Legal / TOS
1. ACCEPTANCE OF TERMS By accepting/accessing WristbandVIP.com (“the Service”), you signify your agreement to all terms, conditions, and notices contained or referenced herein, the Terms of Service (“TOS”). If you do not agree to the TOS, do not use this Service. We reserve the right, at our discretion, to update or revise the TOS. Please check the Terms periodically for changes online. Wristband VIP™ provides its service to you, subject to the following TOS, which may be updated by us from time to time without notice to you. In addition, when using particular Wristband VIP™ services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Your continued use of these Services following the posting of any changes to the TOS constitutes acceptance of those changes. In consideration of the Company’s agreement to sell you Novelty Wristband(s), you agree to be bound by these Terms and Conditions, and you indicate such agreement by submitting an order form as stated on the website “By submitting an order you acknowledge that you have read and agree to the TOS.”
2. DESCRIPTION OF SERVICE Wristband VIP™ currently provides users with booklets, products, and access to online resources. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Wristband VIP™ properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that Wristband VIP™ assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings online. You hereby represent and warrant that: a. You are at least eighteen (18) years of age; b. You understand and acknowledge that the Novelty Wristband(s) are intended to be used solely for entertainment purposes and are not intended or designed to be used as, or represented to be, evidence of your identity, likeness or age; and c. You will not use the Novelty Wristband(s) (1) for any unlawful or illegal purpose or in connection with or in furtherance of any unlawful or illegal activity; (2) in violation of any applicable law or regulation, (3) in a manner that will, or is likely to, infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the right of privacy, publicity or other personal rights of others, or (4) any conduct or activity that is, in the sole opinion of the Company, defamatory, indecent, obscene, offensive, threatening, abusive, hateful, tortuous or vocative of the rights of any other person or entity.
3. RESPONSIBILITY FOR NOVELTY WRISTBAND(s)
You shall be solely responsible for, and Wristband VIP™ shall have no liability whatsoever for, any loss or damage arising from your purchase, possession or use of any Novelty Wristband(s) or the possession or use by any third party of any Novelty Wristband(s) purchased by you, regardless of whether such possession or use was authorized by you. You will defend, indemnify and hold harmless Wristband VIP™, its directors, partners, officers, employees and agents (collectively “Indemnities”) against any and all claims, liability, loss, damage, or harm (including without limitation reasonable legal and accounting fees) suffered by such Indemnities arising from or in connection with (I) your purchase, possession or use of any Novelty Wristband(s), including without limitation any claims, liability, loss, damage, harm suffered by such Indemnities arising from or in connection with the possession or use by any third party of any Novelty Wristband(s) purchased by you, regardless of whether such possession or use was authorized by you, or (ii) your breach of these Terms and Conditions. You hereby release the Indemnities from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your purchase, possession or use of any Novelty Wristband(s) or the possession or use by any third party of any Novelty Wristband(s) purchased by you, regardless of whether such possession or use was authorized by you. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
4. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: You acknowledge that the Novelty Wristband(s) are provided to you “as is”, “with all faults” and “as available”. THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONTRACTUAL OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE NOVELTY WRISTBAND(S) OR ANY ASPECT THEREOF, AND ALL WARRANTIES WITH RESPECT THERETO ARE HEREBY EXPRESSLY DISCLAIMED. Wristband VIP™ expressly reserves the right to change any aspect of any Novelty Wristband(s) (including without limitation the physical appearance, materials or construction methods) at any time without notice to you.
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SPECIFICALLY, Wristband VIP™ DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
b. Wristband VIP™ MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED ONLINE OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Wristband VIP™ OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
5. LIMITATION OF LIABILITY NEITHER Wristband VIP™ NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DAMAGES ARISING OUT OF USE OF THE SERVICE, PRODUCTS, OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Wristband VIP™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RESPECTIVE LIABILITY OF Wristband VIP™, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH LAW. FURTHER, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Wristband VIP™ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Wristband VIP™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
a. Any other provision of this Agreement to the contrary notwithstanding, the liability of Wristband VIP™ for any losses or damage, whether direct or indirect, arising out of these Terms Of Service or your purchase, possession or use of any Novelty Wristband(s) from any cause whatsoever or in connection with the possession or use by any third party of any Novelty Wristband(s) purchased by you, regardless of whether such possession or use was authorized by you, including without limitation any cause of action sounding in contract, tort or strict liability, shall be limited to actual, direct damages incurred but in no event shall exceed the fees paid by you to the Company for the Novelty Wristband(s) in connection with which such liability arose. Wristband VIP™ shall not be liable for lost profits or other consequential damages, cover damages, or for any claims against you by any third party, even if Wristband VIP™ was advised of the possibility of same. Under no circumstances shall Wristband VIP™ be liable hereunder for special damages, general damages, incidental damages, indirect damages, or exemplary or punitive damages.
6. MEMBER CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted online, are the sole responsibility of the person from which such Content originated. This means that you, and not Wristband VIP™, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Wristband VIP™ does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Wristband 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, emailed, transmitted or otherwise made available via the Services provided.
Information included in this booklet or on Wristband VIP™ is made available for personal use only. Any information relating to business for any other purpose, including but not limited to, reproducing and storing in a retrieval system by any means, electronic or mechanical, photocopying or using the addresses or other information for any private, commercial or political mailing or contact, is strictly prohibited, is in direct violation of copyright and would constitute misappropriation of corporate property. All information contained herein remains the property of Wristband VIP™The data contained on this Web site may not be reproduced in whole or in part by any person or entity without the express written permission of the Wristband VIP™. Wristband VIP™ has attempted to verify and correctly state the information contained herein. However, Wristband VIP™ and its officers disclaim all liability and responsibility for the accuracy of this information. In addition, circumstances may have rendered some information herein obsolete prior to the date of the publication or prior to the time the information is reviewed by the reader.
7. INDEMNITY Upon a request by Wristband VIP™, you agree to defend, indemnify, and hold harmless Wristband VIP™ and other affiliated companies, and their owners, employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Service. Wristband VIP™ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Wristband VIP™ in asserting any available defenses. Further, you agree to indemnify and hold Wristband VIP™, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
Copyright 2013 – Wristband VIP™ – All Rights Reserved