Effective Date: October 23, 2019

CatchVybz Website and Mobile App Terms of Use

Welcome to the website www.catchvybz.com and the CatchVybz mobile app (collectively the “Apps”). The Apps are operated by CatchVYBZ, Inc. (“we”, “us” or “Vybz”).  By accessing or using the Apps you (you are referred to hereafter as “User”, “you” or “your”) signify that you have read, understand and agree to be bound by these Terms of Use.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and we will indicate at the top of this page the date upon which the most recent version of these terms became effective. Your continued use of the Apps after any such changes constitutes your acceptance of the new Terms of Use.

If you do not agree to abide by these or any future Terms of Use or the Privacy Policy, do not use or access (or continue to use or access) the Apps. It is your responsibility to regularly check the Apps to determine if there have been changes to these Terms of Use and to review such changes.

Please read these Terms of Use carefully, as they contain important information regarding your legal obligations, remedies, and rights, including various limitations and exclusions.

We reserve the right to withdraw or amend the Apps, and any service or material we provide on the Apps, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Apps is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Apps, or the entire Apps, to users.

Proprietary Rights in the Apps

All content on the Apps, including designs, computer code, text, graphics, pictures, music, sound, and other works and their selection and arrangement (collectively, the “Apps Content”) is the property of CatchVybz, its licensors, or other Users. No Apps Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without CatchVybz’s prior written permission. You are granted a limited license to access and use the Apps and the Apps Content in accordance with these Terms of Use, including any member areas to which you have properly gained access, solely for your personal, non-commercial use. You may not upload or republish Apps Content on any Internet, intranet or extranet site or incorporate the information in any other database or compilation.  Any use of the Apps Content outside this limited license is strictly prohibited. Such license does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights.

Wireless Features

The Apps or a mobile application associated with the Apps may offer certain features and services that are available to you via your wireless Internet Device.  These features and services may include the ability to access the Apps’ features, and the ability to upload content to the Apps or associated applications, receive messages from the Apps or any associated app, and download applications to your wireless Internet device (collectively, “Wireless Features”).  Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Internet Device. You should check with your carrier to find out what plans are available and how much they cost.  Contact your carrier with questions regarding these issues.

You agree that as to the Wireless Features for which you are registered for, we may send communications to your wireless device regarding us or other parties.  Further, we may collect information related to your use of the Wireless Features.  If you have registered via the Apps or via an associated app for Wireless Features, then you agree to notify CatchVybz of any changes to your wireless contact information (including phone number) and update your accounts for the Apps to reflect the changes.

Prohibited Conduct

You may not use the Apps for any unlawful purpose.  You may not use the Apps in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Apps, including their ability to engage in real time activities through the Apps.           

You may not use any robot, spider, scraper, automated scripts or other automated means to access the Apps or content or services provided on the Apps for any purposes. You shall not attempt to make the Apps unavailable through denial-of-service attacks or similar means or use the Apps in a manner that could damage, disable, or impair the Apps.

CatchVybz may disable your access to the Apps at any time, for any or no reason, and without notice to you.

Privacy

You agree that you have read, understood and accept the terms of CatchVybz’s Privacy Policy. This policy governs the collection, use and sharing of personal and non-personal information from you when using the Apps.

Your Linking to the catchzybz.com Website

You are granted a limited, non-exclusive right to create a hyperlink to the catchvybz.com website provided such link does not portray CatchVybz or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and does not create the appearance of affiliation with or sponsorship by CatchVybz.  You may not use any logo or other proprietary graphic, wordmark, designmark, or trademark of CatchVybz to link to any page of the Apps without the express written permission of CatchVybz.  This limited right may be revoked at any time.

Links to Other Websites

The Apps may contain links to other websites that are not under the control of CatchVybz.  The inclusion of any link does not imply endorsement by CatchVybz of such site and CatchVybz is not responsible for the content of such linked sites. If you decide to leave the Apps and access a third-party website, you do so at your own risk.

Disclaimer of Warranties

The Apps, Apps Content and the other content and services made available on or via the Apps are provided on an “as is” and “as available” basis.  CatchVybz does not make and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to the Apps, the Apps Content, or any advice or services provided through the Apps to the extent permitted by law.  CatchVybz does not warrant that access to the Apps or Apps Content will be uninterrupted or error-free, that defects in the site will be corrected, or that the Apps is free from viruses or other harmful components.

You expressly agree that use of the Apps, including all content, data or software distributed by, downloaded or accessed from or through the Apps, is at your sole risk.

Limitation of Liability

Under no circumstances shall CatchVybz, its partners, contributors, agents, employees, directors, or affiliates be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages (even if it has been advised of the possibility of such damages), including but not limited to such damages for lost data, due to your use of this Apps or due to your reliance on any of the content contained or the services provided on or through the Apps.

Indemnification

You agree to indemnify and hold harmless CatchVybz, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising out of, resulting from, or alleged to result from your use of the Apps or your violation of these Terms of Use, including, but not limited to, any use of the Apps’ Content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Apps.

Comments and Suggestions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Apps or the service provided on the Apps (“Comments”), provided by you to CatchVybz are non-confidential and that CatchVybz shall be entitled to the unrestricted use and dissemination of these Comments for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Governing Law and Venue

These Terms of Use shall be governed by the laws of the Commonwealth of Massachusetts and the applicable federal laws of the United States of America.  All disputes arising under, or in any way connected with membership in or use of the Apps, shall be litigated exclusively in the state and federal courts residing in Massachusetts, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in Massachusetts.

Miscellaneous Terms

The V Logo and CATCHVYBZ are trademarks of Vybz.  You agree not to display or use these trademarks in any manner without CatchVybz’s prior, written permission.

CatchVybz may assign this agreement at any time. You may not assign or transfer this agreement.

If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

The failure of CatchVybz to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in any that or any instance.

These Terms of Use, our Privacy Policy, and any additional User Agreement relating to your use of the Apps constitute the sole and entire agreement between you and CatchVybz regarding the Apps and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Apps.

No waiver by CatchVybz of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CatchVybz to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Effective Date

These Terms of Use were last revised on [month] [date], 2019.

Contact Us

If you have any questions or suggestions regarding these Terms of Use, please contact CatchVybz at support@catchvybz.com

©2019 CatchVYBZ, Inc.

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