Viplink | Terms of Use

Effective Date: April 17, 2023

Welcome to Viplink Inc. (“Viplink” or "Us" or "Our" or "We") website and mobile application ("Website" or "Platform"). We appreciate your visit.

These Terms of Use ("Terms") constitute a legal agreement between You and Viplink Inc. (collectively referred to as "Everyone"). They govern Your utilization of all text, data, information, software, graphics, photographs, and other materials (collectively referred to as "Materials") provided by Us and Our affiliates. These Terms also cover any services ("Services") offered through Our Website.

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.

• I. MODIFICATIONS
  
  
• II. GENERAL USE
  
  
• III. ACCOUNT REGISTRATION AND USE
  
  
• IV. USING THIS WEBSITE AND THE WEBSITE’S SERVICES
  
  
• V. VIPLINK CAMPAIGNS
  
  
• VI. PAYMENTS AND REFERRAL PROGRAM
  
  
• VII. PRIVACY POLICY
  
  
• VIII. CODE OF CONDUCT
  
  
• IX. INTELLECTUAL PROPERTY INFRINGEMENT
  
  
• X. DISCLAIMER OF WARRANTIES.
  
  
• XI. LIMITATION OF LIABILITY
  
  
• XII. FEEDBACK
  
  
• XIII. CLASS ACTION WAIVER
  
  
• XIV. CONTACT US
  
  
• XV. LANGUAGE
  
  

I. Modifications

• Viplink reserves the right to modify, suspend, or cancel this Website and the Materials and Services offered at its discretion, without prior notice. These modifications include changes, updates, additions, or deletions to these Terms and Conditions. We will post any changes to these Terms and Conditions on this Website. We may also require your electronic consent to the modifications or new Terms and Conditions.
  
  
• All Content must adhere to the Code of Conduct and Unauthorized Activities outlined in these Terms and Conditions. If any Content violates these Terms or similar limitations, Viplink may seek its removal from the relevant social media platform and disqualify the Creator from participating in the Campaign or earning rewards. Viplink may also terminate the Creator's account for violating these Terms.
  
  
• "Content," "User Content," and "User Submissions" must comply with these Terms and Conditions, Campaign Guidelines, and Campaign Prompts.
  
  
• For Paid Services, Viplink will provide you with the agreed-upon access and usage privileges, or as otherwise described when you initially selected to use the Paid Service.
  
  
• In regard to each Campaign in which a Creator Participant participates and earns a financial payment (the "Campaign Terms"), Viplink will:
  
  
• Pay the Creator Participant the agreed-upon financial compensation within the specified timeframe. Provide the Creator Participant with the necessary resources and support to effectively participate in the Campaign. Manage the Campaign in a fair and transparent manner, adhering to all applicable laws and regulations. Unless otherwise stated in these Terms and Conditions, all Materials, including their arrangement on this Website, are owned by Viplink, Inc. Copyright 2023. All rights not expressly granted are reserved. Without the express authorization of the copyright owner or license holder, copyrighted content cannot be reproduced, distributed, modified, retransmitted, or published.
  
  
• Under no circumstances will Viplink or any of its Affiliates be liable to you or any third party for any loss or damages of any kind (including, but not limited to, any direct, indirect, economic, exemplary, special punitive, incidental, or consequential loss or damages) that are directly or indirectly related to (a) the Services; (b) your use of, inability to use, or performance of the Services; (c) User Content; or (d) any action taken in connection with an unauthorized use of the Services.
  
  
• If you disagree with any of the Modifications, you must stop using this Website immediately. Your continued use of this Website after notification of such Modifications constitutes your electronic consent to be bound by them. Please note that expressly designated legal notices or conditions on certain Website pages may override these Terms and Conditions. These expressly designated legal notifications or provisions are incorporated into these Terms and Conditions and supersede the superseded provisions.
  
  

II. General Use

• Age Eligibility
  
  
• Only individuals who are at least 13 years old are permitted to access and use the Viplink website and services. Users under the age of 18 must obtain the consent and supervision of a parent or legal guardian before accessing or using the Viplink website or services.
  
  
• Agreement to Terms
  
  
• By accessing or using the Viplink website or services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions (the "Agreement"). If you do not agree to the Agreement, you may not access or use the Viplink website or services.
  
  
• Ownership and Intellectual Property
  
  
• The Viplink website and all its content, including but not limited to text, images, audio, video, software, and code (collectively, the "Materials"), are the property of Viplink, Inc. or its licensors. All rights not expressly granted in the Agreement are reserved.
  
  
• You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, or in any way exploit any of the Materials or Services without the express prior written consent of Viplink, Inc.
  
  
• User Consent for SMS Communication
  
  
• By signing up for an account on our platform or applying to a campaign, you consent to receive SMS (text message) notifications from us related to your account activity, service requests, and other relevant updates. These messages are transactional in nature and are intended to keep you informed about the status of your interactions with our platform.
  
  
• 1. Consent to Receive SMS Notifications:
  
• By providing your phone number during the sign-up process or campaign application, you explicitly agree to receive SMS notifications from us. These notifications may include, but are not limited to:
  
• - Application confirmations
  
• - Profile review updates
  
• - Service approval or rejection notifications
  
• - Reminders to review and update your personal information
  
  
• 2. Opting Out:
  
• You may opt out of receiving SMS notifications at any time by adjusting your communication preferences within your account settings or by replying STOP to any SMS you receive from us. Please note that opting out of transactional SMS messages may limit your ability to receive important updates regarding your account or services.
  
  
• 3. Message and Data Rates:
  
• Standard message and data rates may apply to SMS notifications, depending on your mobile carrier and service plan.
  
  
• 4. Privacy and Data Usage:
  
• Your phone number and any personal data related to SMS communication will be handled in accordance with our Privacy Policy.
  
  

III. Account Registration and Use

• Accurate and Complete Information: When registering for an account on the Viplink website and using the Viplink platform, you agree to provide accurate, current, and complete information. You are responsible for updating your account information as needed.
  
  
• Password Assistance: If you forget your password, you may reset it by clicking on the "Forgot Password" link on the login page and providing your email address. You will receive an email with instructions on how to reset your password.
  
  
• Application of Terms: These Terms and Conditions apply to your use of the Viplink platform, whether you access the website directly or through your account. You are responsible for obtaining and maintaining all equipment and services needed to access the Viplink website and platform.
  
  
• Security of Account and Responsibility of User
  
  
• Responsibility for Unauthorized Access:
  - You are entirely responsible for maintaining the security and confidentiality of your Viplink account, including your username, password, and any information associated with your access.
  - If your account is accessed by third parties, with or without your knowledge, you will be solely responsible for all activities conducted, including the request for unauthorized payments.
  - Viplink is not liable for payments processed to third parties who have gained access to your account due to a security breach, failure to protect credentials, or cyber-attacks targeting the user.
  
  
• Prevention and Notification:
  - If you suspect that your account has been compromised, you mustimmediately notify Viplink [email protected] so that we can assess and, if possible, suspend fraudulent activities.
  - Viplink is not responsible for recovering or refunding funds paid to third parties due to the user's failure to protect their account.
  
  
• Verification of Identity for Payments
  - Viplink may, at its sole discretion, require additional verification before processing payments, including but not limited to:
  • - Confirmation via registered email;
    - Two-factor authentication (when available);
    - Additional documentation for identity verification.
  
  
  
• Denial of Refunds and Duplicate Payments
  - In case of account compromise, Viplink will not be obligated to make an additional payment to the creator if the funds have already been sent to the registered account before the fraud notification.
  - The creator assumes the risk of any unauthorized access and is responsible for implementing adequate security measures to protect their account.
  
  
• Password Security
  
  
• Notification of Security Breach: If you believe that your password or Viplink account security has been compromised, you must notify Viplink immediately at [email protected] ; Viplink will take reasonable steps to investigate and address any potential security breaches.
  
  
• Account Modifications
  
  
• Viplink Modifications: Viplink may modify the Viplink platform, your account, or your access to the Viplink platform without prior notice.
  
  
• Data Retention: If Viplink cancels your access to the platform or you deactivate your account, your account data may be retained. However, your personal data will not be retained.
  
  
• Account Termination
  
  
• Suspension or Termination: Viplink may suspend or terminate your account for any reason, including but not limited to suspicious activity, your failure to meet eligibility requirements, or your breach of these Terms and Conditions.
  
  
• Reregistration: If Viplink suspends, cancels, or terminates your account, you may not register for a new account without Viplink's prior written consent.
  
  
• Data Storage and Disposal
  
  
• Account Deactivation: You may deactivate your account at any time. If you deactivate your account, you forfeit any undeposited funds.
  
  
• Privacy Policy: Viplink's Privacy Policy governs the storage and disposal of your data.
  
  
• No Registration Required
  
  
• Visiting the Website: You may visit the Viplink website and browse without registering for an account. However, you will not be able to access certain features of the website or platform without an account.
  
  

IV. Using This Website and the Website's Services

• To access and utilize certain services and content on this website, you must first create an "Account" with us. If you have been removed from the website, you will not be permitted to create a new account unless we provide you with explicit authorization.
  
  

V. Viplink Campaigns

• Campaign Participation
  
  
• • Eligibility: Eligible Creators ("Campaign Participants") may participate in Campaigns by submitting their content and following the specified guidelines and requirements ("Campaign Prompt").
    
    
  • Campaign Prompt: Campaign Brands ("Brand Partners") provide Campaign Opportunities for Creators to create and share content promoting their offerings. Brand Partners submit the Campaign Prompt, which outlines the campaign's objectives, target audience, and desired content format.
    
    
  • Campaign Partner Engagement: Brand Partners manage their Campaigns and engage with Creators throughout the campaign period.
    
    
  • Campaign Participant Compensation: Campaign Participants may earn rewards based on the engagement metrics of their Campaign Content, as specified in the Campaign Terms. Campaign Terms may include age restrictions and other eligibility criteria.
    
    
  • Content Disclosure Requirements: To ensure transparency and adherence to applicable advertising laws and guidelines, all Campaign Participants must clearly disclose when their content is promotional, sponsored, or otherwise financially compensated by a Brand Partner. This disclosure must be prominent and easily understood by the audience. Creators are required to use hashtags such as #ad, #sponsored, #publicidade, or #publi, or utilize the native disclosure tools provided by each social media platform. Failure to include appropriate disclosures may result in the removal of the content from the platform, disqualification from the Campaign, and forfeiture of any rewards associated with the Campaign.
    
    
  • Campaign Support: Viplink provides ongoing support to Creators and Brand Partners throughout the Campaign process.
    
    
  • Campaign Management: Viplink facilitates the communication and collaboration between Creators and Brand Partners to ensure the successful execution of Campaigns.
    
    
• Disclaimer of Liability
  
  
• • Viplink's Role: Viplink acts as a neutral platform enabling Creators to connect with Brand Partners for Campaign participation. Viplink is not a party to the Campaign transactions and does not directly control or influence the content created, purchased, obtained, submitted, or sold through Viplink.
    
    
  • Viplink's Liability: Viplink disclaims any liability arising from or related to any Campaign transaction, including but not limited to any claims, losses, damages, or expenses arising from the content, performance, or conduct of any Creator or Brand Partner.
    
    
  • Third-Party Transactions: Viplink facilitates the connection between Creators and Brand Partners solely for the purpose of facilitating Campaign participation. All transactions between Creators and Brand Partners are independent of Viplink and are subject to the terms and conditions agreed upon between the parties involved.
    
    
• Content Ownership:
  
  
• • Creators retain ownership of the content they create for Campaigns. However, Creators grant Viplink and its licensors a non-exclusive, perpetual, worldwide, royalty-free, irrevocable, transferable and sublicensable license to use, copy, modify, adapt, distribute, license, sublicense, transmit, publicly perform, publicly display, digitally perform, reproduce, create derivative works from, translate, incorporate into other media and formats, and otherwise use and exploit any Content (collectively, the "Content") by Creators that is submitted to Viplink in connection with a Campaign.
    
    
  • This license grant includes the right for Viplink and its licensors to use the Content on any and all platforms and media, including, without limitation, social media platforms, websites, mobile applications, and television. Furthermore, this license grant includes the right for Viplink and its licensors to incorporate or otherwise incorporate the Content into other works.
    
    
  • In granting Viplink and its licensors this license grant, Creators represent and warrant that they have all necessary rights to grant such a license, including without limitation, all copyrights, trademarks, and other relevant intellectual property rights.
    
    
  • Once Content is submitted to Viplink in connection with a Campaign, the content is considered royalty-free for the Brand Partner. Brand Partners are free to use the Content without any additional fees.
    
    
  • Viplink will use its best efforts to attribute the Content to the Creator whenever possible. However, the Brand Partner may modify the Content to fit the Brand Partner's needs and brand guidelines.
    
    
  • Creators understand and agree that Viplink and its licensors may use the Content to promote Viplink and its services, including without limitation posting the Content on Viplink's website and social media pages.
    
    
  • Creators may request that Viplink remove the Content from Viplink's website and social media pages at any time. However, Viplink may retain a copy of the Content in its archives for historical purposes.
    
    
  • Viplink may terminate this license grant at any time upon written notice to the Creator. Upon termination, the Creator will be responsible for removing the Content from all platforms and media.
    
    
  • This license grant is in addition to any other licenses granted to Viplink under these Terms of Use.
    
    
• Rewards:
  
  
• • Campaign Participants may get cash rewards based on Partner Brand views as described on the “Campaigns details” site. Campaign Terms may include age restrictions.
    
    
  • Campaign FAQs and details provide further information.
    
    
• YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO THE VIPLINK TRANSACTIONS, INCLUDING WITHOUT LIMITATION ANY CAMPAING, AND YOU RELEASE US FROM ANY LIABILITY RELATED THERETO OR RELATED TO CONTENT CREATED, PURCHASED, OBTAINED, SUBMITTED OR SOLD THROUGH VIPLINK.
  
  
• You represent and warrant that Viplink Inc. or any Viplink user will not pay You, any third party, guild, union, management, agent, or collective bargaining agreement for Campaign Material or our Website.
  
  

VI. Payments

• As a Brand Partner, You agree to pay all applicable fees related to Your use of this Website and Our Services, as outlined in your invoice, which are described fully on Your Brand Dashboard and applicable Content Collaboration Agreement. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.
  
  
• With respect to each Content Collaboration that a Creator Participant participates in and earns a financial payment (the “Content Earnings”), Viplink shall pay the Creator Participant 100% of the agreed-upon payment if the total amount is less than $1,000. For payments exceeding $1,000, a platform fee of 5% will be deducted, and the Creator will receive the remaining 95% of the total amount. Payments will be made to content creators within 30 days of the final Content Collaboration Earnings being processed.
  
  
• Viplink is not responsible for, and will not make any deduction to payments made to You for any fees, commissions, costs, expenses, or payments of any kind to or with respect to any third party, including any manager, agent, attorney, representative, or service provider, in connection with any revenue earned by or payments made to you in connection with our Platform; and Viplink is not responsible for any contributions, payments, taxes, or deductions for social security, retirement benefits, unemployment insurance, annuities, or pension or welfare fund payments required by law or any labor union, or any withholding or taxes.
  
  
• You represent and warrant that as between Viplink and You, You assume sole liability for and will pay or cause to be paid all applicable contributions, payments, taxes, and deductions for social security, retirement or other benefits, healthcare insurance, unemployment insurance, annuities, pension and welfare fund payments required by law, regulation, or any labor union, and all withholding and income taxes, and make any reports required as a result of participation on our Website under these Terms.
  
  
• You agree to provide to Viplink any required tax forms, including without limitation, Internal Revenue Service Form W-9 or W-8BEN, required by Viplink in connection with your use of the Website.
  
  
• We may suspend or terminate Your account and/or access to Our Services and this Website if Your payment is late and/or Your offered payment method (e.g., credit card or PayPal account) (“Payment Method") cannot be processed.
  
  
• The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor (as defined below), do not receive payment from you, you agree to pay all amounts due on your Billing Account (as defined below) upon demand.
  
  
• We understand that You might cancel Your account, but please know that We will not provide any refund(s) and You will be responsible for paying any balance due on the account.
  
  
• To make things less complicated, You agree that We may charge any unpaid fees to Your provided Payment Method and/or send You a bill for such unpaid fees.
  
  
• We use Wise as our Payment Processor, and you can access their Terms of Service and Privacy Policy at https://wise.com/gb/legal/global-privacy-policy-en. Additionally, payments may also be made via direct bank transfer.
  
  
• The processing of payments will be subject to the terms, conditions and privacy policies of the applicable Payment Processor in addition to these Terms, and You agree, as a condition to making payments as a Brand Partners or receiving payments as a Creator, to abide by the terms and conditions of such Payment.
  
  
• Processors, as the same may be updated from time to time. Breach of the terms and conditions provided by such Payment Processors can lead to payments being withheld in addition to any other rights or remedies We may have at law or under these Terms. We are not responsible for any error by, or other acts or omissions of, the Payment Processors.
  
  
• By applicable payment terms, and You authorize us, through the applicable Payment Processor, to charge Your chosen Payment Method. We reserve the right to correct any errors or choosing to use Paid Services, You agree to pay Us, through the Payment Processors, all charges at the prices then in effect for any use of such Paid Services in accordance with the mistakes that the Payment Processor makes even if it has already requested or received payment.
  
  
• YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZE DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
  
  
• Any agreement You have with Your payment provider will govern Your use of your Payment Method. You agree that We may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
  
  
• Your non-termination or continued use of a Paid Service reaffirms that We are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and You will be responsible for such charges. This does not waive our right to seek payment directly from You. Your charges may be payable in advance, in arrears.
  
  
• Penalties for Cancellation and Unauthorized Use of Content
  
  
• • 1. Penalty for Cancellation of Approved Creator:
    
  • • a. In the event of a brand canceling a creator who has already been approved to participate in a campaign, the brand will be responsible for a penalty of $750.
      
  
  
  
• • 2. Penalty for Cancellation After Content Production:
    
  • • a. If a creator has produced content for a campaign and their participation is subsequently canceled by the brand, the brand will be responsible for a penalty of $3,000.
      
  
  
  
• • 3. Penalty for Unauthorized Use of Canceled Content:
    
  • • a. The use of any video or content that has been canceled will result in a penalty of $50,000 for the responsible brand.
      
  
  
  
• These penalties are applicable to cover operational costs and compensate the creator for the work performed.
  
  

VII. Privacy Policy

• We value Your information and want You to know how We utilize it. Please read Our Privacy Policy ("Privacy Policy"), which explains everything.
  
  

VIII. Code Of Conduct

• You agree that You are solely responsible for all of Your User Submissions and that any such User Submission is considered non-confidential and non-proprietary, and You represent and warrant that You have all rights necessary to contribute, in any manner, the User Submission to the Services in the manner in which You contribute it. We cannot guarantee that You can amend or remove Your User Submissions.
  
  
• When you use the Platform, You are promising Us that:
  
  
• • * You will abide by these Terms.
    
  • * Your Platform interactions, including Campaigns, are your responsibility. You accept that Viplink is not accountable for Creator or user behavior. Viplink may monitor or get involved in conflicts between You and other users or Creators.
    
  • * You respect others (including when communicating with any Viplink representatives or other employees).
    
  • * No impersonation; fraudulently claim association with any person or entity; access others' Accounts without authorization; falsify another individual's digital identity signature; misrepresent the source, identity, or content of Platform-transmitted information; or engage in other fraudulent behavior.
    
  • * You will not misuse the Platform.
    
  • * You will not use or attempt to utilize cheats, bots, automation software, hacks, other third-party Platform-interfering software.
    
  • * You will not gather, use, or try to use another user's Account login credentials.
    
  • * You will not use the Platform to scam, pyramid, or otherwise defraud other users.
    
  • * You will not disrupt the Platform or its servers or networks by distributing worms, viruses, spyware, malware, malicious code, or other harmful or disruptive code. You may not insert material or code or otherwise change how Viplink pages are viewed in browsers or devices.
    
  • * You will not defame, stalk, bully, spam, abuse, harass, threaten, impersonate, or intimidate anyone (including Brand Partners) through the Platform, and you must not stream, broadcast, or post or otherwise use information via the Platform that may violate data privacy laws or other harmful violations of personal identity or privacy, including credit card information, non-public phon Automated access to Platform material is prohibited.
    
  • * You will not create an Account using a script, bot, spider, crawler, or scraper. Viplink may sue you if you use any automated, macro, software, or similar approach or commit Platform fraud.
    
  • * You will not use the Platform to violate any local, state, national, or international law or regulation, including those regulating intellectual property and other proprietary rights, data protection, and privacy.
    
• 
  Viplink may deny you access to the Platform for any reason at any time.
  
  
• Banned Content includes any of the following:
  
  
• • * Fails to comply with the Federal Trade Commission's Endorsement Guidelines by making false, misleading, or untrue representations about a Brand Partners or their content, brand, product, or services;
    
  • * Fails to disclose the Creator's significant link to the Brand Partners in accordance with the Federal Trade Commission's Endorsement Guidelines;
    
  • * We find objectionable or feel may harass, offend, humiliate, frighten, or irritate others or Brand Partners;
    
  • * Is aggressive, frightening, profane, pornographic, rude, or nude;
    
  • * Abuses, insults, threatens, discriminates, or promotes racism, sexism, hate, or prejudice;
    
  • * Is illegal or promotes or aids illegal action, including terrorism, inciting racial hate, or committing a crime by submitting;
    
  • * Infringes third-party rights (including intellectual property and privacy rights);
    
  • * Includes using another person's image or likeness without consent (or parental approval for minors);
    
  • * Include non-Your email addresses, contact information, and phone numbers;
    
  • * Incorporate private or secret information;
    
  • * Contains no unsolicited or illegal advertisement, promotion, junk mail, spam, chain letter, pyramid scheme, or other solicitation;
    
  • * Contradicts the Services' intended usage;
    
  • * May damage Viplink, Brand Partners, and other Viplink Producers.
    
• 
  We may, but are not required to, pre-screen User Contributions or monitor any Website section where they may be submitted. We may remove or deny User Contributions at any time. User Contributions lost, stolen, or damaged are not our responsibility. You also agree that We may release Your User Contribution to any third party without any confidentiality obligation.
  
  

IX. Intellectual Property Infringement

• We encourage You to respect others' intellectual property. Accordingly, We remove User Submissions that violate others' intellectual property rights, suspend access to this Website (or any portion thereof) to any user who uses this Website in violation of someone's intellectual property rights, and/or terminate in appropriate circumstances the account of any such user.
  
  

X. Disclaimer Of Warranties

• Viplink disclaims all warranties of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Viplink does not warrant that this website will be uninterrupted, error-free, or secure.
  
  
• Viplink does not warrant that the products, services or information purchased or obtained through this website will be of satisfactory quality or meet your expectations. Viplink does not warrant that the content bought and sold via this website is accurate, complete or up-to-date.
  
  
• This website and its content are provided "as is" and without any warranties of any kind. Viplink disclaims all warranties, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume all risk associated with the use of this website.
  
  

XI. Limitation Of Liability

• ANY TECHNICAL OR OTHER MALFUNCTION WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF FORESEEABLE OR EVEN IF THE VIPLINK PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF SUCH DAMAGES. The Viplink Parties are not liable for any loss, damage, or injury, including death or personal injury.
  
  
• Some states prohibit the exclusion or limitation of incidental or consequential damages, so the above may not apply to you. Despite the foregoing, if the Viplink Parties are found to be liable to you for any damage or loss arising out of or in any way connected to your use of the Platform, their total liability to you for all damages, losses, or causes of action will not exceed $50 or the amount you pay us for use of, or in connection with, the Services.
  
  
• You agree to defend, indemnify, and hold the Viplink Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected to your use or misuse of the Services or any of the following (including your direct activities on the Service or those conducted on Your behalf): (A) Your breach or alleged breach of these Terms; (B) Your violation of any third party right, including intellectual property, publicity, confidentiality, property, or privacy rights; (C) Your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including regulatory, administrative, and legislative authorities; and (D) any User Submissions. You will not settle any claim without Viplink's prior written authorization.
  
  
• If You use this Website outside the United States of America, You are solely responsible for following applicable local laws.
  
  

XII. Feedback

• Your submissions, including content, ideas, comments, questions, and materials, are considered non-confidential and non-proprietary. Unless prohibited by law, you hereby grant us an unconditional, perpetual, worldwide, royalty-free license to use, exploit, and modify any feedback you provide without attributing or compensating you for your contributions. This license extends to all intellectual property and proprietary rights, including ideas, know-how, concepts, techniques, and patentable material. We are not obligated to use, display, reproduce, or distribute any feedback, and you have no right to compel our use.
  
  

XIII. Class Action Waiver

• READ THIS PROVISION CAREFULLY. IT IMPACTS LEGAL RIGHTS.
  
  
• To facilitate the prompt and efficient resolution of any disputes that may arise between you and Viplink, both parties agree to resolve any and all disputes, whether present or based on acts or omissions in the past or future, exclusively and finally by binding arbitration rather than in court.
  
  
• This includes disputes arising from or in any way related to your use of the Viplink Services, including technical malfunctions, loss of data, or personal injury. It also includes disputes arising from your breach of these Terms, your violation of third-party rights, or your violation of applicable laws.
  
  
• Before you can file any claim against Viplink, you must first send a written notice of your dispute to Viplink's legal department at [email protected] This notice must include your name, address, claim, and remedy sought. Viplink will then have 45 days to resolve the dispute. If Viplink is unable to resolve the dispute within 45 days, you may then file a lawsuit in court.
  
  
• However, there are a few exceptions to the arbitration requirement. You may still file a lawsuit in court if Viplink has breached or threatened to breach a provision of the Terms that is essential to your ability to use the Services. You may also file a lawsuit in court if you are seeking injunctive relief to prevent Viplink from infringing your intellectual property rights.
  
  
• Please note that this arbitration agreement does not preclude you from filing a complaint with the appropriate consumer protection agency.
  
  
• Arbitration/Opt Out
  
  
• • In general, you and Viplink agree to resolve all disputes through binding arbitration rather than in court. However, there are two exceptions:
    
    
  • 1. Small Claims Court: You or Viplink may bring a dispute to small claims court if it qualifies for small claims court jurisdiction.
    
    
  • 2. Opt Out: You may opt out of this arbitration agreement by sending a written notice to Viplink's legal department at [email protected] This notice must include your name and address and state your explicit refusal to arbitrate disputes with Viplink. You must send this notice within 30 days of first consenting to these Terms of Service (the "Opt-Out Deadline").
    
    
  • Opt-Out Deadline: Any opt-out request submitted after the Opt-Out Deadline will be invalid and you will be required to resolve your dispute through arbitration or small claims court.
    
    
  • No Harm to Relationship: Viplink will not take any action against you for opting out of this arbitration agreement. Opting out will not affect your ability to use the Viplink Services.
    
    
• Arbitration
  
  
• • Dispute Resolution; If we cannot resolve a dispute through pre-arbitration claim resolution, either of you may start an arbitration proceeding. The American Arbitration Association The AAA, www.adr.org will arbitrate all disputes with a single arbitrator. No class arbitration, consolidated action, or representative arbitration will be allowed. The arbitrator will decide all issues, including the scope of this provision.
    
    
• If this Article applies and Pre-Arbitration Claim Resolution fails, You or We may start arbitration., will arbitrate all issues with a single arbiter. No class arbitration, consolidated action, or representative arbitration shall be started. The arbitrator decides everything, including this Provision's scope.
  
  
• Dispute Resolution for Disputes under $75,000
  
  
• • * The AAA's Supplemental Procedures for Consumer-Related Disputes will apply.
    
    
  • * The arbitrator will apply FAA-compliant substantive law and the statute of limitations or condition precedent to litigation.
    
    
  • * The arbitrator will not award class relief.
    
    
• Dispute Resolution for Disputes over $75,000
  
  
• • * The AAA's Commercial Arbitration Rules will apply.
    
    
  • * The arbitrator will apply FAA-compliant substantive law and the statute of limitations or condition precedent to litigation.
    
    
  • * The arbitrator may award class relief, but only if both you and Viplink agree in writing to the class action.
    
    
• Arbitration Award
  
  
• • The arbitrator may award individual remedies within relevant law. The arbitrator will write an award but need not offer a justification unless asked by a party or required by law. The award will be final and binding on the parties and may be entered in any court with jurisdiction over them for enforcement.
    
    
• Waiver of Class Action Waiver
  
  
• • The arbitrator may not consolidate more than one person's claims or preside over any type of class or representative proceeding.
    
    
  • This Class Action Waiver does not apply if you opt out of the Arbitration Provision and pursue your dispute in court
    
    
  • Jury Waiver
    
    
  • By accepting this provision, you and Viplink waive your right to a jury trial. You may not participate or be represented in a lawsuit brought by others (including class actions).
    
    
• Severability
  
  
• • * This provision will survive your account termination with Viplink or its affiliates and your discontinuation of website use.
    
    
  • * This provision will be enforced even if any other provision of these Terms is found to be invalid or unenforceable.
    
    

XIV. Contact Us

• You can email Us at [email protected] with any concerns regarding these Conditions or other inquiries.
  
  

XV. Language

• Viplink has established English as the official language for these Terms of Use, any related documents, and all official communications regarding our service.
  
  

Contact Information and Queries

• For any questions, clarifications, or concerns regarding this Terms or the practices of Viplink, users are encouraged to contact us via email at [email protected]. Our team is dedicated to addressing your queries and providing the necessary support regarding our services.