Welcome to VIP Online Marketplace
         Where everyone are VIPs

Terms Of Service

Last update: 21/07/2025


1. About the website

The Site is a platform through which certain merchants (“ Merchants ”) sell redemption codes for goods, services or experiences (“ Redemption Codes ”), sell travel goods and services (“ Travel ”), sell gift cards (“ Merchant Gift Cards ”), sell goods and services directly to you (“ Merchant Products ”), provide coupons, promotional codes, gifts, samples and vouchers for software downloads (“ Coupons ”) and sell dining experiences for specific dates and times (“ Reservations ”) (collectively, the “ Merchant Products ”). The Merchants are the sellers and issuers of the Merchant Products and are solely responsible to you for the care, quality and delivery of the goods and services provided.

In addition, the Site also provides a platform through which you can purchase products from VIPOnlineMarketPlace (“ Products ”) and participate in other available programs.

Certain Services, Seller Products, other available programs and prices on the website are subject to change at any time at VIPOnlineMarketPlace's sole discretion without notice.


2. Website Ownership

The Site, any content on the Site, and the infrastructure used to provide the Site are owned by us, our affiliates, Vendors, and other content providers. By using the Site and accepting these Terms of Use: (a) VIPOnlineMarketPlace grants you a limited, personal, non-transferable, non-exclusive, revocable license to use the Site in accordance with these Terms of Use and any additional terms and policies provided by VIPOnlineMarketPlace; and (b) you agree not to copy, distribute, create derivative works from, publicly display, publicly perform, license, sell, or resell any content, software, products, or services obtained from or through the Site without the express permission of VIPOnlineMarketPlace.


3. Use of the Site

As a condition of using the website, you agree that:

  • You have reached the age of majority in the state or province in which you reside;
  • You may have binding legal obligations;
  • You are not prohibited from receiving the products or services under applicable law;
  • You will not attempt to use the website with any spiders, robots, data mining or extraction tools or any other functionality;
  • Your use of the Website will at all times be subject to these Terms of Use;
  • You will only make legitimate purchases, in compliance with the terms and spirit of the terms of the respective offers;
  • You will only purchase goods on the website for your own use and enjoyment or as gifts for others;
  • You have the right to provide any and all information you submit to the Site, and all such information is accurate, true, current and complete;
  • You will update and correct the information you submit to the website and ensure that it is accurate at all times (outdated information will invalidate your account); and,
  • You will only purchase Products, Seller Products or participate in other available programs through the Website by creating an account on the Website and any purchases will be subject to the applicable Terms of Sale set forth in these Terms of Use.

4. Access the website

VIPOnlineMarketPlace reserves the right, in our sole discretion, to refuse service or deny use of the Site or Account to anyone at any time and for any reason. Although we make reasonable efforts to maintain access to the Site and your Account, there may be times when the Site and/or your Account may be unavailable. You understand and agree that there may be interruptions in service or events, access to the Site, or access to your Account due to circumstances within our control (e.g., routine maintenance) and beyond our control.


5. Modifications

We reserve the right to discontinue or modify any part of these Terms of Use at any time in our sole discretion. If we make changes that affect your use of our website or services, we will post notice of the changes on the Terms of Use page. Any changes to these Terms of Use will be effective upon posting; provided that these changes will not apply to Seller Products or Products purchased prior to the effective date of the changes. If you do not agree to the changes, you may close your account and you should not use the website or any services provided through the website after the effective date of the changes. We recommend that you review our Terms of Use periodically to ensure that you are informed of any changes. You agree that posting notice of any changes on the Terms of Use page is sufficient notice to inform you of such changes and that your continued use of the Site or our Services constitutes your acceptance of such changes and the revised Terms of Use.


6. Your Account

You may create and maintain an account on the Site for your personal use only and must register with a valid credit card. It is your responsibility to update and correct the information you submit to create or maintain your account. Part of your account settings are options to: (a) save, edit, or delete your personal information, including, but not limited to, a valid credit card; and (b) opt out of persistent logins. You understand and agree that VIPOnlineMarketPlace will not be liable for any issues arising from or related to your account settings. You must protect your password and monitor the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Site or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.

The Site may allow you to make purchases without an account or without logging into your account. If you make a purchase in this way, we will create an account for you based on the information provided to us in connection with the transaction (e.g., your name, address, e-mail address, and other transaction information).

Your account is non-transferable. You may not sell, combine, or share your account with anyone else. Any violation of these Terms of Use, including but not limited to failure to maintain current and accurate information about your account (e.g., valid credit card information), will result in your account becoming inactive and we may terminate your account at our sole discretion. If your account is terminated, you may forfeit any pending, current, or future account credits (e.g., VIPOnlineMarketPlace Bucks) and any other forms of unredeemed value in your account. Upon termination, the provisions of these Terms of Use that by their nature are intended to survive termination (e.g., any disclaimers, any limitations of liability, and any indemnification) will survive. We also reserve the right to change or discontinue any aspect or feature of our services or the website, including but not limited to usage requirements.


7. Your behavior

All interactions on the Site must comply with these Terms of Use. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any portion of the Site, we may limit or terminate your privileges on the Site and seek other remedies, including but not limited to canceling your account or forfeiting any unredeemed value in your account.

The following activities are prohibited on the Site and are considered violations of these Terms of Use:

  • Submit any content to the Site that:
     
    • Violate applicable laws (including, but not limited to, intellectual property laws, laws relating to privacy and publicity rights, and laws relating to defamation);
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    • Contains personal information, except where we explicitly ask you to provide that information;
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    • Contains viruses or malware;
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    • Allow unauthorized downloading of any copyrighted, confidential or private information;
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    • Impersonate someone else;
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    • Contains messages from non-VIPOnlineMarketPlace spokespersons communicating or providing confidential information relating to VIPOnlineMarketPlace on behalf of VIPOnlineMarketPlace;
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    • Contains string characters of any kind;
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    • Intentionally provide inaccurate, fraudulent or falsified information in connection with your VIPOnlineMarketPlace account or to create multiple VIPOnlineMarketPlace accounts; or
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    • Protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
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  • Try to do or actually do any of the following:
     
    • Access data not intended for you, such as logging into a server or account that you are not authorized to access;
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    • Scan or monitor the website for data collection purposes in an attempt to track sales, usage, aggregate promotional information, pricing information, or similar data;
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    • Scan or test the security or configuration of a website or breach security or authentication measures; or
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    • Interfere with any user's service in any way, including, without limitation, submitting a virus to the site or attempting to overload, “flood,” “spam,” “mailbomb,” or “crash” the site.
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  • Use any of the following methods:
     
    • Frame, frame techniques or framing technology to frame any content included on the website without our express written permission;
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    • Any content of the Site, including but not limited to User Content (defined below) in any meta tags or any other “hidden text” technique or technology without our express written permission;
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    • The Site or any of its content to advertise or solicit, for any commercial, political or religious purpose or to compete, directly or indirectly, with VIPOnlineMarketPlace; or
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    • The Site or any of its resources is intended to attract consumers, Merchants or other third parties to become users or partners of other online or offline services that are directly or indirectly competitive or potentially competitive with VIPOnlineMarketPlace, including, without limitation, aggregating current or previously offered services to facilitate transactions.
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  • Collect any of the following information:
     
    • Content from the website, including, without limitation, relating to current or previously offered transactions, and presenting such content to consumers in any manner that diverts traffic from the website without our express written permission; or
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    • Personal Information (as defined in our Privacy Statement), User Content (as defined in Section 12 below), or the content of any other consumer or Seller.
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  • • Engage in any of the following:
     
    • Tamper with or interfere with the proper working of any part, page or area of the website or any function or service provided by VIPOnlineMarketPlace;
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    • Take any action that places excessive demands on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other part of our infrastructure (as determined by us in our sole discretion);
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    • Resell or repurpose your access to the Site or any purchases made through the Site;
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    • Exceed or attempt to exceed the quantity limits when purchasing Products or Seller Products, or use any VIPOnlineMarketPlace account to purchase Products or Seller Products for resale or for speculative, false, fraudulent or any other purpose not permitted under the Terms of Use and the terms of a particular offer on the website;
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    • Access, monitor or copy any content from the website using any “robot”, “spider”, “scraper” or other automated means or any manual process for any purpose without our written permission;
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    • Violate the restrictions in any robot exclusion headers on the website or bypass or circumvent other measures used to prevent or restrict access to the website;
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    • Compile any current or previously provided transactions or content or other information from the Site (whether using links or other technical means or physical records relating to purchases made through the Site) with material from other websites or on secondary websites without our express written permission;
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    • Deep-link to any part of the Site (including, without limitation, the path to purchase any Vouchers) without our express written permission;
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    • Hyperlink to the Website from any other website without our initial and ongoing consent; or
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    • Act unlawfully or maliciously against the business interests or reputation of VIPOnlineMarketPlace, our Sellers or our services.
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8. Your Privacy

We value the privacy of your Personal Information (as defined in the Privacy Statement). We encourage you to carefully review our Privacy Statement for important disclosures about the ways we may collect, use and share personal data as well as your choices. Our Privacy Statement is incorporated into and subject to these Terms of Use, and is available here .


9. Terms of sale

By purchasing or receiving any Product or Seller's Products through the Site, you agree to these Terms of Use, including but not limited to the Terms of Sale, available here .


10. Special programs

By participating in special programs offered by VIPOnlineMarketPlace, such as VIPOnlineMarketPlace Pre-Orders, Refer a Friend VIPOnlineMarketPlace Bucks, Coupons, VIPOnlineMarketPlace Games, Points or VIPOnlineMarketPlace Card Linking Transactions, you agree to these Terms of Use and the additional terms of each program located here .


11. Copyright and Trademarks

The Site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photographs, video, graphics, music, and sound, and the entire content of the Site is protected by United States copyright, trademark, and other intellectual property laws. VIPOnlineMarketPlace owns a copyright in the selection, coordination, arrangement, and enhancement of the content, as well as the original content. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale of, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly provided under copyright law, no content may be downloaded, copied, redistributed, retransmitted, published, or commercially exploited without the express permission of VIPOnlineMarketPlace or the copyright owner. If permitted to download, copy, redistribute, retransmit or publish copyrighted material, you will independently credit the author(s) and/or make no changes to or deletions of any author attributions, trademark legends or copyright notices. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in copyright, trademark or other intellectual property infringement which may subject you to civil and/or criminal penalties.

VIPOnlineMarketPlace owns trademarks, registered and unregistered, in many countries and "VIPONLINEMARKETPLACE", the VIPOnlineMarketPlace logos and variations of these logos found on the website are trademarks owned by VIPOnlineMarketPlace or its related entities and all use of these trademarks inures to the benefit of VIPOnlineMarketPlace. “VIPONLINEMARKETPLACE” is a registered trademark in the following countries: Algeria, Antigua, Argentina, Armenia, Australia, Bahamas, Bahrain, Belarus, Brazil, Canada, Chile, Columbia, Costa Rica, Dominican Republic, Ecuador, Egypt, European Union, France, Germany, Hong Kong, Iceland, India, Indonesia, Israel, Jamaica, Japan, Jordan, Kenya, Lebanon, Liechtenstein, Macedonia, Mexico, Moldova, Morocco, New Zealand, Nigeria, Norway, OAPI, Panama, Paraguay, Peru, Philippines, Qatar, Russian Federation, Saudi Arabia, Singapore, South Africa, South Korea, Switzerland, Taiwan, Thailand, Tunisia, Turkey, Turkmenistan, Ukraine, United Arab Emirates, United States of America, Uruguay, Venezuela and Vietnam. You can find an incomplete list of VIPOnlineMarketPlace trademarks here .

Other trademarks on the Site that are not owned by VIPOnlineMarketPlace may be licensed by the trademark owners, in which case such license is for the benefit and use of VIPOnlineMarketPlace only unless otherwise stated, or may be the property of their respective owners. You may not use VIPOnlineMarketPlace's name, logo, trademark or trade dress or the trademarks or trade dress of others on the Site without the express permission of VIPOnlineMarketPlace.


12. User Content

The Site may provide registered users and visitors with various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses, and other communications, as well as files, images, photographs, videos, sound recordings, musical works, and any other content or materials submitted or posted to the Site (collectively, "User Content") through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs, or other communication facilities that may be made available on, through, or in connection with the Site from time to time. You may be required to have a VIPOnlineMarketPlace account in order to submit User Content.

If you contribute any User Content, you will not upload, post or otherwise make available on the Site any material that is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. VIPOnlineMarketPlace has no obligation or responsibility to provide you with any indications, markings or anything else that may assist you in determining whether the material in question is copyrighted or trademarked. You will be solely responsible for any damages resulting from any infringement of copyright, trademark, proprietary right or any other damages arising from such submission. Additionally, if you contribute any User Content, you represent and warrant that: (a) you are the original creator of the User Content; or (b) if you are acting on behalf of a creator, that you have (i) express, prior authorization from the creator to submit or post the User Content and that they have waived all moral rights to such User Content and (ii) all rights necessary to grant the licenses and grants in these Terms of Use. You further represent and warrant (or, if you are acting on behalf of a creator of User Content, you have ensured that the creator represents and warrants) that your use and sharing of the User Content for the purposes you have selected will not infringe or violate any copyright, trademark, or any other intellectual property right or the rights of a third party, including, without limitation, rights of publicity or privacy. You represent and warrant that you will not upload, post, transmit or otherwise make available any User Content that is unlawful, harmful, offensive, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of another's privacy or infringes any third party rights; and you will not upload, post, transmit or otherwise make available User Content that contains any material that contains viruses or any other computer code, files or programs designed to intercept, expropriate, disrupt, destroy or limit the functionality of any software or computer equipment.

VIPOnlineMarketPlace shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor User Content, and disclose User Content and the circumstances surrounding its transmission to any third party, at any time, for any reason, including, without limitation, to determine compliance with these Terms of Use and any operating rules established by VIPOnlineMarketPlace, as well as to satisfy any applicable law, regulation or government request. Without limiting the foregoing, VIPOnlineMarketPlace shall have the right to remove any material from the Community or any other website controlled by VIPOnlineMarketPlace, in its sole discretion. VIPOnlineMarketPlace shall not be liable for any User Content or other information appearing or removed from the website or elsewhere. VIPOnlineMarketPlace is under no obligation to use User Content and may not use such Content in any way.

In some cases and from time to time, you may modify or delete User Content submitted or posted through your account. VIPOnlineMarketPlace does not represent or warrant that User Content that you modify or delete will be modified or deleted from the Site or elsewhere, or that User Content will cease to appear on the Internet, in search engines, social media sites, or in any other form, medium, or technology.

  • Public Status Your content is available to your users.
     
    • You understand and agree that User Content is public. Any person (whether or not a user of VIPOnlineMarketPlace's services) may read your User Content without your knowledge. Please do not include any Personal Information in your User Content unless you wish for it to be publicly disclosed. VIPOnlineMarketPlace is not responsible for the use or disclosure of any Personal Information you disclose in connection with your User Content.
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    • o Any User Content of any kind created by you or any third party is authored by the respective author(s) or distributor(s) and not by VIPOnlineMarketPlace. Other users may post User Content that is inaccurate, misleading or deceptive. VIPOnlineMarketPlace does not endorse and is not responsible for any User Content, and will not be liable for any loss or damage caused by you relying on such User Content. User Content reflects the opinions of the person submitting it and may not reflect the opinions of VIPOnlineMarketPlace. VIPOnlineMarketPlace does not control or endorse any User Content and specifically disclaims any liability in connection with or relating to your contribution to, use of, or reliance on any User Content and any actions taken by you in any part of the Site, including, without limitation, any objectionable User Content.
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  • License Granting .
     
    • o Certain User Content that you submit to VIPOnlineMarketPlace may be displayed or may provide you with the option to display in connection with your Personal Information or portions of your Personal Information, including, but not limited to, your name, initials, username, social networking site user account name, image, likeness, interests, voice, and location. You grant VIPOnlineMarketPlace a royalty-free, perpetual, irrevocable, sublicensable, fully refundable, non-exclusive, transferable, worldwide license and right to use, commercially use, display and distribute any Personal Information in connection with your User Content in accordance with these Terms of Use, including without limitation, the right to offer and sell such rights in the Personal Information, whether the User Content appears alone or as part of other works, and in any form, media or technology, whether now known or hereafter developed , and to sublicense such rights through multiple tiers of sublicenses, all without compensation to you. However, VIPOnlineMarketPlace shall have no obligation to use your Personal Information in connection with any User Content.
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    • As between you and VIPOnlineMarketPlace, you will retain all ownership rights in and to the User Content that you submit or post. However, by contributing User Content or other information on or through the Site, you grant VIPOnlineMarketPlace a royalty-free, perpetual, irrevocable, sublicensable, fully prepaid, non-exclusive, transferable, worldwide right and license to use, reproduce, create derivative works from, publish, modify, translate, distribute, perform, display, transmit, offer for sale and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses and without compensation to you. You waive any "moral rights" or other rights with respect to attribution or integrity of materials regarding User Content that you may have under any applicable law under any legal theory. VIPOnlineMarketPlace's license in any User Content or Personal Information submitted includes, but is not limited to, use for promotions, advertising, marketing, market research, vendor feedback, quality control or any other lawful purpose.
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    • o As detailed in Section 3, the contribution of User Content or other information on or through the Site is limited to individuals who are over the age of majority in their state or province of residence. The Site is designed and intended for adults. By contributing User Content or other content on or through the Community, you represent that you are over the age of majority in your state or province of residence. We will promptly remove User Content or other content associated with any account that we become aware is in fact associated with a registered user who is under the age of majority in his or her state or province of residence.
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13. Unsolicited Comments

We do not accept or consider, directly or through any VIPOnlineMarketPlace employee or agent, unsolicited opinions of any kind, including, but not limited to, opinions or suggestions regarding new or improved products, enhancements, reputations or technologies, advertising and marketing campaigns, plans, or other promotions. Do not send us (or any of our employees) any unsolicited opinions, suggestions, materials, or images of any kind (“Unsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that the following terms, whether in a letter of recommendation, or otherwise, will apply to these Terms:

  • VIPOnlineMarketPlace has no obligation to review any Unsolicited Materials or to keep any Unsolicited Materials confidential; and
  • VIPOnlineMarketPlace shall own and may use and redistribute the Unsolicited Materials for any purpose whatsoever without restriction and without any obligation to acknowledge or compensate you.

14. Infringement Reporting Procedure and Digital Millennium Copyright Act (DMCA) Procedure

  • Procedure for Reporting Infringement. If you own a copyright, trademark, patent or other intellectual property right (“ IP Owner ”) or if you are an agent authorized to act on behalf of an IP Owner (“ Authorized Agent ”) and you believe in good faith that material or products on the website infringe upon the copyright, trademark or other intellectual property right of the IP Owner and you wish to notify VIPOnlineMarketPlace, you may report your concern(s) by submitting a complaint here .
  • DMCA Procedures. VIPOnlineMarketPlace reserves the right to terminate your or any third party's use of the Site if such use infringes another party's copyright. VIPOnlineMarketPlace may, in appropriate circumstances and at its sole discretion, terminate your or any third party's access to the Site if VIPOnlineMarketPlace determines in its sole discretion that you or a third party is a repeat infringer. If you believe that any material has been posted via the Site by any third party in a way that constitutes copyright infringement and you wish to notify VIPOnlineMarketPlace, you must provide VIPOnlineMarketPlace's DMCA Agent identified below with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) identification of the copyrighted work and the location on the Site of the work that is allegedly infringed; (c) a written statement that you have a good faith belief that the disputed use of the work is not authorized by the copyright owner, its agent, or the law; (d) your name and contact information, including, but not limited to, a telephone number and email address; and (e) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf
VIPOnlineMarketPlace's DMCA Agent contact information for notice of claimed copyright infringement is: VIPOnlineMarketPlace, Inc. Attn: Copyright Agent, 600 W. Chicago Ave., Chicago, IL 60654, email: XXX@ VIPOnlineMarketPlace .com .


15. Disclaimer of Warranty

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. VIPONLINEMARKETPLACE, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR SUBSIDIARIES OR AFFILIATES' EMPLOYEES, AGENTS, VENDORS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS DO NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR VIRUS-FREE OR ERROR-FREE, AND DO NOT WARRANT ANYTHING RELATING TO THE SITE. REGARDING (A) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR (B) THE ACCURACY, COMPLETENESS, OR RELIABILITY OF (I) THE CONTENT ON THE SITE, INCLUDING, BUT NOT LIMITED TO, VENDOR OFFERS, PRODUCTS, OR OTHER PROGRAMS, (II) DESCRIPTIONS OF VENDOR OFFERS, PRODUCTS, OR OTHER PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE WEBSITE. THE WEBSITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE WEBSITE, AND ANY VENDOR OFFERS, PRODUCTS OR PROGRAMS MADE AVAILABLE OR AVAILABLE THROUGH THE WEBSITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, VIPONLINEMARKETPLAY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION OR VENDOR OFFERS, PRODUCTS OR OTHER PROGRAMS THAT MAY BE ACCESSED OR AVAILABLE THROUGH THE SITE . AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THE EXPRESS, NON-INFRINGEMENT, NON-Interference, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AS WELL AS THE IMPLIED WARRANTIES OF COURSE OF PERFORMANCE OR COURSE OF DEALING. THE WARRANTY LIMITATIONS IN THIS SECTION DO NOT APPLY TO LIMIT ANY WARRANTIES PROVIDED DIRECTLY BY THE VENDOR OR BY THE APPLICABLE MANUFACTURER OF THE PARTICULAR PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES MADE BY VIPONLINEMARKETPLACE IN OTHER APPLICABLE TERMS.

 

16. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIPONLINEMARKETPLACE, ITS SUBSIDIARIES OR AFFILIATES OR ANY EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, VENDORS, PARTNERS, SUPPLIERS OR THIRD PARTY CONTENT LICENSORS OF SUBSIDIARIES OR AFFILIATES OR ANY EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OF SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY LOST PROFITS DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF, RELATING TO OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE SITE, CONTENT, USER CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY PERSONAL INFORMATION AND ANY OTHER INFORMATION CONTAINED ON THE SITE OR SUBMITTED BY YOU TO THE SITE; (B) YOUR INABILITY TO USE THE SITE; (C) THE MODIFICATION OR DELETION OF CONTENT SUBMITTED TO THE SITE; (D) ANY VENDOR OFFERS, PRODUCTS, OR OTHER PROGRAMS MADE AVAILABLE ON OR AVAILABLE THROUGH THE SITE; (E) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED DIRECTLY FROM A VENDOR; (F) THESE TERMS OF USE; OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY PERSONAL INFORMATION. IN NO EVENT SHALL VIPONLINEMARKETPLACE'S LIABILITY IN CONNECTION WITH VENDOR'S OFFERS, PRODUCTS AND OTHER PROGRAMS AVAILABLE FROM A VENDOR EXCEED THE AMOUNT PAID FOR THE APPLICABLE COUPON, PRODUCT OR SERVICE. THE LIMITATIONS OF LIABILITY IN THIS SECTION DO NOT APPLY TO LIMIT ANY WARRANTIES DIRECTLY PROVIDED BY THE APPLICABLE VENDOR OR MANUFACTURER OF PARTICULAR PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF VIPONLINEMARKETPLACE IN OTHER APPLICABLE TERMS, NOR TO LIMIT THE REMEDIES YOU MAY HAVE FOR DAMAGES PRODUCT RELATED.


17. Electronic communication

When you use the website or send emails to VIPOnlineMarketPlace, you are communicating with us electronically and consent to receive electronic communications related to your use of the website. We will communicate with you by email or by posting notices on the website. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be deemed delivered to you and effective when sent to the email address you provide on the website or from the email address from which you send emails to us .


18. Other Parties' Websites

The Site contains links to other parties' websites. These links are provided for your convenience only and not as an endorsement or review of the content on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on these websites or the security practices of these websites. If you decide to access other parties' websites, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products or services available on or through any linked websites or resources.


19. Indemnity/Disclaimer

You agree to defend, indemnify and hold VIPOnlineMarketPlace, its subsidiaries and affiliates, and their respective directors, officers, employees and agents harmless from and against all claims and expenses, including, without limitation, attorneys' fees, arising out of, relating to, or in connection with any of the following: (a) any user content submitted or posted by you in connection with the Site, or any use of the Site in violation of these Terms of Use; (b) your fraud or willful misconduct or gross negligence; or (c) your violation of any applicable United States, Canadian or foreign law or the rights of a third party.

You are solely responsible for your interactions with merchants and other users of the Site. To the extent permitted by applicable law, you hereby release VIPOnlineMarketPlace from any and all claims or liability relating to any merchant's products or services, whether or not such products or services are Seller Products through the Site, any actions or inactions of the merchant, including, without limitation, any harm caused to you by the merchant's actions or inactions, the merchant's failure to comply with applicable law and/or the terms of the merchant's offer or any other products or services you have purchased or obtained from the merchant, and any conduct, speech or user content, whether online or offline, of any other third party.


20. Force Majeure

VIPOnlineMarketPlace shall be excused from performing under these Terms of Use in the event that VIPOnlineMarketPlace is prevented or delayed from operating, in whole or in part, due to an event or series of events caused by or attributable to: (a) weather conditions or other acts of nature or acts of God; (b) war, terrorism, insurrection, riot, civil disturbance or rebellion; (c) blockade or embargo; (d) strikes; (e) major hardware or computer network failure or disruption or network or software failure; or (g) other causes beyond the reasonable control of VIPOnlineMarketPlace.


21. Assignment

You may not assign these Terms of Use, or any rights, interests or obligations hereunder, whether by operation of law or otherwise, without the express written consent of VIPOnlineMarketPlace. Any attempted assignment that does not comply with these Terms of Use will be null and void. VIPOnlineMarketPlace may, in its sole discretion, assign these Terms of Use, in whole or in part, to any third party .


22. Entire Agreement

The Terms of Use, including but not limited to the Terms of Sale, Privacy Statement and other terms incorporated by reference, constitute the entire agreement and understanding between you and VIPOnlineMarketPlace with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and VIPOnlineMarketPlace with respect to such subject matter.


23. Choice of governing law

Any dispute arising out of or relating to these Terms of Use and/or your use of the website or any VIPOnlineMarketPlace services shall be governed by the laws of the State of Illinois, without regard to choice of law rules and without regard to conflicts of law principles.

If you reside in Canada, any dispute arising out of or relating to these Terms of Use and/or any use of the VIPOnlineMarketPlace website or services shall be governed by the laws of the Province in which you reside at the time you enter into these Terms of Use, without regard to choice of law rules and without regard to conflicts of law principles. VIPOnlineMarketPlace and you specifically waive the application of the United Nations Convention on Contracts for the International Sale of Goods as that Convention may be incorporated into applicable law.

 


24. Dispute Resolution / Arbitration Agreement

(a) Binding Arbitration . Except as otherwise specifically provided herein, any dispute or claim between you and VIPOnlineMarketPlace and/or its subsidiaries, affiliates and/or any of their respective members, officers, directors and employees (all of which are collectively referred to herein as the “VIPOnlineMarketPlace Entities”) arising out of, relating in any way to, or in connection with the Terms of Use, the Site or your use of the Site, your Personal Information or any Seller Products or Offerings (“Dispute”) shall be finally and exclusively resolved by binding arbitration; except that you may assert a valid claim for a Dispute in small claims court. Under this Dispute Agreement (defined below), you and VIPOnlineMarketPlace each waive the right to go to court and have Disputes heard by a judge or jury (except as otherwise provided in Section 24(a) or this Section 24(d)) . The provisions of this Section 24 are a written agreement by you and VIPOnlineMarketPlace to arbitrate Disputes pursuant to the Federal Arbitration Act (the “ Dispute Agreement ”). The arbitration will be administered by the American Arbitration Association (“ AAA ”) and conducted before a single arbitrator under its rules, including, but not limited to, the AAA’s Consumer Arbitration Rules, available at https://www.adr.org/consumer . The arbitrator will use and be bound by this Agreement, apply applicable law and evidence, and make a reasoned award, if any.

To initiate arbitration, you must submit a Dispute using the forms available at https://www.adr.org/consumer , and send a copy of the completed form to the following address: CT Corporation System, 208 S. LaSalle Street, Suite 814, Chicago, IL 60604. Payment of all filing fees, hearing fees, and arbitrator fees will be governed by the AAA's rules. VIPOnlineMarketPlace will reimburse these fees for Disputes with an aggregate value of less than $10,000 unless the arbitrator determines the Dispute to be frivolous. Likewise, VIPOnlineMarketPlace will not seek attorneys' fees and arbitrator costs unless the arbitrator determines the Dispute to be frivolous. The hearing will be conducted based on written submissions unless you request and/or the arbitrator determines that an in-person or telephonic hearing is required. Additionally, you unconditionally agree that (1) the arbitrator's decision will be governed by these Terms of Use and any other agreements referenced herein that you may have entered into in connection with the Site; (2) the arbitrator will apply Illinois law consistent with the FAA and applicable statutes, and will honor claims of privilege recognized by law; and (3) in the event AAA is unable or unwilling to hear the Dispute, you and the VIPOnlineMarketPlace entity(ies) hereby agree to select a different court or arbitration provider.

(b) No Multiple Claimant Litigation. Each party agrees that it will bring any Dispute against the other party in its respective individual capacity and not as a plaintiff or class member in any purported class, representative proceeding or as a consortium. In addition, each party agrees that Disputes will be arbitrated only on an individual basis and not as a class, consolidated or representative claimant and that the arbitrator may award relief (including injunctive relief) only on an individual basis. The arbitrator has no authority to vary these terms.

(c) Choice of Law and Court; No Jury. If for any reason a Dispute is litigated in court: (i) except for claims that qualify for a Dispute in a small claims court, you will have the right to bring a court of competent jurisdiction in the county in which you reside, and you and VIPOnlineMarketPlace agree that any Dispute may be litigated only in the state or federal courts located in Cook County, Illinois/Northern District of Illinois; (ii) you and VIPOnlineMarketPlace irrevocably consent and submit to the personal jurisdiction and venue of such courts for the resolution of such Dispute; and (iii) you and VIPOnlineMarketPlace agree to waive any right to a jury trial. You and VIPOnlineMarketPlace agree that the Federal Arbitration Act, the AAA rules, applicable federal law, and the laws of the State of Illinois, without regard to principles of conflicts of law, will govern this Dispute Agreement and any Dispute.

(d) Injunctive Relief . Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring a lawsuit in court seeking injunctive or other equitable relief arising out of or relating to the infringement of a party's intellectual property rights, or any illegal or intentional act affecting the accessibility, functionality, or security of the Site, and/or any illegal or intentional act contrary to your interests or the general business interests of VIPOnlineMarketPlace.

(e) Severability . Except for Section 24(b) above, if any part of this Section 24 is held to be unenforceable, the remainder of this Section 24 shall remain in full force and effect and shall be construed and enforced as if the portion held to be unenforceable were not contained herein. If Section 24(b) above is held to be unenforceable, Section 24(a) shall be held to be unenforceable, but the remainder of this Section 24 shall remain in full force and effect.


25. License to sell tourism services

VIPOnlineMarketPlace is licensed to sell travel services in the following states: (a) Florida – Fla. Travel Services Seller Reference Number XXXX; (b) Hawaii – License Number XXXX; (c) Iowa – License Number XXXX; and (d) Washington – License Number XXXXX.


26. Additional Disclosures

The waiver by you or VIPOnlineMarketPlace of any breach or default or failure to exercise any right granted to you under these Terms of Use does not constitute a waiver of any prior or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms of Use. The section headings used herein are for convenience only and will have no legal effect. If a court of competent jurisdiction holds any provision of our Terms of Use to be invalid, the invalidity will not affect the enforceability of any other provision of these Terms of Use and the remainder of our Terms of Use will continue in full force and effect.

VIPOnlineMarketPlace . Please write to: VIPOnlineMarketPlace, 600 West Chicago Avenue, Chicago, IL 60654 ; http://www.VIPOnlineMarketPlace.com/helpcenter .

If you live in California, you may file a complaint with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by writing to the unit at 1625 North Market Avenue, Room N-112, Sacramento, California 95834 or by calling (800) 952-5210.

The provisions of these Terms of Use shall apply equally to and are for the benefit of VIPOnlineMarketPlace, its subsidiaries, affiliates, vendors and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.

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