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VIP Terms of Use
Ownership Welcome to the VIP Fan Club Web site at www.vipfanclubs.com and all affiliated websites (collectively referred to as "Site") that are owned by VIP Limited Partnership ("VIP"). This Site is operated by VIP and materials on the Site are owned, for the most part, by VIP. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and VIP.
VIP has created this Site for your personal enjoyment, entertainment and education. However, you are only authorized to access this Site or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use that constitute an Agreement between you and VIP. Please read these Terms of Use carefully and save them. If you do not agree with them, you should leave this Site immediately.
VIP reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.
Privacy Policy We recognize the importance of respecting your privacy and have an established privacy policy as a result. We encourage you to carefully read the Privacy Policy. To view our Privacy Policy click here.
Access and Use All materials contained in this Site are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.
The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is strictly prohibited unless you have obtained the prior written consent of VIP or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other Web site or networked computer environment is similarly prohibited.
You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, online postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
Unsolicited Submissions VIP does not knowingly accept unsolicited submissions including, without limitation, submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. VIP's policy is to simply delete any such submission without reading it or forwarding it to other VIP staff.
If unsolicited submissions are sent to VIP via this Site, however, these submissions become the property of VIP and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as VIP sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against VIP, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
Linked Sites and Advertising If VIP has provided links or pointers to other Web sites, no inference or assumption should be made and no representation should be implied that VIP is connected with, operates or controls these Web sites.
VIP is not responsible for the content or practices of third party Web sites that may be linked to this Site. This Site may also be linked to other Web sites operated by companies affiliated or connected with VIP. When visiting other Web sites, however, you should refer to each such Web site's individual Terms of Use and not rely on this Agreement. VIP takes no responsibility for third party advertisements that are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.
Disclaimer of Liability and Warranties While VIP does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.
The Site, and all materials in this Site, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that VIP DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable; the information content, services or merchandise provided through the Site will be accurate or error free.
You acknowledge that VIP, its affiliates together with their respective employees, agents, directors, officers and shareholders, and its licensors are NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network. You acknowledge that VIP is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.
Payment Warranties You represent and warrant that if you are purchasing something from us that (i) the credit card information you supply us is true, correct, and complete, (ii) charges incurred by you will be honored by your credit card company, (iii) you will pay the charges incurred by you at the posted prices, including all applicable taxes, shipping and handling charges, and (iv) you agree to pay or have paid all fees and charges incurred in connection with your user name and password for VIP. YOU, AND NOT VIP, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
Indemnity You agree to defend, indemnify and hold harmless VIP and its affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of this Site; your failure to use the Site; your membership in any of the VIP fan clubs, your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
User Warranties You warrant and represent as follows: (a) You shall abide by all the terms and conditions of this agreement; (b) You are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site; (c) You will not take any action which would derogate VIP or its licensors' rights in and to their intellectual property or content; (d) You will not infringe on the copyrights of any third parties; (e) You will not violate any laws in your use of the Site or membership any of the VIP fan clubs; and (f) You will not interfere in the business of VIP by violating the rules above or by attempting to divert traffic from the Site.
Membership You can join any of the VIP Fan Clubs by filling out our registration form (online or offline) and submitting any applicable payment for the membership fee/dues. By registering with us, you agree to comply with all membership term and conditions, to the terms of our privacy policy, to provide accurate and current information about yourself and to update that information if it changes. Your information shall be used in accordance with our Privacy Policy. Payment for joining a VIP fan club is non-refundable after the first thirty (30) days. In order to receive your refund, you must provide us with notice of your intention to terminate and return your membership kit (with all of the components and in resalable condition) to VIP Fan Clubs, Returns Department, 424 Fort Hill Drive, Suite 128, Naperville, IL 60540 via postpaid insured or via Federal Express Ground to ensure delivery, within thirty (30) days from the date you signed up for the VIP fan club. We will not reimburse costs if you return items by overnight delivery. We will not accept responsibility or issue refunds if membership kits are not received, are damaged, mutilated, lost or incomplete. You may terminate your membership(s) at any time, however, when you request termination after the first thirty days, there will be no refund for any unused portion of the current membership(s). Your membership may be terminated automatically without notice from VIP if you fail to comply with any provision of these Terms of Use. You may not assign or transfer your membership to any other person or entity. Your membership is subject to the terms and conditions of membership, these Terms of Use. If your membership dues were paid via credit card, then your membership is also subject to and any limits established by your credit card issuer. If VIP determines that you violated any terms and conditions of membership, these Terms of Use, or if your membership fee cannot be charged to your credit card or the charge is returned for any reason, including chargeback, VIP may suspend or terminate your membership, thereby terminating this Agreement and any and all obligations of VIP hereunder.
Merchandise Returns Policy You can return most items purchased at www.vipfanclubs.com within 20 days from the ship date. To qualify, simply initiate a return within 20 days from the ship date and ensure that it is returned in its original condition (including original packaging with a copy of the invoice paperwork that was enclosed with your order) to us at VIP Fan Clubs, Returns Department, 424 Fort Hill Drive, Suite 128, Naperville, IL 60540. We must receive your item back within 30 days of when we originally shipped it to you. Please allow us 3 - 5 days from the time we receive the item to process your return. For your protection, we suggest all returns be sent back by a traceable carrier. The customer must pay all costs related to return shipping item. After receiving and inspecting the returned merchandise, we will reimburse your credit card for the purchase price of the item, less the original shipping fee and less a restocking fee of $3.00 per item. For refunds on purchases made with a credit card, we will issue a credit to the same credit card used to make the purchase. The sale of discounted or clearance items, signed/autographed items, apparel that has been washed or worn, as well as any products that are marked non-returnable on the website are final, and as such, those items are exempt from this return policy. We cannot accept responsibility for packages sent to us that are lost, damaged, mutilated or incomplete.
Passwords and Account When joining a VIP fan club, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will be assigned a membership number that is tied to your account and the benefits you are to receive as a member of the fan club. You are entirely responsible for maintaining the confidentiality of your password and account, including any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any breach of security. VIP shall not be liable for any loss you may incur as a result of someone else using your membership number or account, either with or without your knowledge. However, you could be held liable for losses incurred by VIP or another party due to someone else using your account or password. You may not use anyone else's account at anytime.
User Comments, Feedback, Postcards And Other Submissions VIP welcomes your comments regarding the Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") submitted by you shall be and remain the exclusive property of VIP. Your submission of any such Comments shall constitute an assignment to VIP of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. VIP will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not intend to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Product Information The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States. All products are offered subject to availability. Prices, promotions and/or discounts may be changed at any time without notice. VIP makes every effort to display the colors of our products as accurately as possible on the Web site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Limitation Of Liability YOUR USE OF THE SITE AND/OR MEMBERSHIP IN ANY VIP FAN CLUB IS ENTIRELY AT YOUR SOLE RISK. VIP, ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AGENTS OR AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DAMAGE TO YOUR COMPUTER FROM USE OF THE SITE OR VIRUSES, OR DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE, YOUR INABILITY TO USE OR THE NON-PERFORMANCE OF THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUES, BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS EVEN IF VIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, MEMBERSHIP(S) OR SERVICES.
Termination VIP reserves the right to immediately terminate your use of, or access to, this Site at any time if VIP decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that VIP considers to be inappropriate or unacceptable.
Other This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement is governed by, and construed in accordance with, the laws of the State of Illinois without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of Illinois or, if appropriate, the United States District Court for the Northern District of Illinois for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
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