The effective date of this agreement is January 8, 2008.
This agreement contains the terms and conditions (the “Terms of Use”) under which VTIP Entertainment, LLC d/b/a V-TIP.COM ("V-TIP.COM", "we" or "us") offers you (the “user” or “you”), access to its website www.V-TIP.COM (the “Site”) and our Services (as defined below). Among other things, these Terms of Use describe the user’s responsibilities and limit our liability. Before using any of the Services, please read all these Terms of Use and the Site carefully. In the event of any conflict between these Terms of Use and any other provisions set forth in the Site, these Terms of Use will control.
1. USER ACCEPTANCE
By using the Services and/or visiting the Site, you state your agreement to be legally bound and to abide by the following terms and conditions. If you do not agree to these terms and conditions, you must not use the Site or the Services. These terms and conditions include our Privacy Policy (the “Privacy Policy”) that is posted on the Site. If you violate these Terms of Use, we may terminate or cancel your access rights to the Site immediately without notice. We may also block your use of the Site. We reserve the right at any time to modify or discontinue the Site or any part thereof and you agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Site or any part thereof. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to us. No portion of the Site is targeted to children, and any minor should seek consent of his or her legal guardian before using the Site. Please be aware that we have created or may create in the future certain areas on the Site that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
2. V-TIP.COM SERVICES
our Services, which are available on the Site help you facilitate online fundraising, and allow you to submit information to the Site in the form of photos, videos, reviews, comments and a wide variety of other content for your own use and for viewing by other users (the “Services”). Your access to or use of these Services constitutes your acceptance of all the provisions of these Terms of Use.
These Terms of Use apply to any user of the Site and Services, regardless of whether or not the user submits content for public display on the Site. The Site may also contain links to third party websites that are not owned or controlled by us. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. We will not censor or edit the content of any third-party websites. By using the Site, you expressly relieve us from any and all liability arising from your use of any third-party website.
3. ELIGIBILITY
You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is over 18 years of age, to register as a V-TIP.COM member or to use the Site and Services. If you are under the applicable age, you can use the Site under the supervision of your parent or guardian who has agreed to the Terms of Use. However, you must be 13 years or older to use the Site in compliance with the Children’s Online Privacy Protection Act (COPPA). If you do not qualify, please do not use the Site or Services.
The Site and Services are administered in the United States. Any use outside of the United States is at the user’s own risk and international users are responsible for compliance with local laws.
4. V-TIP.COM ACCOUNTS: SERVICES, USES AND FEES
The V-Tip Account is an optional account. It is not required in order to become a member or sample content on the Site. The use of V-Tip Account (which includes the purchase, use and redemption of tip dollars through the Site (“Tip Dollars”) for cash and the use of the tip jar, which includes the acceptance and rejection of tips; sending of messages and accurate accounting of Tip Dollars) is at a member’s own risk.
We make this Site available for use by the general public subject to these Terms of Use. When you send tip dollars to another member, create a user profile on the Site or submit content, you will be asked for your name and email address, and you will be given the option to create a V-Tip Account. In order to access and use our tools and Services aside from making a donation, you must complete the account creation process. Access to and use of password-protected and secure areas is restricted to users who have created an account. If you register, you are required to provide accurate and up to date information including an email address (“User ID”) and password that you control. You may not use a false name or User ID with the intent of impersonating another person. You may receive confirmation and thank you emails associated with your membership. As detailed in the Privacy Policy, your private information will not be given to any third party without your consent. We reserve the right to cancel your membership in our discretion.
Any issues or problems arising from the use of the V-Tip Account must be brought to the attention of V-TIP.COM within 48 hours through methods described in the contact us page. We will use our commercially reasonable efforts ensure the accurate use of the V-Tip Account by members.
Using V-Tip Account, you acknowledge and agree to comply with the following use requirements:
You will not use the V-Tip Account for immoral, illegal or unethical uses.
Members will not use V-Tip Account to encourage, incite or endorse other members or any other third parties to do acts that would be considered dangerous, unethical, immoral or illegal.Members acknowledge they must provide User Submissions in order to receive Tip Dollars.
Members acknowledge they must choose to be paid by which ever service we make available via selections on the Site, and such choice must be disclosed during setup of one’s V-Tip Account, through the My Account page, or via email as directed on the Site. Tip Dollars are redeemed in U.S. Dollars.
Members acknowledge that if they use third party money transfer services to redeem Tip Dollars (required for international members) (collectively, “Third Party Services”), such Members are responsible for contracting with such Third Party Services and having an account in good standing with such Third Party Service.If a Third Party Service (i.e. Paypal) is made available on the site for transfer of monies to the member and Members choose to use its services, the Members are subject to the rules and regulations of such Third Party Service.
V-TIP.COM is not responsible for any delays or denial of monies transferred to a member’s bank account or any Third Party Service account if that member’s account is not in good standing or the member is otherwise in violation of the terms of use for that account.We are not responsible for monies that are unavailable or inaccessible due to the unavailability for any reason of the Third Party Service.
Members are responsible for any and all fees that may be assessed to the member by the Third Party Service in connection with account and transaction fees assessed by the Third Party Service. Members are also responsible for any fees the Third Party Service may assess the Site due to rejected or returned monies. If a member disputes charges from a Third Party Service, using the resolution mechanisms agreed to with the Third Party Service and the member is found at fault, the member agrees to pay any fees or monies that V-TIP.COM might spend defending such claims.
Members are responsible for supplying us with accurate information needed for the smooth and timely transfer of monies to Third Party Services accounts. Such information may include (but not be limited to) name, address, email address and phone number. Such information that members supply to V-TIP.COM must match exactly what has been disclosed to the Third Party Service. Failure to provide such information may cause delay or prevent the transfer of monies. V-TIP.COM is not responsible for any such delays that result from improper or incomplete information.We are not responsible for monies lost, stolen or any errors or incompetence performed by Third Party Services.
V-TIP.COM shall redeem Tip Dollars only to the applicable member, and not to any third party or other member. Members may use Tip Dollars to purchase goods and services on our website. If goods and or services are purchased using Tip Dollars from members, vendors or advertisers on or using the Site, V-TIP.COM shall have no responsibility with respect to such goods and services. Such third party transactions may be negotiated without the knowledge or oversight of the Site, but they must be legal. Disputes between members must be handled between members. Members who violate the above rules will have their transactions reversed and their accounts closed.Members acknowledge that their profiles may be closed and funds returned to them at V-TIP.COM’s sole discretion.
You acknowledge that V-TIP.COM will assess and retain a transaction fee when Tip Dollars are redeemed for cash (tip out). This fee may be subject to change based on volumes or other factors, as set forth on the Site.You acknowledge that you are required to have at least 1 tip dollar in your account (tip jar) in order to have an active V-Tip Account. You also acknowledge you are required to purchase 5 Tip Dollars to start a V-Tip Account. Inactive V-Tip Accounts are closed and must be opened as outlined in the V-Tip Account set up tutorial. The maximum amount of Tip Dollars that can be purchased in a 48 hour period is 20 Tip Dollars. This amount may be subject to change based on volumes or other factors, as set forth on the Site.
Closing of a V-Tip Account does not mean a member’s profile is closed. Members can have an active profile and use the Site to the fullest extent (except sending, receiving and redeeming Tip Dollars) without having an active V-Tip Account.The purchase price for a Tip Dollar shall typically be equal to one US Dollar, though the Site may offer special purchase rates from time to time, as set forth on the Site.
Purchase of Tip Dollars are non refundable.
The transfer of Tip Dollars from a member to another member is non refundable. Any mistakes that may arise due to mistaken Tip Dollar transfers must be dealt with by members. Members acknowledge that the Site may become unavailable for extended periods of time due to maintenance, upgrades or other reasons. We and are not responsible for downtime and any monies lost due to inability of members or visitors to access applicable content on the Site, or the V-Tip Account.
Members who have not logged on the Site within 6 months must log in to their account to remain an active member of the Site. If a member does not login within 6 months, the account will be considered inactive and the member will be notified we consider their account inactive. If the member has an active V-Tip Account their tip jar will be tipped out and monies sent back to them minus transaction fees. Members whose information is inaccurate or incorrect, and therefore we are unable to redeem Tip Dollars for cash, will be notified by e-mail and will have an additional 6 months (12 months total) to update said information to ensure proper payment.
Any Tip Dollars purchased illegally will be reversed and membership accounts will be closed if V-TIP.COM learns members have purchased Tip Dollars illegally. Such members will have to pay a fee to have account reactivated.
5. UNAUTHORIZED CARD USE; TAX INFORMATION; DISCLAIMER
You agree not to use an invalid or unauthorized credit card. Once a donation is made, the transaction is final and not subject to dispute unless unauthorized use of your payment card is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules.
We are not an accounting, taxation or financial advisor, and you should not rely on information given on this website to determine the accounting, tax or financial consequences of making donations to charity. We make no representation as to whether all or any portion of the donations to any charity is tax deductible. We strongly recommend that you consult your own advisor/s about any accounting, taxation or financial consequences that may affect you. We shall have no liability for any claim by any federal or state tax authority with respect to your characterization of any donations through this website on your federal or state tax returns.
6. RESTRICTIONS ON RIGHTS TO USE
Subject to the terms hereof, we hereby grant you permission to use the Site and Services, provided that
you will not copy or distribute any part of the Site without our written permission,
you will not alter or modify any parts of the Site, and
you will comply with the Terms of Use and Privacy Policy.
You are solely responsible for any and all activity that occurs on your account and you must keep your password secure. Furthermore, you shall not:
modify, translate or reverse engineer any portion of the Site or Services;
launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, We grant the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases;
collect or harvest any personally identifiable information, including member names and User IDs, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes;
solicit, for commercial purposes, any users of the Site with respect to their User Submissions (as defined below);
remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
create user accounts by automated means or under false or fraudulent pretenses;
create or transmit unwanted electronic communications such as "spam" to other users or members of the Site or otherwise interfere with other user's or member's enjoyment of the Site and/or Services;
transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
use the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
copy or store any content offered on the Site for other than your own use; nor
use any device, software or routine that interferes with the proper working of the Site and/or Services.
7. USER SUBMISSIONS
We encourages you to submit to the Site a variety of content forms including but not limited to videos, photos, reviews, recipes, forums, favorite lists, news items and blog posts ("User Submissions"). The Site provides a venue for hosting, sharing, and/or publishing such User Submissions. You understand that whether or not such User Submissions are published, We do not guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Use; and
you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Use.
In connection with User Submissions, you further agree that you will not:
create a user name or screen name or upload to, distribute through or otherwise publish through the Site any Materials which are libelous, defamatory, obscene, threatening, INVASIVE OF PRIVACY or publicity rights, HARMFUL OF MINORS IN ANY WAY, abusive, illegal or harassing, or contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law or that you do not have a right to make available under contractual or fiduciary relationships.;
publish falsehoods or misrepresentations that could damage us or any third party;
post advertisements or solicitations of business, except to the degree expressly permitted by V-TIP.COM; nor
impersonate another person.
We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. We reserve the right to remove User Submissions without prior notice. We will also terminate a User's access to the Site, if they are determined to be repeat offenders. We also reserve the right to decide whether User Submissions are appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and agree to indemnify and hold us, our owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
8. INTELLECTUAL PROPERTY RIGHTS
The content on the Site, with the exception of User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to us, you hereby grant us a “…a non-exclusive, fully-paid, world‐wide, perpetual, royalty‐free license to publicly display, publicly perform, distribute, and reproduce the User Submissions in any manner and in any medium, including, without limitation, through physical copies such as still photos, videos, and CDs, by television by any means, on or via the Internet, including, without limitation, the World Wide Web, and any other two-way transmission control protocol / internet protocol (TCP/IP) based distribution network or similar networks or technologies now known or hereafter to become known, including, but not limited to, delivery via such a network to personal computers, hand-held devices, and television set-top boxes, through telephone or cable lines, or wirelessly through broadband, satellite, cellular or terrestrial broadcast networks and other similar networks or technologies whether now existing or hereafter developed. You obtain no rights in any form, media, or technology incorporating the User Submissions.
9. COPYRIGHT INFRINGEMENT POLICY
We do not permit copyright infringing activities and infringement of intellectual property rights on its Site, and we will remove any Content or User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights.
If you are a copyright owner or an agent thereof and believe that any Content or User Submission on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
our designated Copyright Agent to receive notifications of claimed infringement is: Eric Small, email: copyright@V-Tip.com. For clarity, only DMCA notices should go to the Copyright Agent. Any other feedback, comments, requests for technical support, and other communications should be directed to V-TIP.COM customer service through comments@V-Tip.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
It is our policy to block access to or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and distributed on the Site, and to remove repeat offenders from the Site and to deny them access to the Services.
10. DISCLAIMER OF WARRANTIES
V-TIP.COM'S SITE AND SERVICES AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. V-TIP.COM MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
(a) V-TIP.COM MAKES NO WARRANTIES, AND EXPRESSLY DISCLAIMS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT;
(b) V-TIP.COM MAKES NO WARRANTIES THAT ITS SITE OR SERVICES, OR THE SERVICES AVAILABLE THROUGH THE SITE, WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR OR BE FREE OF SOFTWARE ERRORS OR COMPUTER VIRUSES, NOR DOES V-TIP.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE;
(c) V-TIP.COM DOES NOT WARRANT THAT THE PRODUCTS, SERVICES, DESCRIPTIONS, INFORMATION OR MATERIAL INCLUDED ON THE SITE WILL BE AS REPRESENTED BY THIRD-PARTY PROVIDERS, WILL BE FREE OF DEFECTS OR LAWFUL TO SELL, OR WILL BE SATISFACTORY TO YOU, OR THAT THIRD-PARTY PROVIDERS WILL PERFORM AS PROMISED;
(d) V-TIP.COM EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
(e) V-TIP.COM EXPRESSLY DISCLAIMS ANY OBLIGATION, LIABILITY OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM ANY NEGLIGENCE OF V-TIP.COM.
Some states, to the extent their law might be deemed to apply, might not permit the disclaimer of certain warranties, so the foregoing might not apply to you.
11. LIMITATION OF LIABILITY AND REMEDIES
(a) UNDER NO CIRCUMSTANCES WILL V-TIP.COM OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM THESE TERMS OF USE OR V-TIP.COM'S SITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE.
(b) Limited Liability with Respect to Products and Services Available Through the Site. UNDER NO CIRCUMSTANCES WILL V-TIP.COM OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM ANY PRODUCTS OR SERVICES AVAILABLE THROUGH V-TIP.COM'S SITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE.
(c) Caveat. Some states, to the extent their law might be deemed to apply, might not allow the limitation of liability, so the foregoing limitations might not apply to you.
12. INDEMNIFICATION
You agree to indemnify and hold us, and our affiliates, directors, officers, employees and representatives, harmless from and against any loss, cost, claim, damages, liability and expense, including reasonable attorneys' fees, and further including any injuries to third parties arising out of or relating to
your use of and access to the Site;
your violation of any third party right, including without limitation any copyright, property, or privacy right;
any claim that one of your User Submissions caused damage to a third party;
any fraud, manipulation, deception or misrepresentation by you, and
any violation of applicable federal or state laws or regulations.
13. NO AGENCY
You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Use.
14. ASSIGNMENT
You may not assign these Terms of Use or any of your rights hereunder to a third person without first obtaining our express written consent.
15. TRADEMARKS
(a) V-TIP, and V-TIP.COM, are trade or service marks of NY2LA Web Design, LLC. Use of the Site does not create any express or implied right to use such trade or service marks, and such trade or service marks may not be used in connection with any product or service that is not properly authorized by us, in any manner that is likely to cause confusion or in any manner that disparages or discredits us.
(b) The use of any name, trademark, tradename, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third party products or services available on the Site should not be construed as an endorsement or sponsorship of the Site by any such third party, or as the participation by any such third party in the offering of goods or information through the Site.
16. GENERAL INFORMATION
You agree that: (i) the Site shall be deemed solely based in California; and (ii) the Site shall be deemed a passive Site that does not give rise to personal jurisdiction over V-TIP.COM, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and V-TIP.COM that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Use, together with the Privacy Notice at [URL] and any other legal notices published by V-TIP.COM on the Site, shall constitute the entire agreement between you and V-TIP.COM concerning the Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and V-TIP.COM's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. V-TIP.COM reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Site following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND V-TIP.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
