Use of the Services:
You agree that personal data provided by you to the Site may be used for any purpose the Site deems appropriate and may be given or disclosed to our affiliates, partners, vendors, and third parties to the extent permitted by law. You agree not to attempt to impersonate another user or any other third party by selecting or using the name, address, credit card information, email address or other identifying information belonging to another user or other person, or otherwise. You agree not to disclose personal information and/or collect information about others (especially personal information or information likely to lead to personal identification of another), including email addresses, without their prior consent. The Site reserves the right, at its sole discretion, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you.
Each user may submit, post and distribute text, files, images, photos, graphics, video or any other materials or information in connection with their use of the Services (collectively, the “User Content”). You agree not to submit, post or distribute User Content that infringes copyright laws. You grant to the Site a royalty-free, non-exclusive, world-wide irrevocable license, including the right to sublicense to third parties without restriction, in perpetuity throughout the universe, to use your User Content in any manner or medium, whether now known or hereafter discovered. You agree that the Site in its sole discretion, shall have the right to monitor your use of the Services to edit, refuse to post or remove any material submitted, posted or distributed on or through the Services or Site, for any reason whatsoever. You agree you are solely responsible for the content of material you upload, post or otherwise make available on the Services. You agree you do not rely on the Site to monitor or edit the Services or Content which you find offensive, indecent, or objectionable. You hereby waive any objections you might have with respect to viewing such content. The Site shall have no liability for such content to you or to any person whom you allow to access the Service, and you access the Services at your sole risk.
Copyright Infringement Claims:
If you believe that materials hosted by the Site infringe your copyright, you or your agent may submit a Digital Millennium Copyright Act (“DMCA”) notice by providing the Site with the following information in writing:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address and all other information reasonably sufficient to permit the Site to contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any notification that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon the Site actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to the Site a counter-notice. All notices and counter-notices must meet the then current statutory requirements imposed by the DMCA.
Notice of claims of copyright infringement can be e-mailed to the Site.
Creating An Account
Setting up your Account. After you have consented to this Agreement and registered to use the Service, you can view other Member profiles, communicate with other Members, access and view our blog, and communicate with us through the Service. You need to create an Account and set up a member profile to use the Service. To set up an Account you must: (i) be at least thirteen (13) years old; (ii) provide us with your first and last name; (iii) have a valid email address; and (iv) select a user name and create a unique password. You also must have a valid credit card/payment method if you choose to register for a paid subscription, which will provide you access to all the features and functions of our Service. We hereby reserve the right to authenticate your identity to ensure compliance with the terms of this Agreement and applicable law. By creating an Account you represent and warrant that all information you have provided is accurate and true. You will receive an email confirmation that includes a copy of the Agreement after you have successfully set up a profile and an Account.
Account Types. You may register to use our Service as set forth above at no cost and use some, but not all, of the features of our Service. To access and use all features of our Service, including but not limited to the ability to send mails to other Service Members, you must enter into a paid subscription. You may elect for different subscription periods, as described in further detail when you register. Subscription fees are subject to change and are paid in advance of the subscription term that you choose.
Subscription Renewal and Automatic Cancellation. Month to month subscriptions automatically renew; however, three (3) and six (6) month subscriptions will be cancelled automatically unless you elect to renew your subscription. We will notify you of your options on or before the day the subscription is set to renew or expire.
Subscription Cancellation and Termination. Notwithstanding the forgoing, you may cancel a subscription within three (3) business days of subscribing to our Service to receive a refund by notifying us through the contact information provided below. This three business day period is your “Trial Period”. You may cancel your subscription at any time during the subscription term by contacting us using the information provided below. Except for cancellations made during the Trial Period subscription fees are non-refundable. Failure to pay subscription fees will result in termination of the paid Service and/or your Account.
Account Security. You are solely responsible for: (i) maintaining the confidentiality of your user name and password; (i) ensuring all information used in connection with our Service is accurate and current; and (iii) any activity you conduct through your Account, whether by you or someone else. You must immediately notify us of any unauthorized use of your Account. We reserve the right, in our sole discretion, to terminate or suspend your Account, including if we have reason to believe that you have provided fraudulent information in connection with your Account or activities on our Service. We may share data with our Affiliate Sites.
PROFILE DISCLAIMER, PROFILE VISIBILITY AND YOUR CONTENT
Profile Visibility and Disclaimer. Your profile is used to connect you with other Members of the Service and will be visible to those Members as well as the public. FOR THE AVOIDANCE OF DOUBT, WHEN YOU CREATE AN ACCOUNT AND USE OUR SERVICE, YOUR PROFILE WILL BE PUBLICLY VISIBLE. There are various features that enable you to block or restrict designated users from being able to view and/or access your profile, to provide more anonymity by hiding certain photos or your gender, and to create private photo albums.
Content You Post. You will be able to post pictures, text, images and other material in connection with your profile and use of Services (“Content”). You understand that Content you post or share, including your user name and picture, may be publicly viewable. We, in our sole discretion, may reject or approve submitted Content. You are solely responsible for submitted Content and shall indemnify, defend and hold us and our employees, officers, directors, shareholders and agents harmless for any and all losses, costs, disputes, demands, claims and liabilities (including reasonable attorneys’ fees) arising from your Content.
Content. You grant us a worldwide, perpetual, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, and/or display submitted Content. You have no reasonable expectation of privacy when using the Service because you understand that anything you post or communicate through the Service may be seen by other Members, including Members who you choose to communicate with you directly. You have the option to make some conversations or photo albums private so that only those Members whom you choose have access to them. You are solely responsible for all Content submitted to the Service. If you terminate your membership or delete content from your profile, some content may remain available, including because of cached internet pages or other uses by third parties that are beyond our control. By accessing this website, you acknowledge that you understand and agree that we cannot and does not assume any liability for or relating to third party use or cached content which is beyond our control.
Service. We grant you a limited, non-exclusive, non-transferable, revocable limited license to access and use our Service as expressly permitted herein. We reserve all rights not expressly granted herein.
RESTRICTIONS/CODE OF CONDUCT
You are solely responsible for your interaction with other Members of the Service, whether online or offline. We are not responsible or liable for the conduct of any Members. Please exercise common sense and prudent judgment in your interactions with others in all of your online and offline activities.
You agree not to do any of the following:
Submit any direct or indirect endorsement or opinion of the product or services without disclosing any association or material connection you may have with such Content, as required by the Federal Trade Commission.
Upload any Content for the purpose of intentionally misleading us or any other Service Member.
Use the Service to engage in or solicit prostitution, to procure or facilitate another to commit prostitution, or to promote the prostitution of another person in any manner whatsoever.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful Content.
Upload, or otherwise make available Content protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Upload Content or any files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of our Service or another’s computer or property of another.
Download Content posted by another user of our Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of Content or other material contained in a file that is uploaded.
Resell or otherwise commercialize Content or any other function or feature of the Service.
Use our Service or any Content therein, including without limitation any personal information or other Content related to any other Member, for any business, marketing, advertising, or other commercial purposes or for any other purposes that are not explicitly authorized by this Agreement.
Include in your public profile any telephone numbers, street addresses, last names, URLs, email addresses, anatomical or sexual references or sexually suggestive language. You also agree not to post or send any photos containing nudity or otherwise vulgar or offensive materials through our Service.
Use hateful or discriminatory language based on race, color, sex, sexual orientation, religion, nationality, ethnicity, marital status, disability, age or otherwise objectionable language.
Spam or otherwise generally harass users of our Service.
Violate any applicable laws including but not limited to the Communications Decency Act, 47 U.S.C. § 230(c), or regulations with respect to your access and use of Content and the Service.
WE RESERVE THE RIGHT TO INVESTIGATE ANY ILLEGAL, SUSPICIOUS AND / OR UNAUTHORIZED USE OF OUR SERVICES, INCLUDING THOSE INVOLVING OUR MAIN SITE OR ANY OF OUR AFFILIATE SITES, AND WE WILL TAKE ANY LEGAL RECOURSE THAT WE DEEM APPROPRIATE. WE MAY ALSO REFER ACTIVITIES THAT WE DEEM SUSPICIOUS OR ILLEGAL TO THE PROPER GOVERNMENTAL AUTHORITIES FOR THEIR INVESTIGATION.
OUR PROPRIETARY RIGHTS
Our Service and all logos, trademarks, buttons icons, images, pictures, graphics, content used in connection with the same (collectively referred to as “Our Content”) are protected under U.S. intellectual property laws, and are exclusively owned and/or controlled by us.
UNAUTHORIZED USE, MODIFICATION, REPUBLISHING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF OUR CONTENT IS PROHIBITED.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER WE NOR OUR RESPECTIVE SUPPLIERS MAKE REPRESENTATIONS ABOUT THE AVAILABILITY OF THE SERVICE OR THE CONTENT YOU OR OTHER USERS SUBMIT. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY SERVICE OFFER BY OTHER USERS, ANY ACTION OR INACTION BY OTHER USERS, INCLUDING OTHER USER’S FAILURE TO COMPLY WITH THE TERMS OF THE AGREEMENT. THE FUNCTIONS AND FEATURES OF THE SERVICE ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY CONTENT. YOU ASSUME THE ENTIRE RISK OF LOSS OF CONTENT AND/OR DAMAGE DUE TO YOUR USE OF THE SERVICE.
LIMITATION OF LIABILITY
YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR SOLE RISK. WE AND OUR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
Neither the Site nor its affiliates, employees, representatives, attorneys, directors, officers or shareholders shall be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed, on your computer or other property on account of your accessing or use of the Site. You agree the risk of using the Service and Site and injury from the foregoing rests entirely with you.
You agree to indemnify, defend and hold us harmless and our parents, subsidiaries, affiliates, officers, directors shareholders, and agents for any and all loss, cost, disputes, demands, claims and liabilities (including reasonable attorneys’ fees) arising out of or incurred due to: (i) your breach of the Agreement; (ii) your use or misuse of the Service; (iii) your violation of any law or the rights of any third party; and/or (iv) your interaction with other Service users.
You agree that any notice to us shall be made via email. If the notice concerns your withdrawal from the Service or cancelation or termination of your membership, it will be effective within a reasonable time after we receive it.
CHANGES TO SERVICES AND TERMS OF THE AGREEMENT
From time to time, we may modify, suspend, or discontinue any feature, or add new features associated with your access and use of the Service. We shall not be liable to you for any addition, modification, suspension, or discontinuance (in part or wholly) to or of the Service and/or features associated with the availability or use of Content. We may establish additional policies and practices concerning use of the Service. Accordingly, we reserve the right to change any term of this Agreement (in part or in whole) at any time, with or without prior notice. The last revised date above notifies you of the day we lasted updated the terms and conditions. When we add new features that do not materially affect the services and terms of the agreement, we may not update this Agreement. Such new features are provided pursuant to the terms of this Agreement, and any specific terms provided with each feature. We may also notify you of any such changes via the email address linked to your Account.
Underage use of our Service is prohibited. Our privacy practices are consistent with the Federal Children’s Online Privacy Protection Act (“COPPA”). We will not knowingly request or collect personal information from any child under the age of 13. If a child under 13 submits personal information to us and we learn that such information is of a child under 13, we will make commercially reasonable efforts to delete the information as soon as possible. If you believe that we might have collected any personal information from a child under 13, please contact us using the information provided below. BY REGISTERING FOR AN ACCOUNT, YOU REPRESENT THAT YOU ARE AN ADULT OVER THE AGE OF 13, HAVE THE CAPACITY TO CONSENT, AND AGREE TO BE PERSONALLY BOUND BY ALL OF THE TERMS OF THIS AGREEMENT.
We care about our community and strive to incorporate Web Content Accessibility Guidelines 2.0 (WCAG) and other measures to assist with making our Service user friendly and accessible to visitors with disabilities. WCAG principles provide for website content to be perceivable, operable, understandable, and robust. We have a team of dedicated professionals who regularly evaluate the content of our Service in relation to WCAG’s recommendations and who accordingly assist with operationalizing the same. Not all WCAG principals are operational and you understand that the application and use of WCAG recommendations will vary based upon the dynamic nature of the content on our Service.
By agreeing to the terms of this Agreement, you consent to receive communications sent from or on behalf of us regarding the Service, Content, and/or your rights and obligations under this Agreement.
Governing Law. Regardless of where you live or from which physical location you access our Service, the substantive and choice of law provisions of the State of Colorado shall apply to this Agreement and your access and use of the Service, and any action related thereto, without regard to Colorado conflict of law provisions, but Colorado law shall not apply to the arbitration provisions of this Agreement, which are governed solely by the Federal Arbitration Act.
Alternative Dispute Resolution. By entering into this Agreement, you agree that, if any dispute arises out of or in any way related to this Agreement and/or your use of the Service, including any claims you may have against us or another Member of this Service or which another Member of this Service may have against you (collectively the “Disputes”), any and all such Disputes shall be resolved by submission to binding arbitration in San Francisco, Colorado before a single retired judge or justice with JAMS pursuant to JAMS Comprehensive Arbitration Rules and Procedures in effect at the time of any such dispute. If the parties to any Disputes are unable to agree on a JAMS retired judge or justice within fifteen (15) calendar days of a demand for arbitration filed with JAMS by any of the parties to such Disputes, JAMS will follow the procedure in its Comprehensive Arbitration Rules and Procedures to name a retired judge or justice who will act as the sole arbitrator. Any decision of the arbitrator may be confirmed by a court of competent jurisdiction and the ensuing judgment may thereafter be enforced in the same manner as a judgment in a civil action. The ensuing judgment may also be appealed pursuant to applicable federal law.
Class Action Waiver. Except as otherwise required under applicable law, (i) we mutually intend and agree that neither of us will assert any class actions or representative actions against any the other, nor will such actions or procedures apply in any arbitration pursuant to this Agreement; (ii) we mutually agree that neither of us will assert class action or representative action claims against the other in arbitration or in any other proceeding or action; and (iii) we each shall submit only our own, individual claims and defenses in arbitration and will not seek to represent the interests of any other person.
Arbitration Confidentiality. The Disputes, as well as the arbitration proceedings and award regarding such Disputes, shall be kept strictly confidential and governed by the Nondisclosure Agreement (“NDA”) provisions addressed elsewhere in this Agreement.
Arbitral Jurisdiction. We agree that this Agreement involves interstate commerce and the arbitration will be governed by the provisions of the Federal Arbitration Act (9 U.S.C. 1 et seq.). Colorado substantive law shall govern the underlying Disputes to be arbitrated. We agree that the arbitrator, not any federal or state court judge, shall have the exclusive jurisdiction to resolve any and all disputes regarding the arbitrator’s jurisdiction and the interpretation, applicability, enforceability or formation of this binding Agreement to arbitrate, including but not limited to determining which Disputes are subject to arbitration, or any contention that all or any part of this arbitration agreement is unenforceable, voidable or void.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)
Infringement Notification If you believe that your Content has been copied and posted on our Service in a way that constitutes copyright infringement, please provide our designated agent with the following information:
your contact information (i.e. name, email address, telephone number, and address);
a description of the copyrighted work of concern;
a link to the location(s) on the Service of the copyrighted work of concern;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a signed statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright owner (or authorized to act on behalf of the copyright owner).
Counter-Notice. If your work has been removed due to a DMCA Notice pursuant to the foregoing procedure, and you believe that your content is not infringing, then you may send a counter-notice (“DMCA Counter-Notice”) to our Designated Agent (contact information above) containing the following information:
Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the Content;
Your contact information (i.e. name, email address, telephone number, and address), a statement that you consent to the jurisdiction of the United States District Court of Colorado and a statement that you will accept service of process from the person who provided notification of the alleged infringement;
If a DMCA Counter-Notice is received by our Designated Agent, then we may send a copy of the DMCA Counter-Notice to the original complaining party informing that person that we may replace the removed Content or cease disabling it after a reasonable time period. Unless the alleged copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in a reasonable time period after receipt of the DMCA Counter-Notice, at our sole discretion.
How to Contact Us
If you have any questions or concerns, you may contact us here:
VIP Ad Solutions LLC
2055 Siesta Drive, PO 15027
Sarasota, FL 34327