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USER TERMS AND CONDITIONS

Effective Date: January 16, 2025

Last Updated: January 16, 2025

Company: E&EL Global Inc. (d/b/a nYtevibe)

Contact: legal@nytevibe.com

1. ACCEPTANCE OF TERMS

By creating an account on the nYtevibe platform ("Platform"), you ("User," "you," or "your") agree to be bound by these User Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not use the Platform.

2. DEFINITIONS

  • "Company" means E&EL Global Inc., a Delaware corporation, doing business as nYtevibe
  • "Platform" means the nYtevibe venue discovery and booking platform
  • "Services" means all services provided through the Platform, including venue discovery, booking, reviews, and user features
  • "Venues" means restaurants, bars, clubs, and other entertainment establishments listed on the Platform
  • "Content" means any information, data, text, images, videos, or other materials you provide to the Platform
  • "Account" means your user account on the Platform

3. ACCOUNT REGISTRATION

3.1 Account Requirements

To use the Platform, you must:

  • Be at least 18 years old (or the age of majority in your jurisdiction)
  • Provide accurate and complete registration information
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized use of your account

3.2 Account Information

You represent and warrant that all information provided during registration is:

  • Accurate, complete, and current
  • Not misleading or deceptive
  • Owned by you or you have the right to use it
  • Compliant with all applicable laws and regulations

3.3 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any security breaches
  • Using strong, unique passwords

4. USER CONDUCT

4.1 Permitted Use

You may use the Platform to:

  • Discover and explore venues
  • Make reservations and bookings
  • Leave reviews and ratings
  • Access venue information and promotions
  • Use features available to your account type

4.2 Prohibited Activities

You may not:

  • Use the Platform for any illegal or unauthorized purpose
  • Violate any applicable laws or regulations
  • Infringe on the rights of others
  • Transmit harmful or malicious code
  • Attempt to gain unauthorized access to the Platform
  • Use automated systems to access the Platform without permission
  • Impersonate any person or entity
  • Harass, abuse, or harm other users
  • Post false, misleading, or deceptive content

5. BOOKING AND RESERVATIONS

5.1 Booking Process

  • Bookings are subject to venue availability
  • You must provide accurate booking information
  • Cancellation policies vary by venue
  • We are not responsible for venue service quality

5.2 Payment Processing

  • Payments are processed through secure third-party providers
  • All transactions are subject to venue terms
  • Refunds are handled according to venue policies
  • We may charge service fees as disclosed

6. REVIEWS AND RATINGS

6.1 Review Guidelines

When leaving reviews, you must:

  • Base reviews on actual experiences
  • Be honest and constructive
  • Not include personal information
  • Follow our review guidelines

6.2 Review Content

Reviews must not contain:

  • False or misleading information
  • Personal attacks or harassment
  • Spam or promotional content
  • Content that violates our standards

7. PRIVACY AND DATA PROTECTION

7.1 Data Collection

We collect and process your personal data as described in our Privacy Policy, including:

  • Account information and preferences
  • Booking history and preferences
  • Location data (with your consent)
  • Communication preferences
  • SMS opt-in preferences

7.2 SMS Communications

If you opt-in to SMS communications, you may receive:

  • Security & Authentication SMS: Two-factor authentication codes, password reset codes, account security alerts
  • Service Notifications SMS: Booking confirmations, event updates, promotional messages

You can opt-out of SMS communications at any time by:

  • Replying "STOP" to any SMS message
  • Updating your preferences in your account settings
  • Contacting our support team

8. INTELLECTUAL PROPERTY

8.1 Platform Content

The Platform and its content are owned by nYtevibe and protected by intellectual property laws. You may not:

  • Copy, modify, or distribute our content
  • Use our trademarks without permission
  • Reverse engineer our systems
  • Create derivative works

8.2 Your Content

You retain ownership of content you post, but grant us a license to:

  • Display your content on the Platform
  • Use your content for Platform operations
  • Modify your content for technical purposes
  • Remove your content if it violates our terms

9. FEES AND PAYMENTS

9.1 Service Fees

  • Some features may require payment
  • Fees are clearly disclosed before purchase
  • All fees are non-refundable unless otherwise stated
  • Prices may change with notice

9.2 Payment Methods

We accept various payment methods including:

  • Credit and debit cards
  • Digital wallets
  • Bank transfers (where available)
  • Other methods as disclosed

10. ACCOUNT TERMINATION

10.1 Termination by You

You may terminate your account at any time by:

  • Using the account deletion feature
  • Contacting our support team
  • Following the procedures in your account settings

10.2 Termination by Us

We may terminate your account if:

  • You violate these Terms
  • You engage in fraudulent activities
  • You provide false information
  • We discontinue the Platform

11. DISCLAIMERS AND LIMITATIONS

11.1 Service Availability

  • We do not guarantee uninterrupted service
  • The Platform may be temporarily unavailable for maintenance
  • We are not responsible for third-party service interruptions
  • Features may be modified or discontinued

11.2 Venue Services

  • We are not responsible for venue service quality
  • Venue information is provided by venues themselves
  • We do not guarantee venue availability or accuracy
  • Disputes with venues should be resolved directly

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NYTEVIBE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING FROM OR RELATING TO YOUR USE OF THE PLATFORM.

11.4 No Warranties

THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless nYtevibe and its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

  • Your use of the Platform
  • Your violation of these Terms
  • Your violation of any applicable laws or regulations
  • Your violation of any third-party rights

13. DISPUTE RESOLUTION

13.1 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes arising from these Terms will be resolved through:

  • Good faith negotiations
  • Mediation if negotiations fail
  • Binding arbitration if mediation fails
  • Courts of competent jurisdiction as last resort

14. GENERAL PROVISIONS

14.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and nYtevibe regarding the Platform.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

14.3 Modifications

We may modify these Terms at any time. Material changes will be communicated with 30 days' notice. Continued use of the Platform after changes constitutes acceptance of the modified Terms.

14.4 Contact Information

For questions about these Terms, please contact:

  • Email: legal@nytevibe.com
  • Address: E&EL Global Inc., 16192 Coastal Highway, Lewes, DE 19958

15. SMS OPT-IN TERMS

15.1 SMS Consent

By opting into SMS communications, you consent to receive text messages from nYtevibe at the phone number you provide. Message and data rates may apply.

15.2 SMS Types

You may opt-in to receive:

  • Security SMS: Two-factor authentication codes, password resets, security alerts
  • Service SMS: Booking confirmations, event updates, promotional messages

15.3 SMS Opt-Out

You can opt-out of SMS communications at any time by:

  • Replying "STOP" to any SMS message
  • Updating your preferences in your account settings
  • Contacting support at legal@nytevibe.com

15.4 SMS Frequency

  • Security SMS: As needed for account security
  • Service SMS: Up to 10 messages per month
  • You can adjust frequency in your account settings

By creating an account on the nYtevibe Platform, you acknowledge that you have read, understood, and agree to be bound by these User Terms and Conditions.

E&EL Global Inc. (d/b/a nYtevibe)

16192 Coastal Highway, Lewes, DE 19958

Email: legal@nytevibe.com

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