First of all, thank you for deciding to try out VIP, we wish you the very best in creating a profile to showcase your brand,
identity, your unique talents and skills as well as your qualifications. All the best. Now here goes with all the legal stuff,
sorry about the length but it's got it to be done.
These Term & Conditions (Terms of Use) are effective from August 31st, 2021
By accessing or using the VIP website, the VIP service, or any applications (including mobile applications) made available by VIP
(together, the Service;), however accessed, you agree to be bound by these terms of use (Terms of Use). The Service is owned or controlled
by zynergyx Technologies PVT Ltd. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these
Terms of Use, do not access or use the Service. There may be times when we offer a special feature that has its own terms and conditions that
apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict
with these Terms of Use. ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION
BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND VIP WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE
IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. By using the VIP website (vipprofile.io) and VIP service you are agreeing to be bound by
the following terms and conditions (Terms of Use).
Basic Terms
- You are responsible for any activity that occurs under your registered name.
- You are responsible for keeping your password secure.
- You must not abuse, harass, threaten, impersonate or intimidate other users.
- You may not use the service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding
online conduct and acceptable content.
- You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video
clips, links (Content) that you submit, post, and display on the VIP service.
- You must not modify, adapt or hack VIP or modify another website so as to falsely imply that it is associated with VIP.
- You may not post nude, partially nude, or sexually suggestive photos.
- You must not access VIP’s private API by any other means other than the VIP application itself.
- You must not crawl, scrape, or otherwise cache any content from VIP including but not limited to user profiles and photos.
- You must not create or submit unwanted email or comments (spam) to any VIP users.
- You must not use web URLs in your name without prior written consent from zynergyx Technologies PVT Ltd.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not, in the use of VIP, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Violation of any of these agreements will result in the termination of your VIP account. While VIP prohibits such conduct and content on
its site, you understand and agree that VIP cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such
materials and that you use the VIP service at your own risk.
General Conditions
- We reserve the right to modify or terminate the VIP service for. any reason, without notice at any time.
- We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use,
we will notify you via internet mail according to the preference expressed on your account. What constitutes a material change; will be
determined at our sole discretion, in good faith and using common sense and reasonable judgement.
- We reserve the right to refuse service to anyone for any reason at any time.
- We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.
- We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful,
offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party intellectual property or these Terms of Use.
- We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
Proprietary Rights in Content on VIP
- VIP does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications,
or any other materials (collectively) that you post on or through the VIP services. By displaying or publishing (posting) any Content on or through
the VIP Services, you hereby grant to VIP a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add
to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in
any media formats through any media channels, except Content not shared publicly (private) will not be distributed outside the VIP Services.
- Some of the VIP Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that VIP may
place such advertising and promotions on the VIP Services or on, about, or in conjunction with your Content. The manner, mode and extent of such
advertising and promotions are subject to change without specific notice to you.
- You represent and warrant that: (i) you own the Content posted by you on or through the VIP Services or otherwise have the right to grant the
license set forth in this section, (ii) the posting and use of your Content on or through the VIP Services does not violate the privacy rights,
publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your
Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other
monies owing any person by reason of Content you post on or through the VIP Services.
- The VIP Services contain Content of VIP (VIP Content). VIP Content is protected by copyright, trademark, patent, trade secret and other
laws, and VIP owns and retains all rights in the VIP Content and the VIP Services. VIP hereby grants you a limited, revocable, non-sub-licensable
license to reproduce and display the VIP Content (excluding any software code) solely for your personal use in connection with viewing the Site
and using the VIP Services. In cases where the company and product names and logos used in VIPs created by you are trademarks or registered trademarks
and copyrighted materials of other respective owners in certain countries you agree that you are solely responsible for the use of such logos and that
you agree to pay for all royalties, fees, and any other monies owing to the respective owners for the content you post on or through the VIP Services.
- The VIP Services contain Content of Users and other VIP licensors. Except as provided within this Agreement, you may not copy, modify, translate,
publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the VIP Services.
- VIP performs technical functions necessary to offer the VIP Services, including but not limited to trans-coding and/or reformatting Content to
allow its use throughout the VIP Services. Although the Site and other VIP Services are normally available, there will be occasions when the Site or
other VIP Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links
and equipment that are beyond the control of VIP. Also, although VIP will normally only delete Content that violates this Agreement, VIP reserves
the right to delete any Content for any reason, without prior notice. Deleted content may be stored by VIP in order to comply with certain
legal obligations and is not retrievable without a valid court order. Consequently, VIP encourages you to maintain your own backup of your Content.
In other words, VIP is not a backup service. VIP will not be liable to you for any modification, suspension, or discontinuation of the VIP Services,
or the loss of any Content.
Reporting Copyright and Other IP Violations
- We respect other people's rights, and expect you to do the same.
- We provide you with tools to help you protect your intellectual property rights.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, VIP CONTENT, IS PROVIDED ON AN AS AVAILABLE AND WITH ALL FAULTS, BASIS. TO THE FULLEST
EXTENT PERMISSIBLE BY LAW, NEITHER VIP NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY,
THE VIP PARTIES) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE;
(B) THE VIP CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO VIP OR VIA THE SERVICE. IN ADDITION,
THE VIP PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE VIP
PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE
OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE VIP PARTIES DO
NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL.
YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE VIP PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY
PARTICULAR JURISDICTION, AND THE VIP PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF
IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTIONS LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE VIP PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE
(WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE VIP PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT,
INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A)
THE SERVICE; (B) THE VIP CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN
CONNECTION WITH AN INVESTIGATION BY THE VIP PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTYS USE OF THE SERVICE; (F) ANY
ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICES OPERATION; OR (H) ANY
DAMAGE TO ANY USER & S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR
FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE
OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE,
ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE VIP PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF
THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED
IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE VIP PARTIES
BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE VIP PARTIES TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED US DOLLARS ($100.00). YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES,
LOSSES OR INJURIES THAT ARISE OUT OF VIPS ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN
INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE VIP PARTIES, AND YOU WILL
HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT,
SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE VIP PARTIES. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO
CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY
EXPRESSLY WAIVE, ANY LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: 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. VIP IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES,
AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Indemnification
You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at request), indemnify and hold the VIP
Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney fees and
costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted
on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation
of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your
violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without
limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by
VIP in the defence of any claim. VIP reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, and
you will not in any event settle any claim without the prior written consent of VIP. Arbitration Except if you opt-out or for disputes relating to: (1)
your or VIP intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the API Terms;
or (3) violations of provisions 13 or 15 of the Basic Terms, above (Excluded Disputes), you agree that all disputes between you and VIP (whether or not
such dispute involves a third party) with regard to your relationship with VIP, including without limitation disputes related to these Terms of Use,
your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the Sri Lankan National
Arbitration Centre (SLNAC) rules for arbitration of consumer-related disputes and you and VIP hereby expressly waive trial by jury. As an alternative,
you may bring your claim in your local small claims court, if permitted by that small claims court rules. You may bring claims only on your own behalf.
Neither you nor VIP will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate
in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person account, if VIP is a party to the
proceeding. In the event the Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case,
then either VIP or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered
by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have
authority to award damages, remedies or awards that conflict with these Terms of Use. You may opt out of this agreement to arbitrate. If you do so, neither
you nor VIP can require the other to participate in an arbitration proceeding. To opt out, you must notify VIP in writing within 30 days of the date that you
first became subject to this arbitration provision. You must email info@vipprofile.io with subject "Opt Out of the agreement to arbitrate" and in the body of
the email you must include your name and residence address, the email address you use for your VIP account, and a clear statement that you want to opt out of
this arbitration agreement. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be
unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination
of your relationship with VIP. Time Limitation on Claims You agree that any claim you may have arisen out of or related to your relationship with VIP must be
filed within one year after such claim arose; otherwise, your claim is permanently barred. Governing Law & Venue These Terms of Use are governed by and
construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY
NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or
in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree
to resolve any dispute you have with VIP exclusively in a state or federal court located in Sri Lanka, and to submit to the personal jurisdiction of the
courts located in Sri Lanka for the purpose of litigating all such disputes. If any provision of these Terms of Use is held to be unlawful, void, or for
any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use
and will not affect the validity and enforceability of any remaining provisions. VIP failure to insist upon or enforce strict performance of any provision
of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver
of such term or condition or any other term or condition. VIP reserves the right to change this dispute resolution provision, but any such changes will not
apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your
transactions with VIP. If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf
of that legal entity. These Terms of Use constitute the entire agreement between you and VIP and governs your use of the Service, superseding any prior
agreements between you and VIP. You will not assign the Terms of Use or assign any rights or delegate any obligations here under, in whole or in part,
whether voluntarily or by operation of law, without the prior written consent of VIP. Any purported assignment or delegation by you without the appropriate
prior written consent of VIP will be null and void. VIP may assign these Terms of Use or any rights here under without your consent. If any provision of
these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion
will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions
of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use.
These Terms of Use do not confer any third-party beneficiary rights.
Territorial Restrictions
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would subject VIP to any registration requirement within such jurisdiction or country.
We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time
and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that VIP provides. Software related to
or made available by the Service may be subject to Sri Lanka export controls. Thus, no software from the Service may be downloaded, exported or re-exported:
(a) into (or to a national or resident of) any country to which the Sri Lanka has embargoed goods; or (b) to anyone on the SL Treasury Department list of
Specially Designated Nationals or the SL Commerce Department Table of Deny Orders. By downloading any software related to the Service, you. represent and
warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The effective date of these
Terms of Use is from January 2nd, 2017. These Terms of Use were written in English (US), to the extent any translated version of these Terms of Use
conflicts with the English version, the English version controls.
