeguards designed to protect the Personal Data we collect. The safety and security of your information also depends on you. We ask you not to share any of your personal security information.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to the VIBE Platform. Any transmission of Personal Data is at your own risk.
Your use of digital assets may be recorded on a public blockchain, in particular the settlement of your trades in digital assets. Public blockchains are distributed ledgers, intended to immutably record transactions across wide networks of computer systems. Many blockchains are open to forensic analysis which can lead to re-identification of transacting individuals and the revelation of personal data, especially when blockchain data is combined with other data.
As blockchains are decentralised or third-party networks which are not controlled or operated by us, we are not able to erase, modify, or alter personal data on such networks.
For purposes of relevant data protection legislation, VIBE is the Personal Data controller. VIBE is a company with operations throughout the world. As a result, Personal Data may be transferred outside the country in which you reside for the purposes identified. Any such transfer of Personal Data shall take place under applicable law and will be protected through international data transfer agreements where necessary that have been recognised by relevant data protection authorities as providing an adequate level of protection to the Personal Data we process. By using the VIBE Platform you understand that your Personal Data may be processed in the United States and outside of the EEA and the UK.
Residents of the EEA and the UK are granted certain rights over their Personal Data, which include:
• The right to obtain confirmation of the Personal Data we process.
• The right to rectify inaccurate Personal Data that we process.
• The right to request erasure of your Personal Data, subject to exceptions provided under the law.
• The right to restrict certain processing of your Personal Data, so long as the processing is not necessary for the performance of or in relation to a contract or service to which you are a party.
• The right to receive your Personal Data in a structured, commonly used and machine readable format
• The right to object to the processing of your Personal Data, including the right to object to automated decision-making and profiling.
• The right to withdraw your consent where you have previously given it for the processing of your Personal Data
You are generally entitled to access Personal Data that we hold about you. If you request access to your Personal Data, in ordinary circumstances we will give you full access to your Personal Data. Depending on the nature of the request, we may charge for providing access to this information, however such charge will not be excessive. However, there may be some legal or administrative reasons to deny access. If we refuse your request to access your Personal Data, we will provide you with reasons for the refusal where we are required by law to give those reasons.
Complaints: If you feel that we have not respected your privacy or that we have conducted ourselves inconsistently with this Privacy Notice, please contact Support and advise us as soon as possible. We will investigate your queries and privacy complaints within a reasonable period of time depending on the complexity of the complaint. We will notify you of the outcome of our investigation.
If you would like to exercise any of the rights listed above, or if you would like to contact us about any questions you may have regarding your Personal Data, please contact Support and provide (i) enough information to identify you and (ii) a description of what right you want to exercise and the information to which your request relates. Any Personal Data we collect from you to verify your identity in connection with your request will be used solely for the purposes of verification.
If you are concerned that we have not complied with your legal rights or applicable privacy laws, you may contact us or your local data protection authority.
These Terms of Use constitute a legally binding agreement between you ("you" or "your") and VIBE ("VIBE", "we", "our" or "us"). The Terms govern your use of the VIBE Services made available to you on or through the Platform or otherwise. VIBE Services may be provided by VIBE or any VIBE Affiliate.
By accessing the VIBE Platform and/or using the VIBE Services, you agree that you have read, understood and accepted these Terms, together with any additional documents. You acknowledge and agree that you will be bound by and will comply with these Terms, as updated and amended from time to time.
If you do not understand and accept these Terms in their entirety, you should not use the VIBE Platform.
The value of Digital Assets can fluctuate significantly and there is a material risk of economic loss when buying, selling, holding or investing in Digital Assets. You should therefore consider whether trading or holding Digital Assets is suitable for you taking into account your personal circumstances, financial or otherwise.
Please ensure that you fully understand the risks involved before using the VIBE Platform and VIBE Services.
You acknowledge that we are not your broker, intermediary, agent or advisor and we have no fiduciary relationship or obligation to you in connection with any activities you undertake when using the VIBE Platform. We do not and are not providing any investment or consulting advice and no communication or information that we provide to you is intended to be, or should be construed as, advice of any kind.
You are responsible for determining whether any investment, investment strategy or related transaction is appropriate for you in light of your personal investment objectives, financial circumstances and risk tolerance and you are responsible for any associated loss or liability. We do not recommend that any Digital Asset should be bought, earned, sold or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisor. We are not responsible for the decisions you make to buy, earn, sell or hold Digital Assets based on the information or services provided by us, including any losses you incur arising from those decisions.
1.1. VIBE is a platform designed to assist with the creation and trading of Digital Assets. The VIBE group provides users with a platform to create Digital Assets.
1.2. By using the VIBE Platform you are entering into a legally binding agreement with us. These Terms will govern your use of the VIBE Platform.
1.3. You must read these Terms, together with the documents referenced in the Terms, carefully and let us know if you do not understand anything.
1.4. You acknowledge that you will be bound by, and agree that you will comply with, any relevant additional terms and conditions that apply to your use of the VIBE Platform.
2.1. To be eligible to use the VIBE Platform, you must:
a. be an individual, corporation, legal person, entity or other organisation with the full power, authority and capacity to (i) access and use the VIBE Platform; and (ii) enter into and comply with your obligations under these Terms;
b. if you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you must be duly authorised to act on behalf of and bind such legal entity for the purposes of entering into these Terms;
c. not be located, incorporated, otherwise established in, or resident of, or have business operations in:
i. a jurisdiction where it would be illegal under Applicable Law for you access or use the VIBE Platform, or cause us or any third party to contravene any Applicable Law; or
ii. a country listed in our List of Prohibited Countries.
2.2. We may amend our eligibility criteria at any time at our sole discretion. Where possible, we will give you notice in advance of the change. However, we may occasionally need to make changes without telling you in advance. This may include where:
a. we are making the change as a result of legal and/or regulatory changes;
b. the changes being made are in your interest; and/or
c. there is any other valid reason which means there is no time to give you notice.
Where we are unable to give you advance notice, we will let you know of the change as soon as possible after it is made.
3.1. Usage of the VIBE Platform is provided at our absolute discretion. We reserve the right to refuse any usage of the VIBE Platform without reason or restrict your access to the VIBE Platform at any time.
3.2. You must not post, upload or publish to the VIBE Platform any abusive, defamatory, dishonest, or obscene message or any messages intended to manipulate a market or to spread false or misleading information or messages that are otherwise in contravention of Applicable Laws, and doing so may result in termination of or restrictions on the availability of the VIBE Platform to you.
3.3. You must not post, upload or publish to any platform or media any abusive, defamatory, dishonest, or obscene message or any messages intended to manipulate a market or to spread false or misleading information or messages that are otherwise in contravention of Applicable Laws in respect of Digital Assets created on the VIBE Platform, and doing so may result in termination of or restrictions on the availability of the VIBE Platform to you.
4.1. Fees for use of the VIBE Platform can be found here.
4.2. You agree to pay all applicable fees in connection with your use of the VIBE Platform as requested during your use on the VIBE Platform.
4.3. You authorise us to deduct all applicable fees, commissions, interest, charges and other sums that you owe from the Wallet that you connect to the VIBE Platform under these Terms.
4.4. Amending our fees. We may adjust our fees from time to time in accordance with Clause 14.4 of these Terms.
4.5. Calculations: Any calculations made by the VIBE in connection with your use of the VIBE Platform are final and binding on you in the absence of Manifest Error.
We keep your personal data to enable your continued use of the VIBE Platform, and as may be required by law such as for tax and accounting purposes, compliance with anti-money laundering laws.
6.1. To access the VIBE Platform you must have the necessary equipment (such as a computer or smartphone) and access to the internet. You can access the VIBE Platform through the use of bots or otherwise as we may permit from time to time.
6.2. The use of the Platform and other access methods may be subject to such additional terms as we require from time to time and shall communicate to you.
7.1. You acknowledge and agree that where you execute any Transaction with Improper Intent and/or in the case of Manifest Error, VIBE is authorised by you (without any payment or penalty or liability due by VIBE and provided that such action is in compliance with Applicable Law) to cancel/void such Transaction (to the extent possible), take such actions as VIBE may reasonably deem fit and treat such Transaction as if they had never been entered into.
7.2. We may be required under these Terms or Applicable Law to share information about your activities on the VIBE Platform with third parties and within the VIBE Group. You acknowledge and agree that we are entitled to disclose such information.
8.1. You must ensure that any Instruction submitted is complete and accurate. We are not required to verify the accuracy, authenticity or validity of any Instruction and will not monitor or reject Instructions on the basis that they are, or appear to be, duplicates. However, if we are in doubt as to the accuracy, authenticity or validity of an Instruction, we may refuse to act upon or defer acting upon any Instruction, or seek further information with respect to the Instruction.
8.2. Instructions are irrevocable and therefore once an Instruction has been submitted you have no right to rescind or withdraw it without our written consent. Your Instruction is not deemed to be received by us until it has been received by our server. Our record of all Instructions will be conclusive and binding on you for all purposes.
8.3. By submitting an Instruction you are authorising us to initiate the Transaction. We are therefore authorised to credit or debit (or provide information to third parties for the purposes of the third party crediting or debiting) your Digital Assets from your Wallet in accordance with your Instruction. If you have insufficient Digital Assets in your Wallet to effect the Transaction (i.e. less than the required amount to settle the Transaction and to pay all the fees associated with the Transaction), then we have the right to refuse to effect any Transaction. VIBE may also refuse to act on instructions to the extent permitted by these Terms. It is your responsibility to hold sufficient Digital Assets in your Wallet.
8.4. You are aware that Instructions and information transmitted on the Platform or by email are generally transmitted via the internet and may be routed via public, transnational installations which are not specifically protected. We cannot guarantee that the Instructions and information transmitted will be completely protected against unauthorised access, and you accept the associated risks.
9.1. We do not represent or warrant that any actions by you on the VIBE Platform will be completed successfully or within a specific time period.
9.2. You agree to permit us (but agree to not require us) to keep a record of all Transaction information as long as it is required to fulfil their intended purposes, or such other period as prescribed by Applicable Law.
10.1. You understand and agree that neither your relationship with us nor any services we provide to you, nor any other matter, will give rise to any duties on our part or on the part of any VIBE Affiliate, whether legal, equitable, fiduciary in nature, save as are expressly set out in these terms. In particular, we and any VIBE Affiliate may from time to time act in more than one capacity, and in those capacities we may receive fees or commissions from more than one user (including you). You agree that we may act in such capacities and provide any other services or carry out any business with or for you, any VIBE Affiliate or any other user.
10.2. You understand and agree that neither we nor any VIBE Affiliate will be required to: (i) have regard to any information known to us, or to any VIBE Affiliate, which is or may be a material interest; (ii) disclose any such information to you; or (iii) use any such information for your benefit. You further acknowledge that from time to time we may receive general market information in the course of providing access to the VIBE Platform to you, which we may use in the ordinary course of our business.
10.3. We have established and maintain effective organisational and administrative arrangements with a view to taking all appropriate steps to identify and manage conflicts of interest between us and our users and relevant third parties, so as to prevent conflicts of interest from adversely affecting the interests of our users. We reserve the right at all times to decline to act for you where we are not able to manage a conflict of interest in any other way.
Your activity on the VIBE Platform may be subject to limits that VIBE shall determine from time to time at its sole discretion.
12.1. You are responsible for taking appropriate action to protect your hardware and data from viruses and malicious software, and any inappropriate material. Except as provided by Applicable Law, you are responsible for backing up and maintaining duplicate copies of any information you store or transfer through the VIBE Platform. We are not responsible for any claim or losses resulting from your failure to comply with this clause.
12.2. At all times, you and any Permitted Users shall maintain adequate security and control of all of the information used to access the VIBE Platform. You are responsible for taking the necessary security measures to protect such details, including by:
a. strictly abiding by all of our mechanisms or procedures;
b. never allowing remote access or sharing your computer and/or computer screen with someone else when you are logged into the VIBE Platform;
c. remembering that under no circumstances will we ask you to share any of your passwords or 2-factor authentication codes or similar.
12.3. You must keep the information used to access the VIBE Platform secure against any attacks and unauthorised access.
12.4. It is important that you monitor your Activity History to ensure any unauthorised or suspicious activity on your account is identified and notified to us as soon as possible. You acknowledge that any Security Breach may result in unauthorised access to your account by third parties and the loss or theft of any Digital Assets and/or funds from your Wallet and any associated Wallets or accounts.
12.5. If you suspect a Security Breach, you must ensure that:
a. we are notified immediately and continue to be provided with accurate and up to date information throughout the duration of the Security Breach;
b. you take any other steps that we may reasonably require to reduce, manage or report any Security Breach.
12.6. We reserve the right to request, and you agree to promptly provide, any and all information and documents we deem relevant or necessary in connection with an actual or suspected Security Breach. You further acknowledge and agree that we may provide such information to any third party that we deem necessary in order to investigate or resolve any Security Breach.
13.1. Our collection and use of personal data in connection with these Terms and use of the VIBE Platform is as provided in our Privacy Notice (as updated from time to time). You acknowledge that we may process personal data in relation to you, that you have provided to us, or we have collected from you in connection with these Terms. Your personal data will be processed in accordance with the Privacy Notice, which shall form part of these Terms.
13.2. You represent and warrant that:
a. you acknowledge that you have read and understood our Privacy Notice.
b. our business changes regularly and our Privacy Notice will change also. Therefore, if from time to time we provide you with a replacement version of the Privacy Notice, you will promptly read the Privacy Notice.
14.1. We can make changes to these Terms and any terms and conditions incorporated by reference at any time and your continued use of the VIBE Platform constitutes your consent to such changes. Changes to these Terms will be published on our website and may also be notified to users by such other means as VIBE determines at its sole discretion.
14.2. Generally, we will try to notify users prior to changes to these Terms taking effect. However, we may occasionally need to make changes that are effective immediately, in which case users will be notified as soon as possible after the changes take effect. The circumstances in which changes to these Terms may take effect immediately may include, for example and without limitation, where:
a. the change is to address legal and/or regulatory requirements;
b. the changes are made to clarify the Terms.
14.3. If you do not wish to accept the changes, please cease to use the VIBE Platform. In absence of your ceasing to use the VIBE Platform, your continued access to or use of the VIBE Platform shall be deemed acceptance of the updated Terms.
14.4. We may also make changes to the fees charged from time to time, which may include introducing new fees and/or charges. If you do not wish to accept the changes, please cease to use the VIBE Platform. In absence of such cessation, your continued access to or use of the VIBE Platform shall be deemed acceptance of the updated Terms.
15.1. We may at any time modify or discontinue, temporarily or permanently, any portion or feature of the VIBE Platform. In particular, we may: (i) refuse to complete or block, cancel, or, where permitted by Applicable Law, reverse (the extent possible) any action you have undertaken; (ii) terminate, suspend, or restrict your access to any or all of the VIBE Platform; (iii) refuse to transmit information or instructions to third parties (including but not limited to third-party Wallet operators); and/or (iv) take whatever action we consider necessary, in each case with immediate effect and for any reason including, but not limited to where:
a. you are not, or are no longer, eligible to use the VIBE Platform;
b. we reasonably suspect that:
i. the person connecting to the VIBE Platform with your Wallet is not you, or we suspect that you have been or
will be using the VIBE Platform for any illegal, fraudulent, or unauthorised purposes;
ii. information provided by you is wrong, untruthful, outdated, or incomplete;
c. we have reasonable concerns in relation to your creditworthiness or financial status;
d. we reasonably consider that we are required to do so by Applicable Law, or any court or authority to which
we are subject in any jurisdiction;
e. we have determined or suspect:
i. that you have breached these Terms;
ii. that any activity is unauthorised, erroneous, fraudulent, or unlawful or we have determined or suspect
that the VIBE Platform or your Wallet are being used in a fraudulent, unauthorised, or unlawful manner;
iii. there is any occurrence of money laundering, terrorist financing, fraud or any other crime in connection
with your usage of the VIBE Platform;
f. the use of the VIBE Platform is subject to any pending, ongoing or threatened litigation, investigation, or
judicial, governmental or regulatory proceedings and/or we perceive a heightened risk of legal or regulatory
non-compliance associated with your usage of the VIBE Platform;
g. you owe amounts to us that are not satisfied, whether due to a chargeback or on any other basis;
h. you have taken any action that may circumvent our controls without our written consent; or
i. there is any other valid reason which means we need to do so.
We will take reasonable steps to provide you with appropriate notice.
15.2. You acknowledge and agree that:
a. the examples set out in clause 15.1 above of when we might take action to terminate, suspend, close or
restrict your access to the VIBE Platform is a non-exhaustive list; and
b. our decision to take certain actions, including, without limitations, to terminate, suspend, or restrict
your access to your usage of the VIBE Platform, may be based on confidential criteria that are essential to
our risk management and security protocols. You agree that we are under no obligation to disclose the details
of our risk management and security procedures to you.
15.3. Where we terminate, suspend, hold or restrict your access to the VIBE Platform:
a. if you have Instructions or Transactions that are open, they may be closed by you, or by us, depending on
the circumstances of the termination, suspension, hold, restriction or other action we take;
b. you authorise and grant us the right to deduct costs and fees directly from any assets in the Wallet that
you connected to the VIBE Platform.
15.4. If we are informed and reasonably believe that any Digital Assets in your Wallet are stolen or otherwise are not lawfully possessed by you (whether by error or otherwise), we may, but have no obligation to terminate your usage of the VIBE Platform. We will not become involved in any dispute, or the resolution of the dispute, relating to (i) any Digital Assets you have in your Wallet or may have used with regard to the VIBE Platform; or (ii) the Digital Assets on the VIBE Platform that may have been created, bought or sold using such Digital Assets.
All VIBE IP shall remain vested in VIBE or a VIBE Affiliate.
We grant to you a non-exclusive licence for the duration of these Terms, or until we suspend or terminate your usage of the VIBE Platform, whichever is sooner, to use the VIBE IP, excluding the Trade Marks, solely as necessary to allow you to access and use the VIBE Platform for non-commercial personal use, in accordance with these Terms.
18.1. You grant to us a perpetual, irrevocable, royalty-free, worldwide and non-exclusive licence to use the
User IP to the extent it:
a. forms part of, or is necessary for the use of, any Created IP; and
b. is necessary to allow us to provide you with access to the VIBE Platform, from time to time.
18.2. The licence granted by you under this clause includes our right to sub-licence to a third party to the extent required to enable us and any VIBE Affiliates to provide you with the services on the VIBE Platform, or any part of them.
19.1. The Created IP shall automatically vest in us from time to time on the date on which it is created.
19.2. You hereby assign to us (and agree to procure that any agents, representatives or contractors assign), with full title guarantee, title to all present and future rights and interest in the Created IP.
19.3. If requested to do so, you shall (and agree to procure that any agents, representatives or contractors shall), without charge to us, sign and/or execute all documents and do all such acts as we may require to perfect the assignments under this clause.
20.1. You agree and acknowledge that: (i) we are not responsible for any User Material (whether provided by you or by third parties) which may be used on, uploaded to or made available on the VIBE Platform; and (ii) use of any such User Material is at your own risk and that we do not provide any warranties in relation to the same.
20.2. We shall have the right at our sole and absolute discretion to remove, modify or reject any content that you submit to, post, use or display on the Platform (including any User Material) for any reason. We reserve the right to take any actions as we deem appropriate at our sole discretion, including giving a written warning to you, removing any User Material, recovering damages or other monetary compensation from you, suspending or terminating your access to the VIBE Platform. We shall also have the right to restrict or ban you from any and all future use of the VIBE Platform.
20.3. You agree that we may record any communications, electronic, by telephone, over video call, chat, VOIP or otherwise, that we have with you in relation to these Terms, and that any such record that we keep will constitute evidence of the communications between you and us. You agree that telephone conversations and video calls may be recorded so that we can respond to inquiries, ensure compliance with applicable laws, improve our services and provide customer support.
21.1. By using the VIBE Platform or carrying out any Transaction, and without prejudice to any other
restriction or limitation set out in these terms, you agree that you will not:
a. breach these Terms or any agreement entered into pursuant to, or in connection with, these Terms;
b. use the VIBE Platform in a manner that violates our Prohibited Use Policy;
c. use VIBE Platform for commercial purposes, including transactions on behalf of other persons or entities,
unless expressly agreed by us in writing;
d. use the VIBE Platform for anything which, in VIBE's sole opinion, is conduct designed to control or
artificially affect the price of any Digital Asset (market manipulation) including, without limitation, VIBE
and dump schemes, wash;
e. engage in fraudulent activities, or cause us to suspect that you have engaged in fraudulent activities or
Transactions;
f. undertake any activities or use the VIBE Platform in a manner that results in, or may result in,
complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties, or other liability to us, other
users, third parties, or yourself;
g. provide false, inaccurate or misleading information in connection with your use of the VIBE Platform, in
communications with us, or otherwise connected with these Terms;
h. (i) use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts,
algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any
part of the Platform, or replicate or bypass the navigational structure or presentation of the VIBE Platform
in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not
purposely provided by the VIBE Platform; (ii) attempt to access any part or function of the VIBE Platform
without authorisation, or connect to the VIBE Platform or any of our servers or any other systems or networks
of the VIBE Platform provided through the VIBE Platform by hacking, password mining or any other unlawful or
prohibited means; (iii) probe, scan or test the vulnerabilities of VIBE Platform or any network connected to
the VIBE Platform, or violate any security or authentication measures on the VIBE Platform or any network
connected to the VIBE Platform; (iv) track or seek to track any information of any other users or visitors of
the VIBE Platform; (v) take any actions that impose an unreasonable or disproportionately large load on the
infrastructure of systems or networks of the VIBE Platform, or the infrastructure of any systems or networks
connected to the VIBE Platform; (vi) use any devices, software or routine programs to interfere with the
normal operation of the VIBE Platform or any transactions on the VIBE Platform, or any other person's use of
the VIBE Platform; or (vii) forge headers, impersonate, or otherwise manipulate identification, to disguise
your identity or the origin of any messages or transmissions you send to us;
i. modify or adapt the whole or any part of the VIBE Platform or combine or incorporate the Platform into
another programme or application;
j. disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code, object code
underlying concepts, ideas and algorithms of the Platform or any components thereof;
k. modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble,
broadcast, publish, remove or alter any copyright statement or label, or licence, sub-licence, sell, mirror,
design, rent, lease, private label, grant security interests in such VIBE IP or any part of the intellectual
properties, or create derivative works or otherwise take advantage of any part of the VIBE IP;
l. facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage,
detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or information in
connection with the VIBE Platform;
m. (i) use an anonymizing proxy; (ii) use any device, software, or routine to interfere or attempt to
interfere with our Sites; and (iii) take any action that may cause us to lose any of the services from our
internet service providers, or other suppliers;
n. create, or purport to create, any security over your Digital Assets that may be on the VIBE Platform
without our prior written consent;
o. violate, or attempt to violate, (i) any Applicable Law; or (ii) our or any third party's copyright, patent,
trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or
privacy; and/or
p. access, use, or attempted to access or use, the VIBE Platform directly or indirectly with jurisdictions
VIBE has deemed high risk, including but not limited to Russia, Cuba, Iran, North Korea, or Syria or as may be
identified as being sanctioned as prescribed by United States of America, United Kingdom, European Union or
United Nations, including but not limited to those on the sanctions lists maintained by the U.S. Office of
Foreign Assets Control.
22.1. You hereby represent and warrant to us, at all times, the following:
a. all decisions made in connection with these Terms were solely and exclusively based on your own judgement
and after your own independent appraisal of your financial resources, ability and willingness to take relevant
risks and financial objectives;
b. you have full power, authority, and capacity to (i) access and use the VIBE Platform; and (ii) enter into
and deliver, and perform your obligations under these Terms and any agreement entered into pursuant to, or in
connection with, these Terms;
c. all consents, permissions, authorisations, approvals and agreements of third parties and all
authorisations, approvals, permissions, consents, registrations, declarations, filings with any Regulatory
Authority, governmental department, commission, agency or other organisation having jurisdiction over you
which are necessary or desirable for you to obtain in order to (i) access and use the VIBE Platform; and (ii)
enter into and deliver, and perform the Transactions contemplated under these Terms and any agreement entered
into pursuant to, or in connection with, these Terms, have been unconditionally obtained in writing, disclosed
to us in writing, and have not been withdrawn or amended;
d. you either (i) have valid, unconditioned and enforceable rights to use the images and Intellectual Property
Rights in any images that are uploaded to the VIBE Platform as part of the process to create Digital Assets;
or (ii) have obtained all necessary consents, permissions, licenses, and authorizations required to use the
images and Intellectual Property Rights in any images that are uploaded to the VIBE Platform as part of the
process to create Digital Assets, and such use in respect of the VIBE Platform does not and will not infringe,
misappropriate, or violate any Intellectual Property Rights of any third party.
e. these Terms and any agreement entered into pursuant to, or in connection with, these Terms constitute valid
and legally binding obligations, enforceable against you in accordance with their respective terms;
f. if you are a legal entity, you are duly incorporated, duly organised, and validly existing under the laws
of your jurisdiction and have full power to conduct your business; and
g. your access and use of the VIBE Platform, your execution and delivery of, and the performance of your
obligations under these Terms and any agreement entered into pursuant to, or in connection with, these Terms,
will not:
i. if you are a legal entity, partner in a partnership or trustee of a trust result in a breach of or conflict
with any provision of your constitution, articles of association, partnership agreement, trust deed or
equivalent constitutive documents;
ii. result in a breach of, or constitute a default under, any instrument, agreement, document or undertaking
to which you are a party or by which you or any of your property is bound or subject; and
iii. result in you, or cause us or any third party to, breach any Applicable Law, decree or judgement of any
court, or any award of any arbitrator or those of any governmental or Regulatory Authority in any
jurisdiction.
23.1. The VIBE Platform is provided on an "as is" and "as available" basis without any representation or warranty, whether express or implied, to the maximum extent permitted by Applicable Law. Specifically, we disclaim any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any representations or warranties that access to the VIBE Platform or any of the materials contained therein, will be continuous, uninterrupted, timely or error-free. This could result in the inability to trade on the VIBE Platform for a period of time and may also lead to time delays.
23.2. We may, from time to time, suspend access to the VIBE Platform, for both scheduled and emergency maintenance. We will make reasonable efforts to ensure that Transactions on the VIBE Platform are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing, which is dependent upon many factors outside of our control.
23.3. Although we make reasonable efforts to update the information on the Sites and the VIBE Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on VIBE Platform, is accurate, complete or up to date.
23.4. Links to third-party websites (including, without limitation, content, materials, and/or information in the third-party websites) may be provided as a convenience but they are not controlled by us. You agree that we are not responsible for any aspect of the content, materials, information or services contained in any third-party websites accessible or linked from the VIBE Platform.
23.5. You are responsible for obtaining the data network access necessary to access and use the VIBE Platform. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the VIBE Platform and any updates thereto. VIBE does not guarantee that the VIBE Platform, or any portion thereof, will function on any particular hardware or devices. The VIBE Platform may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
24.1. You hereby undertake and agree to indemnify us and hold us harmless upon demand from
and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any
third-party, governmental authority, or industry body, and all claims, liabilities, damages (actual and
consequential), losses (including any direct, indirect or consequential losses, loss of profit, loss of
reputation), costs, and expenses, including without limitation all interest, penalties and legal and other
reasonable attorneys' fees and other professional costs and expenses ("Losses"), arising out of or in any way
connected with:
a. your access to or use of the VIBE Platform;
b. your breach or alleged breach of these Terms or your contravention of any other clause or sub-clause of
these Terms;
c. your contravention of any Applicable Law; and
d. your violation of the rights (intellectual property or otherwise) of any third party.
24.2. You hereby irrevocably and unconditionally agree to release us from any and all claims and demands (and waive any rights you may have against us now or in future in relation to any Losses you may suffer or incur), arising directly or indirectly out of or in connection with any dispute that you have with any other user or other third party, directly or indirectly in connection with the use of the VIBE Platform or the subject matter of these Terms.
25.1. Neither we, nor any VIBE Affiliate has or will have any responsibility or liability for any loss suffered by you or any third party, except to the extent that such loss arises solely and directly as a result of wilful misconduct or actual fraud.
25.2. Without prejudice to the foregoing and notwithstanding any other clause in these Terms, in no event will the liability of us or any VIBE Affiliate in aggregate exceed the amount of fees paid by you to the VIBE Group for the transaction that it is claimed gave rise to the loss. Such sum shall be paid by us to you in full and final settlement and satisfaction of our and any VIBE Affiliate's entire liability for any and all losses and claims, howsoever arising, from the relevant events.
25.3. You acknowledge and agree that neither we nor any VIBE Affiliate is aware of any special circumstances pertaining to you, and that damages are an adequate remedy and that you shall not be entitled to any other claims or remedies at law or in equity, including but not limited to, any claim in rem, injunction, and/or specific performance.
25.4. Notwithstanding any other clause in these Terms, you hereby acknowledge and agree that
in no event will we or any VIBE Affiliate be responsible or liable to you or any other person or entity for:
a. any direct or indirect losses (including loss of profits, business or opportunities), damages, or costs,
whether arising out of or in connection with the VIBE Platform or otherwise, including but not limited to:
i. the operation of the protocols underlying any Digital Asset, their functionality, security, or
availability;
ii. any action or inaction in accordance with these Terms;
iii. any inaccuracy, defect or omission of Digital Assets price data, any error or delay in the transmission
of such data, and interruption in any such data;
iv. regular or unscheduled maintenance we carry out including any service interruption and change resulting
from such maintenance;
v. the theft of a device enabled to access and use the VIBE Platform;
vi. other users' actions, omissions or breaches of these Terms, and any damage caused by actions of any other
third parties;
vii. (1) for any damage or interruptions caused by any computer viruses, spyware, or other malware that may
affect your computer or other equipment, or any phishing, spoofing, or other attack; (2) in the event that
your hardware fails, is damaged or destroyed or any records or data stored on your hardware are corrupted or
lost for any reason; or (3) for your use of the internet to connect to the VIBE Platform or any technical
problems, system failures, malfunctions, communication line failures, high internet traffic or demand, related
issues, security breaches or any similar technical problems or defects experienced;
viii. any termination, suspension, hold or restriction of access to the VIBE Platform;
ix. the failure of a Transaction or the length of time needed to complete any Transaction;
x. our refusal or delay in acting upon any Instruction;
xi. any breach of security of either your Wallet, email, personal social media or personal hardware or the
VIBE Platform;
xii. losses suffered by you as a result of third party action, including third party fraud or scams that
involve the VIBE Platform only as the recipient of your Digital Assets and/or purchase or sale of Digital
Assets;
xiii. losses suffered by you as a result of the conversion of Digital Assets away from our platform;
xiv. any losses arising or in connection with new offerings of Digital Assets, initial coin offerings (ICOs);
xv. the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing
or continued availability of the VIBE Platform or for delays or omissions of the VIBE Platform, or for the
failure of any connection or communication service to provide or maintain your access to the VIBE Platform, or
for any interruption in or disruption of your access or any erroneous communications between us, regardless of
cause; and
xvi. any Transactions, Instructions, or operations effected by you or purported to be effected by you on the
VIBE Platform;
b. any loss of business, profits, anticipated savings or opportunities, or any special, punitive, aggravated,
incidental, indirect or consequential losses or damages, whether arising out of or in connection with the VIBE
Platform, these Terms and/or any agreement entered into pursuant to, or in connection with, these Terms or
otherwise;
c. any losses or damages you may incur due to Manifest Error and/or in the event of extreme market volatility
and/or as a result of any cancellation/amendment of any Transactions, howsoever arising, whether direct or
indirect, special or consequential, including, but not limited to, loss of profit and loss of opportunity even
if any member of the VIBE Group was aware of the possibility of such loss or damage arising or if such loss or
damage was reasonably foreseeable; and/or
d. any losses forming part of a Claim that has not been commenced by way of formal legal action within one
calendar year of the commencement of the matter giving rise to the Claim. To the extent that this sub-clause
is prohibited by law, the minimum period applicable under the applicable law shall apply instead.
25.5. We are not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us. You and, where relevant, your Permitted Users are responsible for all access credentials and must keep such details safe at all times.
Aside from where Applicable Law requires or provides you with a choice otherwise, these Terms (including this arbitration agreement) shall be governed by, and construed in accordance with, the laws of England.
27.1. Please contact VIBE first if you have any concerns with the Services. We would like to address your concerns without resorting to formal legal proceedings, if possible. We will attempt to resolve the dispute internally as soon as possible. The parties agree to negotiate in good faith for a period of one month to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).
27.2. In the event the dispute cannot be resolved satisfactorily, and you wish to assert a Claim against VIBE, then you agree to set forth the basis of such Claim in writing in a "Notice of Claim," as a form of prior notice to VIBE. The Notice of Claim must (i) describe the nature and basis of the claim or dispute, (ii) set out the specific relief sought, (iii) include your Wallet reference. The Notice of Claim should be submitted to Customer Support. After you have provided the Notice of Claim to VIBE, the dispute referenced in the Notice of Claim may be submitted by either VIBE or you to arbitration in accordance with the below clause (Agreement to Arbitrate).
27.3. For the avoidance of doubt, the submission of a dispute to VIBE for resolution internally and the delivery of a Notice of Claim to VIBE are prerequisites to commencement of an arbitration proceeding (or any other legal proceeding).
27.4. During the arbitration, the amount of any settlement offer made by you or VIBE shall not be disclosed to the arbitrator.
27.5. Aside from where Applicable Law requires or provides you with a choice otherwise, you and VIBE agree that, subject to the immediately preceding clause above (Notice of Claim and Dispute Resolution Period), any Claim shall be determined by mandatory final and binding individual (not class) arbitration administered by the London Court of International Arbitration ("LCIA") in accordance with the LCIA Rules for the time being in force, which rules are deemed incorporated by reference in this clause.
27.6. The seat of arbitration shall be London.
27.7. Tribunal shall consist of one arbitrator to be appointed in accordance with the LCIA Rules for the time being in force.
27.8. The language of the arbitration shall be in English.
27.9. You and VIBE further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope or validity of the Agreement to Arbitrate, or to the arbitrability of any Claim
27.10. The arbitration provisions set forth in this clause will survive termination of these Terms.
27.11. Any arbitration against VIBE must be commenced by filing and serving a Notice of Arbitration in accordance with the LCIA Rules within one year after the date that the user asserting the Claim first found out or reasonably should have found out the alleged act, omission or default giving rise to the Claim ("Limitation Period"). For the avoidance of doubt, the Limitation Period shall include the Dispute Resolution Period set out at clause 27.1. There shall be no right to any remedy or relief for any Claim by the user if the Notice of Arbitration in respect of that Claim is not filed and served on VIBE within that Limitation Period. If the Limitation Period is contrary to applicable law, the user shall be required to bring any Claim against VIBE within the shortest time period permitted by the applicable law. A Notice of Arbitration should be served on VIBE in accordance with the Applicable Laws and rules of service.
27.12. The parties agree that the arbitration shall be kept confidential. The existence of
the arbitration, the existence or content of the Claim, all documents and information provided or exchanged in
connection with the arbitration, and any submissions, orders or awards made in the arbitration shall be kept
confidential and no party shall disclose any of the foregoing to any third party except the tribunal, the
LCIA, the parties, their counsels, experts, witnesses, accountants and auditors, insurers and reinsurers, and
any other persons necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may
disclose such confidential information:
a. if the written consent of the other party is obtained;
b. to the extent required by applicable law or by the regulations of any regulatory or supervisory authority
of competent jurisdiction to which the party is or may become subject to or pursuant to any order of court or
other competent authority or tribunal of competent jurisdiction;
c. in connection with the commencement, pursuit or defence by a party of any bona fide legal proceedings to
enforce or challenge any award rendered in the arbitration; and
e. to the extent that the relevant confidential information is in the public domain otherwise than by breach
of this agreement.
27.13. This term of confidentiality in this clause shall survive termination of these Terms and conclusion or stay of any arbitration brought pursuant to these Terms.
You and VIBE agree that any Claims shall be brought against VIBE in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You further agree to waive any right for such Claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of VIBE.
29.1. If you have questions, feedback or complaints you can contact us via our Support team through https://intercom.help/VIBEfun-web/en 29.2. We will contact you using the details you provide to us or that we may reasonably find, such as via directly messaging you on X (formerly known as Twitter).
30.1. You must comply with all Applicable Law, licensing requirements and third party rights (including data privacy laws and anti-money laundering and countering the financing of terrorism laws) in your use of the VIBE Platform.
30.2. We may give notice to you by electronic means (including but not limited to Telegram or direct message over social media). Notices may be given, and are deemed to be received, whether or not a notice of delivery failure is received. You may give us notices only as we direct, which may change from time to time. Any notices, consent or other communication given under these Terms must be in writing, in English, and signed or otherwise authorised by the party giving it.
30.3. All official announcements and news will be broadcast on X (formerly known as Twitter) from the official VIBE account. These announcements are important, and may relate to issues that may impact the value of your Digital Assets, or their security. You are responsible for monitoring the VIBE Platform and reading and considering these announcements.
30.4. The Terms constitute the whole agreement between you and us with respect to the VIBE Platform. Each party acknowledges that it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in the Terms.
30.5. You may not assign or transfer any of your rights or obligations under the Terms without our prior written consent, which may, in some cases, require additional information to be provided or enhanced due diligence to be performed. However, we may assign or transfer any of our rights or obligations under the Terms at any time to anyone else, including, without limitation, in connection with any merger, acquisition, or other corporate reorganisation involving VIBE.
30.6. If, at any time, any clause or sub-clause of the Terms is or becomes illegal, invalid, or unenforceable in any respect, neither the legality, validity or enforceability of the remaining clauses or sub-clauses will in any way be affected or impaired.
30.7. You agree that we may record any telephone, email and chat conversations with you, as well as any other forms of communications, including communication used to give Instructions or effect Transactions, between you and us, and that the recordings may be used as evidence in any proceedings relating to any agreement with you. These records will be our sole property.
30.8. These Terms may be translated into a language other than the English language. Any such translation is provided solely for your convenience. In the event of inconsistency or ambiguity, the English text will prevail.
30.9. Other than in relation to VIBE Affiliates, nothing expressed or referred to in these Terms will be construed to give any person other than the parties to these Terms any legal or equitable right, remedy, or claim under or with respect to these Terms or any clause or sub-clause of these Terms. The Terms and all of its clauses and sub-clauses are for the sole and exclusive benefit of the parties to these Terms and their successors and permitted assigns.
30.10. All clauses and sub-clauses of these Terms, which by their nature extend beyond the expiration or termination of these Terms, will continue to be binding and operate after the termination or expiration of these Terms.
30.11. VIBE is not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
30.12. We will not be liable for any delay or failure to perform as required by these Terms to the extent the delay or failure is caused by a Force Majeure Event.
30.13. No delay or omission by us in exercising any right or remedy under the Terms will operate as a waiver of the future exercise of that right or remedy or of any other rights or remedies under the Terms. The rights and remedies provided in the Terms are cumulative and not exclusive of any rights or remedies provided by Applicable Law.
30.14. In addition to any legal or other remedy available under the Terms or by law, we may set-off any amounts you owe to us under the Terms or otherwise. You must pay all sums that you owe to us free and clear without any set-off, counterclaim, deduction or withholding of any kind, save as may be required by Applicable Law.
30.15. If you receive information about another user through the VIBE Platform, you must keep the information confidential and only use it in connection with your usage of the VIBE Platform and always in accordance with Applicable Law. You must not disclose or distribute any user information to a third party or use the information in any manner except as reasonably necessary to effect a Transaction.
30.16. Where you have breached these Terms, VIBE may publish, or otherwise provide its users with details of the breach, including any information that you have provided VIBE. VIBE may only do so where it determines that doing so is necessary for the protection of other users, and consistent with Applicable Law.
30.17. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report, and remit the correct tax to the appropriate tax authority. You agree that we are not responsible for determining whether any taxes apply to your use of the VIBE Platform or for collecting, reporting or remitting any taxes arising from any Transaction or use of the VIBE Platform.
31.1. The Wallet that may be provided via the VIBE mobile phone app is provided by Privy.io and shall remain the responsibility of Privy.io and you.
31.2. None of VIBE or its affiliates shall be responsible for the operation or features of the Wallet or be liable for any losses or damage incurred or suffered directly or indirectly as a result of using the Wallet.
In these Terms:
32.1. clause headings and numbering are for convenience only and do not affect the meaning,
priority or interpretation of any clause or sub-clause of these Terms;
32.2. the words "include" or "including" shall mean including without limitation and include without
limitation respectively;
32.3. any undertaking to do or not do a thing shall be deemed to include an undertaking not to permit or
suffer the doing of that act or thing;
32.4. words importing the singular include the plural and vice versa and words importing a gender include any
gender;
32.5. any reference to a document is to that document as amended, varied or novated from time to time
otherwise than in breach of these Terms or that document; and
32.6. in the event of inconsistency between these Terms (including any documents referred to in these Terms)
the inconsistency shall be solved by giving such provisions and documents the following order of precedence:
(1) the Privacy Notice; and
(2) these Terms.
32.7. except where the context requires otherwise, the following terms shall have the following meanings:
"Activity History" means the record of your Transactions and activity on the VIBE Platform.
"Applicable Law" means all relevant or applicable statutes, laws (including rules of common law), principles
of equity, rules, regulations, regulatory principles and requirements, notices, orders, writs, injunctions,
judgements, bye-laws, rulings, directives, proclamations, circulars, mandatory codes of conduct, guidelines,
practice notes and interpretations (whether of a governmental body, regulatory or other authority), that are
applicable to the provision, receipt or use of the VIBE Platform, or any other products or deliverables
provided, used or received in connection with the VIBE Platform.
"Backed Digital Assets" means Digital Assets that purport to be backed by or otherwise tied or pegged in value
to another asset, including but not limited to Digital Assets, fiat currency or commodities.
"Claim" means any dispute, claim, difference or controversy between you and VIBE (and/or any VIBE Affiliates)
arising out of, in connection with, or relating in any way to:
a. these Terms including their existence, validity, subject matter, interpretation, performance, breach,
negotiation, termination, enforceability or the consequences of their nullity;
b. your relationship with VIBE (and/or any VIBE Affiliates) as a user (whether based in contract, tort,
statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the
termination of these Terms); or
c. any non-contractual obligations arising out of or relating to these Terms or your relationship with VIBE
(and/or any VIBE Affiliates).
"Control" means the power of a person to secure that the affairs of another are conducted in accordance with
the wishes of the first person whether by means of:
a. in the case of a company, being the beneficial owner of more than 50% of the issued share capital of or of
the voting rights in that company, or having the right to appoint and remove a majority of the directors or
otherwise control the votes at board meetings of that company by virtue of any powers conferred by the
organisational documents, shareholders' agreement, a majority of the board of directors or any other document
regulating the affairs of that company or by any other means; or
b. in the case of a partnership, being the beneficial owner of more than 50% of the capital of that
partnership, or having the right to control the composition of or the votes to the majority of the management
of that partnership by virtue of any powers conferred by the partnership agreement or any other document
regulating the affairs of that partnership or by any other means.
"Created IP" means any Intellectual Property Rights created by you pursuant to these Terms, including the User
Materials, but excluding any other User IP.
"Digital Assets" means a digital representation of value or rights which may be transferred and stored
electronically, using distributed ledger technology or similar technology, including, but not limited to,
cryptocurrencies, stablecoins, non-fungible tokens and tokenised derivatives of any other digital asset.
"Force Majeure Event" means:
a. any fire, strike, riot, civil unrest, terrorist act, war or industrial action;
b. any natural disaster such as floods, tornadoes, earthquakes and hurricanes;
c. any epidemic, pandemic or public health emergency of national or international concern;
d. any act or regulation made by a government, supra national body or authority that we believe stops us from
providing services on the VIBE Platform;
e. the suspension or closure of any VIBE Affiliate;
f. the imposition of limits or unusual terms by a government on any Digital Assets traded on the VIBE
Platform;
g. technical failures in transmission, communication or computer facilities including power failures and
electronic or equipment failures;
h. the failure of any supplier, intermediate broker, agent, principal custodian, sub-custodian, dealer,
exchange, staking platform, liquidity pool, bridge provider, issuer of a Backed Digital Asset, market maker,
clearing house or regulatory organisation to perform its obligations to us;
i. any labour or trade disputes, strikes, industrial actions or lockouts (other than in each case by VIBE or
the VIBE Affiliates); and/or
j. an event which significantly disrupts the market for Digital Assets, which could include excessive
movements in the price, supply or demand of a Digital Asset, whether regulated or unregulated.
"Improper Intent" means intent or behaviour where VIBE reasonably believes or determines that there may be or
has been actual or suspected market manipulation and market abuse on your part, including (without
limitation), capitalising on opportunities where the executable price of a Transaction does not reflect
prevailing market rates, or taking unfair advantage of the way in which prices may appear on the VIBE
platform.
"Instruction" means any instruction, request, or order submitted to the VIBE Platform by you to execute any
Transaction, through such medium and in such form and manner as VIBE may require and "Instruct" shall be
construed accordingly.
"Intellectual Property Rights" means: (i) copyright, patents, database rights and rights in trade marks,
designs, know-how and confidential information (whether registered or unregistered); (ii) applications for
registration, and rights to apply for registration, of any of the foregoing rights; and (iii) all other
intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.
"List of Prohibited Countries" means countries or jurisdictions VIBE has deemed high risk, including but not
limited to, Cuba, Iran, North Korea, Syria, Russia or as may be identified as being sanctioned as prescribed
by United States of America, United Kingdom, European Union or United Nations, including but not limited to
those on the sanctions lists maintained by the U.S. Office of Foreign Assets Control.
"Losses" has the meaning given to it in Clause 24.1.
"Manifest Error" means any error or omission (whether an error of VIBE or any third party) which is manifest
or palpable, including a misquote by any representative of VIBE or a VIBE Affiliate taking into account the
current market, or any error of any information, source, official, official result or pronunciation.
"Network Event" means in relation to a Digital Asset, any event in respect of the blockchain or the smart
contract that underlies a Digital Asset, which is beyond VIBE's control, and results in either (a) a loss of
control or ownership by VIBE or a third party of any amount of such Digital Asset; or (b) transaction records
on the blockchain being altered, reversed or otherwise invalidated, whether by way of a fraudulent act or
consensus, which shall include without limitation any double spending attack, "51-percent attack", or
blockchain reorganisation, in each case as determined by VIBE in good faith and in its sole discretion.
"Privacy Notice" means the privacy notice located at https://VIBE.COM/.
"VIBE Affiliates" means any other person or entity that is officially affiliated or related to the creation or
operation of the VIBE Platform.
"VIBE IP" means the Created IP and all other Intellectual Property Rights owned by or licensed, on a
sub-licenseable basis, to us as at the date of the Terms and any other Intellectual Property Rights owned or
acquired by or licensed, on a sub-licenseable basis, to us after the date of these Terms, and which are
provided by us to you in the course of providing you with usage of the VIBE Platform.
"VIBE Platform" means the digital platform that we or any of the VIBE Affiliates may make accessible to you.
"Regulatory Authority" means any foreign, domestic, state, federal, cantonal, municipal or local governmental,
executive, legislative, judicial, administrative, supervisory or regulatory authority, agency,
quasi-governmental authority, court, commission, government organisation, self-regulatory organisation having
regulatory authority, tribunal, arbitration tribunal or panel or supra-national organisation, or any division
or instrumentality thereof, including any tax authority.
"Security Breach" means any security incident (including a cyber-security attack) affecting you and/or VIBE or
the VIBE Platform.
"Sites" means our Website and any other websites, pages, features, or content we own or operate.
"Terms" means these terms of use, together with any other documents expressly incorporated by reference in
each case as amended or supplemented from time to time.
"Trade Marks" means the Intellectual Property Rights in the trade marks, service marks and logos used and
displayed on or through the VIBE Platform and/or the Sites.
"Transaction" means the creation, selling, purchasing of Digital Assets.
"User IP" means the Intellectual Property Rights owned by or licensed to you as at the date of these Terms and
any other Intellectual Property Rights owned or acquired by or licensed to you after the date of these Terms,
excluding VIBE IP.
"User Materials" means the Intellectual Property Rights in any images, posts, information, data, and comments
you or other users provide to us on the VIBE Platform in the comments section, through use of the VIBE
Platform, or otherwise. For the avoidance of doubt, this does not include Intellectual Property Rights in any
images used for the creation of Digital Assets.
"Wallet" means the digital asset wallet that you connect to the platform, whether provided by Privy via the
app or a digital asset wallet that you have otherwise obtained.
"Website" means the website located at www.VIBE.COM.
Purpose: To cultivate a social environment on VIBE fun that preserves creativity and freedom of expression and encourages meaningful engagement amongst users, free of illegal, harmful, and negative interactions. We consider this moderation policy to be a living document and may update it in the future and in response to feedback from the community, moderators, policy experts, and other stakeholders.
Streams containing any of the following are prohibited and subject to immediate termination and suspension of future access to VIBE fun livestreams or to VIBE fun itself:
• Violence: Graphic violence, threats, glorification of violent acts, or content promoting
self-harm
• Harassment: Targeted abuse, bullying, or coordinated harassment campaigns
• Sexual Content: Pornography, nudity without context, sexual exploitation, or the promotion of
sexual violence
• Under Age Use: Livestreaming by anyone under the age of 18.
• Youth Endangerment: Content promoting or constituting child sexual abuse material (“CSAM”), or
content that promotes or depicts the sexual exploitation or grooming of children. All CSAM discovered on the
platform will be reported to law enforcement, where possible.
• Illegal Activities: Content promoting illicit behavior or violations of the law
• Privacy Violations: Sharing personal information without consent, doxxing (i.e. the unauthorized
association of a person’s identity with their online handle or persona), or unauthorized broadcasting of
private individuals’ likenesses
• Copyright Violations: Unauthorized broadcasting of protected content, trademarked content or the
use of intellectual property belonging to another person without permission
• Terrorism or Violent Extremism: Glorification of or encouragement of acts which would cause harm to
others or significant harm to property
Aside from the prohibitions listed above, VIBE fun does not intend to universally define what content is ‘appropriate’ or ‘inappropriate.’ There is an implicit assumption that some content - perhaps much content - generally defined as NSFW will in fact appear on VIBE fun. VIBE fun reserves the right to unilaterally determine the appropriateness of content where necessary and to moderate it accordingly.
Violation of this policy may result in termination of livestreams and user account(s). This policy is enforced at the sole discretion of VIBE.COM. While our moderators work diligently to ensure that this policy is not violated, we may not discover every violation of this policy. The publication of material which violates this policy and is not discovered by our moderators does not constitute a waiver of our right to enforce this policy, in its entirety, to any subsequently posted content. Content determined to violate these rules will be removed. VIBE fun reserves the right to ban any user violating these rules and to make appropriate referrals to law enforcement if any posted content violates the law.
• Follow the moderation policy
• Review moderation guidelines before streaming sensitive topics
We acknowledge that mistakes may be made in enforcing this policy and, to the extent a user believes that their content has been mistakenly removed and does not violate this policy, such user may appeal the removal of their content by contacting “VIBE support” via the link on the VIBE.COM homepage. However, VIBE fun retains the ultimate discretion to determine whether content violates this policy.