V-TIP.COM Terms of Use

The effective date of this agreement is September 20, 2012.

This agreement contains the terms and conditions (the "Terms of Use") under which VTIP ENTERTAINMENT, LLC d/b/a V-TIP.COM ("V-TIP.COM", "we" or "us" or "our") offers you (the "user" or "you" or "your"), access to its website WWW.V- TIP.COM (the "Site") and our Services (as defined below). Among other things, these Terms of Use describe your responsibilities and limit our liability. Please know that you will not be allowed to use the Services unless you affirmatively agree to these Terms of Use. Therefore, before using any of the Services, please read all these Terms of Use and the Site carefully.

While V-TIP.COM may attempt to notify you of any major changes made to these terms and conditions, you are advised to view them on a regular basis. V-TIP.COM reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Site following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

1. USER ACCEPTANCE OF TERMS OF USE

By using the Services and/or visiting the Site, you state your agreement to be legally bound and to abide by the Terms of Use. If you do not agree to the Terms of Use, you must not use the Site or the Services. The Terms of Use include our Privacy Policy (the "Privacy Policy") that is posted on the Site. If you violate the Terms of Use, we may terminate or cancel your access rights to the Site immediately without notice. We may also block your use of the Site. We reserve the right at any time to modify or discontinue the Site or any part thereof and you agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Site or any part thereof. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to us. No portion of the Site is targeted to children, and any minor should seek consent of his or her legal guardian before using the Site. You must be at least 18 years of age to access and view such areas.

Setup of V-Tip Account as well as status and purchase information can be found on your My Account page. If you choose to become a V-Tip Account holder, you will be able to purchase credits ("Tip Dollars") for use as token currency on the Site. You can purchase Tip Dollars via the merchant account page located within your My Account page under V-Tip Account. On the merchant account page will be displayed the purchase price of each Tip Dollar and the acceptable source of funding (which is subject to change).We reserve the right to limit the number of Tip Dollars a member can purchase.

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 V-Tip Account. You will be able to transfer your Tip Dollars to other members in appreciation for their content on the Site ("Virtual Tipping" or "Tipping"). Other members will receive your Tip Dollars within Virtual Tip Jars associated with content they upload. Members have the right to reject or accept Tip Dollars from other members. Members also have the right not to display their Virtual Tip Jar on any content they have uploaded to the site.

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 V-Tip Account section of your My Account page.

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 V-Tip Account section of your My Account page.

V-TIP.COM reserves the right to allow Non V-Tip Account Holders to purchase Tip Dollars for a one time, quick transaction ("Quick Tip"). Visitors to the site that elect to use the Quick Tip option are bound by the same rules that govern the use of Tip Dollars, but will not be afforded the same rights and privileges as a V-Tip Account Holder and may not receive Tip Dollars from members or Tip Out and be paid for Tip Dollars purchased from V-TIP.COM.

If you register as a V-Tip Account Holder, you understand and acknowledge that you are required to provide accurate and up to date information including an email address ("User ID") and password that you control. You may not use a false name or User ID with the intent of impersonating another person. You may receive confirmation and thank you emails associated with your V-Tip Account. As detailed in the Privacy Policy, your private information will not be given to any third party without your consent. WE RESERVE THE RIGHT TO CANCEL YOUR MEMBERSHIP AT ANY TIME AND FOR ANY REASON, IN OUR SOLE DISCRETION.

If you create a V-Tip Account, you acknowledge and agree to comply with the following use requirements:

(a)You will not use your V-Tip Account for illegal or unethical purposes, or for purposes that are considered obscene or immoral within the relevant legal and community standards.

(b)You will not use your V-Tip Account to encourage, incite, exhort, or endorse other members or any third parties to do acts that would be considered illegal, harmful, dangerous, unethical, obscene, or immoral within the relevant legal and community standards.

(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 one-to-one rate of exchange. V-TIP.COM GUARANTEES THAT THE VALUE OF ONE TIP DOLLAR WILL NEVER FALL BELOW THE VALUE OF ONE U.S. DOLLAR. V-TIP.COM may from time to time provide incentive offers at a more advantageous rate of exchange. The maximum number of Tip Dollars that can be purchased in a 48 hour period is 20. This restriction may be subject to change based on volumes or other factors, as set forth on the Site. The purchase of Tip Dollars is non- refundable..

(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 V-Tip Account, through the My Account page, or via email or as directed on the Site.

(f)You acknowledge that V-TIP.COM will assess and retain a transaction fee when you decide to Tip Out and we buy back your Tip Dollars for U.S. Dollars. The amount of this transaction fee is subject to change with or without notice, due to a variety of factors. V- TIP.COM will act as a guarantor of all Tip Dollars purchased legally from V-TIP.COM's website or Tip Dollars given to its members directly from V-TIP.COM in accordance with the rules and regulations stipulated on the Site and at the price set forth on the Site.

(g)You acknowledge that you are required to have at least 1 Tip Dollar in your V-Tip Account to maintain an active V-Tip Account. You also acknowledge that you are required to purchase 5 Tip Dollars to start a V-Tip Account. Inactive V-Tip Accounts are closed and must be opened as outlined in the V-Tip Account set up tutorial.

(h)V-TIP.COM will buy back Tip Dollars only from your personal V-Tip Account. We will not buy back Tip Dollars from an account owned by another member.

(i)YOU UNDERSTAND AND ACKNOWLEDGE THAT V-TIP.COM HAS THE RIGHT, AT ITS SOLE DISCRETION, TO CLOSE ANY V-TIP ACCOUNT AND BUY BACK UNUSED TIP DOLLARS FROM THE V-TIP ACCOUNT HOLDER FOR ANY REASON AND AT ANY TIME EITHER WITH OR WITHOUT NOTICE. THE CLOSING OF A V-TIP ACCOUNT DOES NOT NECESSARILY MEAN THAT THE AFFECTED MEMBER CANNOT CONTINUE TO USE THE SITE, BUT V-TIP.COM RESERVES THE RIGHT TO TERMINATE MEMBERSHIPS AT ANY TIME AND FOR ANY REASON.

(j)YOU UNDERSTAND AND ACKNOWLEDGE THAT V-TIP.COM HAS THE RIGHT, AT ITS SOLE DISCRETION, TO LIMIT THE AMOUNT OF TIP DOLLARS BOUGHT BY US USING THE TIP OUT PROCEDURE DURING ANY 24-HOUR PERIOD.

(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 non-refundable and irrevocable transaction. Any mistakes that may arise due to mistaken Tip Dollar transfers must be resolved through communications between the affected members. V-TIP.COM will not be an arbitrator of any disputes between members which result from mistaken transfers of Tip Dollars.

(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, V-TIP.COM shall have no responsibility with respect to the claims, warrants or representations of such goods and services, but all purchase transactions must be legal. If you violate the above rules, your V-Tip Account may be closed by V-TIP.COM.

(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.

5. USE OF THIRD PARTY MONEY TRANSFER SERVICES BY MEMBERS

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.

V-TIP.COM is not responsible for any delays or denial of monies transferred to a member's bank account or any Third Party Service account if that member's account is not in good standing or the member is otherwise in violation of the Third Party Service's terms and conditions of use.

V-TIP.COM is not responsible for monies that are unavailable or inaccessible due to the unavailability, for any reason, of the Third Party Service. In addition, V-TIP.COM is not responsible for monies lost, stolen or any errors or incompetence performed by Third Party Services.

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 V-TIP.COM must match exactly what has been disclosed to the Third Party Service. Failure to provide such information may cause delay or prevent the transfer of monies. V-TIP.COM is not responsible for any such delays that result from improper or incomplete information.

6. UNAUTHORIZED CARD USE; TAX INFORMATION; DISCLAIMER

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 V-TIP.COM learns members have purchased Tip Dollars illegally.

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.

7. RESTRICTIONS ON MEMBER'S RIGHTS TO USE SITE

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

(c)you will comply with the Terms of Use and Privacy Policy.

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 on-line web browser (notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and we reserve the right to revoke these exceptions either generally or in specific cases);

(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 V-Tip Account, and you must keep your password secure.

8. MEMBER OBLIGATIONS IN REGARD TO USER SUBMISSIONS

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 V-TIP.COM Site a non- exclusive license to access your User Submissions through the Site and to use your User Submissions as permitted by the functionality of the V-TIP.COM Site and under these Terms of Use. Your license to other site users in regard to each of your particular User Submissions terminates when you withdraw or remove that particular User Submission from the Site.

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:

(a)if applicable, you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Use; and

(b)if applicable, you have obtained the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Use.

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 V-TIP.COM; or

(f)impersonate another person.

9. V-TIP.COM'S RIGHTS IN REGARD TO USER SUBMISSIONS

V-TIP.COM does not endorse any User Submission or any opinion, recommendation, or any information or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions.

You understand and acknowledge that V-TIP.COM reserves the right to place a digital watermark, either visible to the human eye or detectable only via an electronic device, on all User Submissions ("Watermark"). The Watermark may consist of word trademark, word service mark, design logo, or composite word+design trademark owned by V- TIP.COM, or some other word, symbol, or combination thereof.

WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO DECIDE WHETHER USER SUBMISSIONS ARE APPROPRIATE FOR THE SITE AND WHETHER THEY COMPLY WITH THESE TERMS OF USE. WE RESERVE THE RIGHT TO REMOVE USER SUBMISSIONS FOR ANY REASON AND AT ANY TIME WITHOUT PRIOR NOTICE. WE ALSO RESERVE THE RIGHT TO TERMINATE ANY MEMBER'S ACCESS TO THE SITE AT ANY TIME AND FOR ANY REASON IF WE DETERMINE, IN OUR SOLE DISCRETION, THAT SUCH MEMBER HAS SUBMITTED ONE OR MORE USER SUBMISSIONS THAT DO NOT COMPLY WITH THESE TERMS OF USE OR ARE OTHERWISE INAPPROPRIATE FOR THE SITE.

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.

10. V-TIP.COM'S INTELLECTUAL PROPERTY RIGHTS IN ALL CONTENT

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, audio-visual materials, interactive features, and the like ("Content") and all trademarks, service marks and logos contained therein, are either owned by V-TIP.COM or licensed to us, are watermarked with a watermark owned by V-TIP.COM, and are enforceable under the intellectual property laws of the United States, under the state laws of the several States, and under laws of foreign jurisdictions and international conventions. CONTENT ON THE SITE, INCLUDING ACCESS TO USER SUBMISSIONS, IS PROVIDED FOR THE PERSONAL USE OF MEMBERS AND SITE USERS ONLY WHILE VISITING THE SITE AND ONLY WITHIN THE SPECIFIC CONTEXT OF THE SITE. CONTENT MAY NOT BE COPIED, REPRODUCED, DISTRIBUTED, TRANSMITTED, BROADCAST, DISPLAYED, SOLD, LICENSED, OR OTHERWISE EXPLOITED FOR ANY OTHER PURPOSES WHATSOEVER WITHOUT THE PRIOR WRITTEN CONSENT OF V-TIP.COM AND, IF APPLICABLE, OTHER RIGHTS OWNERS. WE RESERVE ALL RIGHTS NOT EXPRESSLY GRANTED IN AND TO THE SITE AND THE CONTENT. YOU EXPRESSLY AGREE TO REFRAIN COMPLETELY FROM ENGAGING IN ANY USE, COPYING, REPRODUCING, DISTRIBUTING, TRANSMITTING, BROADCASTING, DISPLAYING, SELLING, LICENSING, OR OTHERWISE EXPLOITING ANY OF THE CONTENT OTHER THAN EXPRESSLY PERMITTED HEREIN. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.

11. V-TIP.COM'S LICENSE TO USE USER SUBMISSIONS

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 V-TIP.COM A NON-EXCLUSIVE, WORLDWIDE, ROYALTY FREE, SUBLICENSABLE, TRANSFERRABLE LICENSE TO USE, COPY, REPRODUCE, DISTRIBUTE, DISPLAY, PERFORM, BROADCAST, TRANSMIT, MODIFY, WATERMARK, AND MAKE DERIVATIVE WORKS FROM YOUR USER SUBMISSIONS IN ANY MANNER, THROUGHOUT THE WORLD, AND IN ANY HARDCOPY OR ELECTRONIC MEDIUM NOW KNOWN OR YET TO BE DEVELOPED AND THROUGH ANY TECHNOLOGIES NOW KNOWN OR YET TO BE DEVELOPED. This license which you have granted to V-TIP in regard to each of your particular User Submissions will terminate within a commercially reasonable time after you have withdrawn or removed a particular User Submission from the Site.

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 V-TIP.COM with your User Submissions.

12. COPYRIGHT INFRINGEMENT POLICY AND DMCA NOTIFICATION PROCEDURE

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 V-TIP.COM to locate the material; and

(d)information reasonably sufficient to permit V-TIP.COM to contact you, such as an address, telephone number, and, email address; and

(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 V-TIP.COM has the right to disregard any notification of alleged infringing activity that does not contain sufficient information or does not otherwise comply with the notification guidelines provided in the DMCA.

V-TIP.COM has a designated Copyright Agent to receive notifications of claimed infringement. V-TIP.COM has a designated Copyright Agent to receive notifications of claimed infringement. Notifications to the designated Copyright Agent must be sent using one of the options on the contact us page found here. For clarity, only DMCA notices should go to the Copyright Agent. Any other feedback, comments, requests for technical support, and other communications should be directed to V-TIP.COM customer service by using one of the options on the contact us page located here.

13. DISCLAIMER OF WARRANTIES

V-TIP.COM'S SITE AND SERVICES AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. V-TIP.COM MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

(a)V-TIP.COM MAKES NO WARRANTIES, AND EXPRESSLY DISCLAIMS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT;

(b)V-TIP.COM MAKES NO WARRANTIES THAT ITS SITE OR SERVICES, OR THE SERVICES AVAILABLE THROUGH THE SITE, WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR OR BE FREE OF SOFTWARE ERRORS OR COMPUTER VIRUSES;

(c)V-TIP.COM MAKES NO CLAIMS OR GUARENTEES THAT ITS SITE OR SERVICES, OR THE SERVICES AVAILABLE THROUGH THE SITE, WILL MAKE THE MEMBER SUCCESSFUL IN THEIR FUNDRAISING EFFORTS.

(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, V-TIP.COM MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE;

(e)V-TIP.COM DOES NOT WARRANT THAT THE PRODUCTS, SERVICES, DESCRIPTIONS, INFORMATION OR MATERIAL INCLUDED ON THE SITE WILL BE AS REPRESENTED BY THIRD-PARTY PROVIDERS, WILL BE FREE OF DEFECTS OR LAWFUL TO SELL, OR WILL BE SATISFACTORY TO YOU, OR THAT THIRD-PARTY PROVIDERS WILL PERFORM AS PROMISED;

(f)V-TIP.COM EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND

(g)V-TIP.COM EXPRESSLY DISCLAIMS ANY OBLIGATION, LIABILITY OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM ANY NEGLIGENCE OF V-TIP.COM.

14. LIMITATION OF LIABILITY

(a)UNDER NO CIRCUMSTANCES WILL V-TIP.COM OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM THESE TERMS OF USE OR V-TIP.COM'S SITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE.

(b)UNDER NO CIRCUMSTANCES WILL V-TIP.COM OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM ANY PRODUCTS OR SERVICES AVAILABLE THROUGH V-TIP.COM'S SITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE.

15. CUSTOMER SERVICE

If you are a V-Tip Account Holder and encounter problems with the Site, in particular, problems which arise from your use of your V-Tip Account, you must bring such problems to the attention of V-TIP.COM within 48 hours of your discovery of the problem through the methods described in the Contact Us page. o We will use our commercially reasonable efforts to ensure that your use of your V-Tip Account is accurate, satisfactory, and problem-free. Feedback, comments, requests for technical support, and other communications should be directed to V-TIP.COM using the contact us page located here.

16. SITE MAINTENANCE

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 V-Tip Account.

17. DISPUTE RESOLUTION

V-TIP.COM maintains a three step process for resolving disputes. It is our experience that most disagreements can be effectively and satisfactorily resolved through good faith negotiations between the parties involved. Therefore, we require, and you agree, that as a first step in resolving any misunderstanding or dispute, the problem will be fully discussed between you and V-TIP.COM with a good-faith goal of achieving a mutually satisfactory resolution.

If good-faith negotiations between you and V-TIP.COM cannot resolve the dispute, you agree that the dispute will be submitted to non-binding mediation in the state of Delaware before a Delaware certified mediator chosen and deemed acceptable by V-TIP.COM. Further, you agree that the chosen mediator will apply fair and neutral procedural rules to both parties in an effort to resolve the dispute, and you agree to abide by such procedural rules.

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 AND V-TIP.COM AGREE THAT ANY UNRESOLVED CLAIM ARISING OUT OF OR RELATED TO THE SITE MUST BE SUBMITTED TO MEDIATION WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM; FURTHER, IF THE MEDIATION PROCESS FOR SUCH CLAIM IS NOT INITIATED WITHIN ONE YEAR, SUCH CLAIM IS PERMANENTLY BARRED AND CANNOT THEN BE SUBMITTED EITHER TO MEDIATION OR TO BINDING ARBITRATION.

18. DELAWARE ONLY LOCATION

You agree that the Site is based in Delaware and is a passive Site that does not give rise to personal jurisdiction over V-TIP.COM in jurisdictions other than Delaware.

19. INDEMNIFICATION

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.

20. NO AGENCY

You and we are separate and independent parties, and no agency, partnership, joint venture, contractor, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms of Use.

21. ASSIGNMENT

You may not assign these Terms of Use or any of your rights hereunder to a third party without first obtaining our express written consent.

22. TRADEMARKS

V-TIP, V-TIP.COM, WELCOME TO THE NEW ECONOMY, and the V-TIP Design Logo are trademarks and service marks of VTIP ENTERTAINMENT, LLC ("Trademarks"). Your use of the Site does not create any express or implied right or license allowing you to use the Trademarks. In addition, your use of the Site does not create in you any ownership interest in the Trademarks. Therefore, you may not use our Trademarks in any manner that is not properly authorized in writing by V-TIP.COM.

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.

23. GENERAL INFORMATION

These Terms of Use, together with our Privacy Policy and any other legal notices published by V-TIP.COM on the Site, constitute the entire agreement between you and V-TIP.COM concerning the Site, our Services, and your activities on the Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and V-TIP.COM's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. In the event of any conflict between these Terms of Use and any other provisions set forth in the Site, these Terms of Use will control.