VIP Terms Of Service
1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE: The services offered at www.VIPKnoxville.com, owned and operated by Dabora, Inc., is provided to you as an individual and/or on behalf of an organization (User”), under the terms and conditions of this Terms of Service (“VIPTS”), and any operating rules or policies that may be published by Dabora, Inc at the URL:www.VIPKnoxville.com (the “Service”). The VIPTS comprises the entire agreement between User and VIP and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, USER INDICATES THAT USER IS AT LEAST 12 YEARS OF AGE AND THAT USER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN.
2. DESCRIPTION OF SERVICE: VIP is a website used to help organizations and communities organize their information, communicate with one another and make the job of managing a community easier. This service is provided for a negotiated fee in an agreement between Dabora, Inc. and the customer.
3. NO “SPAMMING”: User will not use the Service for chain letters, junk mail or “Spamming” or make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement or message which is (a) addressed to a recipient with whom the initiator does not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from User (“Spam” or “Spamming”) is strictly prohibited by VIP. If any User uses the Service for Spam, VIP reserves the right to immediately terminate User’s access to the Service and to seek appropriate legal recourse as necessary. If any User believes that others are using the Service for Spam, please contact VIP at
[email protected].
4. NOTICES: VIP may give notice to its users by e-mail, a posting on the site, or other reasonable means. A user must give notice to VIP in writing via e-mail or as otherwise expressly provided by VIP.
5. MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE: VIP may modify or discontinue the Service with or without notice to User. VIP shall not be liable to User or any third party should VIP modify or discontinue the Service. VIP may change the terms and conditions of the VIPTS from time to time. User will be notified of changes and User acknowledges and accepts the VIPTS by continuing to use the Service.
6. PRIVACY POLICY: It is VIP policy to respect the privacy of its users. VIP may disclose User’s Data, the contents of User’s private communications or the contact information of individuals in the User’s account only if required to do so by law, or as otherwise stated in VIP Privacy Policy, or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on VIP; (2) protect and defend the rights or property of VIP; or (3) act under exigent circumstances to protect the personal safety of its users or the public. Please see VIP Privacy Policy for more information. User’s ability to access his or her personal information is limited to that information contained in User’s account profile, which User can update or change at any time by visiting User’s project administrative pages.
7. DISCLAIMER OF WARRANTIES: USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VIP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VIP MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES VIP MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. USER ACKNOWLEDGES THAT VIP DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS OR THIRD PARTIES ON OR THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO VIP FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, VIP ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS) THROUGH THE SERVICE. USER UNDERSTANDS AND AGREES THAT ANY USE OF THE SERVICE IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER AND/OR DATA. VIP MAKES NO WARRANTY REGARDING ANY GOODS AND SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM VIP OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO USER.
8. LIMITATION OF LIABILITY: VIP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF ROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF VIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH VIP OR A THIRD PARTY (INCLUDING BUT NOT LIMITED TO ADVERTISERS) THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA. USER SPECIFICALLY AGREES THAT VIP IS NOT RESPONSIBLE OR LIABLE TO USER OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONALBE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SERVICE, OR FOR ANY INFRINGEMENT OF VIOLATION OF ANOTHER’S RIGHTS BY ANY OTHER PARTY ON THE SERVICE, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMIATIONS MAY NOT APPLY TO USER.
9. NO RESALE OR COMMERCIAL USE OF THE SERVICE: User’s right to use the Service is personal to User. User agrees not to resell or make any commercial use of the Service without the express consent of VIP.
10. USER CONDUCT: VIP reserves the right, but does not assume the responsibility, to monitor or review User conduct on the Service. User’s use of the Service is subject to all applicable local, state, national and international laws and regulations. User Agrees: To comply with U.S. law regarding the transmission of technical data exported from the United States through the Service; Not to use the Service for illegal purposes (including without limitation, gambling or betting) Not to interfere or disrupt networks connected to the Service; and To comply with all regulations, policies and procedures of networks connected to the Service. The Service makes use of the Internet to send and receive certain messages; therefore, User’s conduct is subject to Internet regulations, policies and procedures. User Agrees Not To: Use the Service in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or any use of distribution lists to any person who has not given specific permission to be included in such a process (commercial or otherwise); Harvest or otherwise collect information about others, including e-mail addresses, without their consent; Transmit through the Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature; Invade another’s privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the Service; Transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation; Interfere with another User’s use and enjoyment of the Service or another entity’s use and enjoyment of similar services; Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; Advertise offer to sell or buy any goods or services for any non-personal purpose; Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message; Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the Service any directory of VIP users or other user or usage information or any portion thereof other than in the context of User’s use of the Service as permitted under the VIPTS; Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs. Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks; Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or Engage in any other conduct, which in the sole discretion of VIP is considered unauthorized or objectionable.
11. CONTENT: User is solely responsible for any data, text, software, music sound, photographs, graphics, video, messages, files or other materials (“Content”) which is transmitted, posted, or distributed by User through the Service, including but not limited to the contents of User’s e-mail communications and photos posted by User on VIP or through the Service. All content, whether publicly posted or privately transmitted, is the responsibility of the person from which such Content originated. This means that User, and not VIP, is entirely responsible for all Content that User uploads, posts, e-mails or otherwise transmits via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. User understands that by using the Service, User may be exposed to Content posted by other users that may be offensive, indecent or objectionable. Under no circumstances will VIP be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service.
12. INDEMNIFICATION: User agrees to indemnify and hold VIP officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party due to or arising out of User’s use of the Service, the violation of this VIPTS by User, or the infringement by User (or other user of the Service using User’s computer) of the intellectual property or other right of any person or entity.
13. TERMINATION: Either party may terminate the Service or use of the Service with or without cause at any time and effective immediately upon written notice to the other party. VIP may terminate the Service or User’s use of the Service with or without cause at any time and effective immediately, at the sole discretion of VIP, including but not limited to immediate termination of User’s use of the Service should User’s conduct fail to conform with these terms and conditions of the VIPTS, including but not limited to the terms of conduct set forth in Section 11. VIP shall not be liable to User or any third party for termination of Service. Should User object to any terms and conditions of the VIPTS or any subsequent modifications thereto or become dissatisfied with the Service in any way, User’s only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service registration; and (3) notify VIP of termination upon termination of the Service, User’s right to us the Service and Software shall cease immediately. User shall have no right and VIP will have no obligation thereafter to forward any unread or unsent messages to User or any third party. Sections 8, 9 and 12 – 9, shall survive termination of the VIPTS.
14. PARTICIPATION IN PROMOTIONS OF ADVERTISERS: User may enter into correspondence with or participate in promotions of any advertisers who show their products and/or services on VIP or through the Service (“Advertiser”). Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding User and Advertiser. VIP assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
15. ACKNOWLEDGEMENTS: User acknowledges that content, contained in either sponsor advertisements or distributed via e-mail, of a commercial nature and presented to User by the Service by VIP or VIP Advertisers (“VIP Content” or “Advertiser Content”), is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User is permitted to use VIP Content or Advertiser Content as expressly authorized by VIP or the Advertiser. User may not copy, reproduce, distribute, or create derivative works from VIP Content or Advertiser Content without expressly being authorized to do so by VIP or Advertiser. User may make a copy of VIP Content or Advertiser Content for User’s personal, noncommercial use only, provided that User keeps all copyright or other proprietary notices intact.
16. CONTENT PROVIDED BY USER: Subject to the terms of VIP Privacy Policy, User agrees that upon posting any Content on the Service or VIP Project Plan-It, including but not limited to text and photographs, User grants to VIP, and it successors and assigns, a non-exclusive, worldwide, royalty free, perpetual, non-revocable license under User’s copyrights or other intellectual property rights, if any, in and to the content, to distribute, display, and reproduce such content to other users of the Service. User also grants VIP the right to authorize the downloading and printing in whole or in part of any content that User has posted to VIP or through the Service, by end users for their personal use.
17. GENERAL PROVISIONS: The VIPTS shall be governed by and construed in accordance with the laws of the Tennessee, excluding its conflict of law provisions. User and VIP agree to submit to the exclusive jurisdiction of the courts of Bedford County, Tennessee, provided, however, that either party may elect to settle any litigation in any way arising out of or relating to the VIPTS by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. If elected, such arbitration shall be conducted in Tennessee, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. If any provisions(s) of the VIPTS is held by a court of competent jurisdiction to be contrary to law, then such provisions(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. A VIP failure to exercise or enforce any right or provision of the VIPTS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by VIP in writing. User and VIP agree that any lawsuit arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the VIPTS are solely used for the convenience of the parties and have no legal or contractual significance.
18. LANGUAGE: It is the express wish of the parties that the VIPTS and all related documents have been drawn up in English. (C’ese la volente express does parties que la presente convention ainsi que les documents qui s’y rattachent solent rediges en anglais.) VIP makes no representation that materials on the Service are appropriate or available for use in locations outside of the United States, and access to them from territories where their content is illegal or otherwise regulated is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
ADVERTISING: VIP reserves the right to refuse the placement of any advertisement. VIP reserves the right not to provide any explanation for refusal to run an ad.