Last Updated: 15.01.2015
Welcome to our website. VipoLand Incorporated (“VipoLand”) is pleased to provide to you its site, content, products and services (“VIPO Services”), which may be branded as ‘VIPO’ or another brands and names owned or licensed by VipoLand and its associated companies.
1. Contract between You and VipoLand
The Terms are a contract between you and VipoLand. You must read and agree to these Terms before using the VIPO Services. If you do not agree, you may not use the VIPO Services. These Terms describe the basis on which the VIPO Services are available and supersede prior agreements or arrangements.
Supplemental terms and conditions may apply to some of VIPO Services, such as specific rules for a particular service, product or other activity. Any supplemental terms and conditions are in addition to these Terms and, in the event of a conflict, will prevail over these Terms.
VipoLand may immediately terminate this contract with respect to you if you fail to comply with any provision of these Terms.
2. Use of the VIPO Services
The VIPO Services are for your personal, noncommercial use and are intended for informational and entertainment purposes only.
The VIPO Services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the VIPO Services are owned by us or our licensors or licensees. Except as we specifically agree in writing, no element of the VIPO Services may be used or exploited in any way other than as part of the VIPO Services offered to you.
3. Content and Software License
If a VIPO Service is configured to enable the use of software, content, virtual items or other materials owned or licensed by VipoLand, we grant you a limited, non-exclusive, non-sub licensable, non-transferable license to access and use such software, content, virtual item or other material for your personal, noncommercial use only.
You may not circumvent or disable any content protection system or digital rights management technology used with any VIPO Service; decompile, reverse engineer, disassemble or otherwise reduce any VIPO Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any VIPO Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands.
4. Disclaimers and Limitation on Liability
THE VIPO SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).
THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
5. Third-Party Services, Content and Products
6. User Generated Content
The VIPO Services may allow you to communicate, submit, or otherwise make available text, images, other content (“User Generated Content”), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
You grant us a nonexclusive, sub licensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the VIPO Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these terms. You agree to indemnify and hold us and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
7. Paid Transactions
- Sales of products may be made by VipoLand on the website.
- You will have the opportunity to review and confirm your order, including delivery address, payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. The risk of loss will pass to you when the relevant goods are delivered.
- We reserve the right to refuse or cancel any order prior to delivery. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.
- When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information.
- You have the right, within thirty (30) days from the date of your receipt of physical goods, to cancel our contract with you and return the goods. This right does not apply to goods stated by us on the VIPO Services to be non-returnable, including audio and video recordings, computer software, and CD’s, DVD’s or other physical goods that have been unsealed. The return of the physical goods shall be in the original package and undamaged.
- VipoLand may revise the pricing for the products and services that are offered on the website. When you place your order, we estimate the tax and include that estimate in the total for your convenience. The actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.
- When ordering goods for delivery to countries other than the country where the seller is located, you may have to pay import duties and taxes levied. When ordering from us, the recipient is the importer of record and must comply with all laws and regulations of the destination country.
8. Binding Arbitration
- You and VipoLand agree to arbitrate all disputes concerning the VIPO Services or these Terms between.
- Before entering into arbitration, You and VipoLand will do utmost best efforts to resolve the dispute by informal negotiation. Failing to resolve the dispute by informal negotiations, it shall be settled by binding arbitration before a neutral arbitrator whose decision will be final. The arbitrator shall be appointed by the Zurich Chamber of Commerce in Switzerland, and will be administered in the English language and according to the rules of arbitration of the Zurich Chamber of Commerce. Arbitration shall take place in Zurich, Switzerland.
- These Terms are governed by and construed in accordance with the laws of Switzerland, without giving effect to any conflict of law principles.
- If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
- The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.
- No waiver of any provision of these Terms by VipoLand shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.