This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Date of Last Revision: January 31, 2013.
Statement of Rights and Responsibilities:
Vipology.com (the “Service”), operated by VIPOLOGY, INC., and various Channel Partners (collectively, the “Operators”) is provided to you (the “Member”) under the following terms and conditions, including any amendments thereto and any additional terms and conditions, rules or policies that may be applicable to particular offerings made in connection with the Service (collectively, the “Terms”). By using or accessing the Service, you agree to this Statement, as updated from time to time.
The Service is a program where registered users may earn points by engaging in certain activities and can redeem points for certain offers. Points earned in the Service are non-transferable to other users or accounts and have no cash or monetary value. Some offers provided through the Service by way of contests and/or shopping cart are promoted regionally and/or nationally to users of others.Eligibility:
Unless otherwise specified in connection with particular offerings, participation in the Service is open only to natural persons who are legal residents of The United States of America and Canada, who are 13 years of age or older, that possess a current and valid social security card. You must have Internet access and a valid email address to participate. If we are repeatedly unable to deliver email to Member, said Member’s account may be locked or deleted. Members are limited to one member account per natural person.Reservation of Rights:
The Service and its benefits are offered at Operators discretion. Operator has the right to modify or discontinue, temporarily or permanently, the Service, including the point levels, in whole or in part for any reason, at our sole discretion. We may, among other things, withdraw, limit, modify or cancel any Offer; increase the Points required for any Offer; or modify or condition the transferability of Offers or benefits. You agree that we will not be liable to you or any third-party for any modification or discontinuance of the Service, in whole or in part.Membership Registration:
You own all of the content and information you post on within the Service and how it is shared through your profile settings. In addition:
- For content that is covered by intellectual property rights, like photos and videos (the “IP content”), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with the Service. This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you publish content or information using the Service, it means that you may be allowing others, including people outside of the Service, to access and use that information, and to associate it with you (i.e., your name and profile image).
- We always appreciate your feedback or other suggestions about the Service, but you understand that we may use them without any obligation to compensate you for them.
Keeping Our Community Safe:
We do our best to keep the Service safe, but we cannot guarantee it. We need your help, which includes the following commitments by you:
- You will not post unauthorized commercial communications (i.e., spam).
- You will not collect users' content or information, or otherwise access the Service, using automated means (i.e., harvesting bots, robots, spiders, or scrapers).
- You will not engage in unlawful multi-level marketing or pyramid schemes.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any Member.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not use the Service to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of the Service (i.e., denial of service attack, interference with page rendering or other Service functionality).
- You will not facilitate or encourage any violations of this Statement or our policies.
- You will any of these Report Abuses should you witness other Members attempting to violate these safety concerns.
Registration and Account Security:
Members provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information, or create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will not use the Service if you are under 13.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone.
- If you select an inappropriate username for your account, we reserve the right, in our sole discretion and without notice, to remove or reclaim it.
- If you select a username for your account that a trademark owner complains about, we reserve the right, in our sole discretion and without notice, to remove or reclaim it.
Protecting All Members’ Rights:
We respect all Members’ rights, and expect you to do the same:
- You will not post content or take any action on the Service that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on the Service, if we believe that it violates this Statement or our policies.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks, or any confusingly similar marks, except as expressly permitted by our prior written permission.
- You will not post anyone's identification documents or sensitive financial information on the Service.
Mobile and Other Devices:
We currently provide our mobile services for free, be aware that your carrier's normal rates and fees will still apply.
You provide consent and all rights necessary to enable Members to view and interact with any information that is visible to them on the Service via their devices.Termination:
If a Member violates the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for the Service, Channel Partners, or Sponsors, the offending Member points may be revoked and account may be terminated immediately in our sole discretion, and without prior notice.
Members may delete their account at any time. At which time the Member relinquishes any and all earned points.Disputes:
Any claim, cause of action or dispute (the “Claim”) arising out of or relating to this Statement or the Service, will be resolved exclusively in a state or federal court located in Los Angeles County. The laws of the State of California will govern this Statement.
If anyone brings a Claim against the Service related to a Members’ actions, content or information on the Service, Member will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for Member conduct, we do not control or direct Members’ actions and are not responsible for the content or information Members transmit or share. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information encountered. We are not responsible for the conduct, whether online or offline, or any Member of the Service.
WE TRY TO KEEP THE SERVICE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE SERVICE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SERVICE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. THE SERVICE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE SERVICE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.Special Provisions Applicable to Members Outside the United States:
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Facebook outside the United States:
- You consent to having your personal data transferred to and processed in the United States.
- If you are located in countries embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on the Service (i.e., advertising or payments).
This Statement makes up the entire agreement between the parties regarding the Service, and supersedes any prior agreements.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
This Statement does not confer any third party beneficiary rights.
We reserve all rights not expressly granted to you.
You will comply with all applicable laws when using or accessing the Service.