Membership to the Site is free. As a member, you have the ability to post a user profile, sample content on the Site, upload content, comment on content uploaded by other members, and use the messaging service to exchange messages with other members.
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
The Site and Services are administered in the United States, and the Site is located in Delaware. Any use outside of the United States is at the user's own risk and international users are responsible for compliance with local laws.
Every Tip Dollar you purchase will appear within your shopping cart ("Virtual Tip Jar" or "Tip Jar") which can be viewed from within your My Account page under
You will be able to monitor the number of Tip Dollars you have sent other members or received from other members by viewing your Virutal Tip Jar at any time from within the
If you have Tip Dollars within your Tip Jar we will buy back your Tip Dollars for U.S. Dollars ("Tip Out"). The Tip Out page can be found within the
If you register as a
If you create a
(a)You will not use your
(b)You will not use your
(c)You acknowledge that you do not need to provide User Submissions (see Section 8) to purchase and use Tip Dollars, but you must provide User Submissions in order to receive Tip Dollars from other members.
(d)You acknowledge and understand that Tip Dollars are sold in U.S. Dollars. The value of Tip Dollars will be based solely on U.S. Dollars and will typically remain on a
(e)You acknowledge that when you Tip Out, you will be paid in U.S. Dollars through the service selections as provided by the Site and that your choice of service must be disclosed during the setup of your
(f)You acknowledge that
(g)You acknowledge that you are required to have at least 1 Tip Dollar in your
(i)YOU UNDERSTAND AND ACKNOWLEDGE THAT
(j)YOU UNDERSTAND AND ACKNOWLEDGE THAT
(k)You understand and acknowledge that the transfer of Tip Dollar(s) from your Tip Jar to the Tip Jar of another member is a
(l)You may use Tip Dollars to purchase goods and services through the Site. If goods and/or services are purchased from members, vendors, or advertisers on or through the Site,
(m)If you do not log into the Site for more than 6 months, your membership with V- TIP.COM will be considered inactive. In such event, you will be notified that we consider your Account to be inactive, and any Tip Dollars in your Tip Jar will be tipped out and payment will be sent to you minus a transaction fee. If your contact information is incorrect, and therefore we are unable to send your money, you will be notified by e- mail and will have an additional 6 months (12 months total) to update your information to ensure proper payment. YOU UNDERSTAND AND ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO KEEP YOUR ACCOUNT INFORMATION ACCURATE AND UP TO DATE.
You acknowledge that if third party money transfer services (which shall include banking institutions that accept currency via wire transfers or other electronic means) ("Third Party Service") are made available to you and you choose to use their services to purchase Tip Dollars or to be paid by us after Tip Out, you are responsible for contracting with such Third Party Service and having an account in good standing with such Third Party Service. In addition, you will be bound by the Third Party Service's terms and conditions of use. Use of a Third Party Service is required for members in jurisdictions other than the United States.
You are responsible for any and all fees that may be assessed by the Third Party Service in connection with your account, including transaction fees and fees assessed due to rejected or returned monies. If you dispute charges from a Third Party Service via a dispute resolution procedure agreed to with the Third Party Service, you are responsible for all costs and fees related to the dispute with the Third Party Service.
You 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) your name, address, account number, email address and phone number. The information that you supply to
You agree not to use an invalid or unauthorized credit card. Once you complete and submit a transaction, 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.
Any Tip Dollars purchased illegally will be reversed and membership accounts will be closed if
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 purchasing, using, and redeeming Tip Dollars. 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 OR REPRESENTATION THAT YOU MAKE TO ANY FEDERAL OR STATE TAX AUTHORITY ON YOUR FEDERAL OR STATE INCOME TAX RETURNS WITH RESPECT TO YOUR CHARACTERIZATION OF ANY TRANSACTIONS THAT YOU MAKE THROUGH THIS WEBSITE.
Subject to the terms hereof, we hereby grant you permission to use the Site and Services, provided that
(a)you will not reproduce, copy, republish, or distribute any part of the Site without our advance written permission,
(b)you will not alter or modify any parts of the Site, and
Furthermore, you understand, acknowledge, and agree that you will not:
(d)modify, translate or reverse engineer any portion of the Site or Services;
(e)launch any automated system, including but not limited to, "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
(f)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;
(g)solicit, for commercial purposes, any users of the Site with respect to their User Submissions (as defined below);
(h)remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
(i)create user accounts by automated means or under false or fraudulent pretenses;
(j)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;
(k)transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
(l)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;
(m)copy or store any content offered on the Site for other than your own use; or
(n)use any device, software or routine that interferes with the proper working of the Site and/or Services.
You are solely responsible for any and all activity that occurs in or with your
We encourage you to submit to the Site a variety of content forms, including but not limited to, audio, video, 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 and acknowledge that by submitting User Submissions you are making a public disclosure of the submitted content and that User Submissions will not be regarded as confidential information. Therefore, do not submit User Submissions that contain material or information which you consider confidential information.
Further, you understand and acknowledge that by submitting User Submissions for publication on the Site, you are granting each user of the
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:
In connection with User Submissions, you further agree that you will not:
(c)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;
(d)publish falsehoods or misrepresentations that could damage us or any third party;
(e)post advertisements or solicitations of business, except to the degree expressly permitted by
(f)impersonate another person.
You understand and acknowledge that
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 of information, 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, in your opinion, inaccurate, offensive, or otherwise 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.
The content on the Site, including all User Submissions not specifically and expressly owned and submitted by you, and including, without limitation, all text, software, scripts, graphics, photos, sounds, music, videos,
You retain your ownership rights in User Submissions personally owned and directly submitted by you.
HOWEVER, BY SUBMITTING USER SUBMISSIONS TO US, YOU HEREBY GRANT TO
You hereby acknowledge and agree that you obtain no rights in any form, media, or technology incorporating any User Submissions, and no ownership rights in any watermark used by
It is our policy to block access to or remove any material that we believe in good faith to be copyrighted material that has been submitted to the Site without proper authorization from the copyright owner. Further, we will close the accounts of repeat offenders and deny them access to the Site and Services.
We will remove any Content or User Submission 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)A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(b)precise identification of the copyrighted work or works claimed to have been infringed; and
(c)precise identification of the material on the Site that is claimed to be infringing or to be the subject of infringing activity and that is to be removed and information reasonably precise and sufficient to permit
(d)information reasonably sufficient to permit
(e)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
(f)a statement that the information in the notification is accurate, and, under penalty of perjury, that you are either the owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section, your notification of alleged infringing activity may not be valid. In addition, you acknowledge that
(d)YOU UNDERSTAND AND AGREE THAT THE SITE AND ALL CONTENT AND SERVICES ARE INTENDED FOR ENTERTAINMENT PURPOSES AND ARE NOT INTENDED TO PROVIDE SPECIFIC INFORMATION OR SPECIFIC ADVICE IN REGARD TO ANY COURSE OF ACTION OR INACTION IN ANY CIRCUMSTANCES WHATSOEVER, INCLUDING, IN PARTICULAR, ANY CIRCUMSTANCES HAVING FINANCIAL OR LEGAL ASPECTS OR CONSEQUENCES; AND, THEREFORE,
(a)UNDER NO CIRCUMSTANCES WILL
(b)UNDER NO CIRCUMSTANCES WILL
If you are a
You 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 inability to access a
If the dispute cannot be resolved through mediation, you agree that it will be submitted to binding arbitration in the state of Delaware, before a neutral arbitrator and in accord with the rules and procedures of the American Arbitration Association. The resulting settlement will be binding on both parties, which means that the settlement terms will not be appealable to either a state or federal judicial court. The prevailing party will be entitled to recover its reasonable costs and attorney's fees.
You agree that the Site is based in Delaware and is a passive Site that does not give rise to personal jurisdiction over
You agree to indemnify and hold us, and our affiliates, directors, officers, employees and representatives, harmless from and against any loss, cost, claim, suit, injury, damages, liability and expense, including reasonable attorneys' fees, brought against us by a third party and arising out of or relating to
(a)your use of and access to the Site;
(b)your violation of any third party right, including, without limitation, any copyright, trademark, patent, trade secret, privacy, publicity, or other intellectual, personal property, or privacy right;
(c)any claim that one of your User Submissions has been the direct cause of any injury of any kind to a third party;
(d)any fraud, manipulation, deception or misrepresentation made, acted, performed or perpetrated by you; and
(e)any violation of applicable federal or state laws or regulations.
You and we are separate and independent parties, and no agency, partnership, joint venture, contractor,
The use of any name, trademark, trade name, 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.