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Virtual International Players Ladder
"We have the players if you have the balls!"
Terms of Service
Last modified on Sunday, October 15, 2000
The following agreement is between you (the user) and the VIP Ladder.
All players must read and understand the VIP Ladder Rules
and Terms of Service and agree to abide by them.
The VIP Ladder is comprised of various Web pages, Kali servers and VIP clubs
operated by the VIP Ladder or its affiliates (collectively, the "VIP
Ladder"). The VIP Ladder is offered to you on condition of your
acceptance without modification of these terms, conditions, and notices
contained herein. Your use of the VIP Ladder constitutes your agreement to all
such terms, conditions and notices. Your use of a particular VIP Ladder service
may also be subject to additional terms outlined elsewhere in this agreement.
In the event that any of the terms, conditions, and notices contained herein
conflict with the other terms and guidelines contained within any particular
VIP Ladder service, then these terms shall control.
MODIFICATION OF THESE TERMS OF SERVICE
The VIP Ladder reserves the right to change the terms, conditions, and notices
under which the VIP Ladder services are offered, including but not limited to
the charges associated with the use of the VIP Ladder. You are responsible for
regularly reviewing these terms and conditions and additional terms posted. Your
continued use of the VIP Ladder constitutes your agreement to all such terms,
conditions, and notices.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular VIP Ladder service requires you to open an account, you must
complete the registration process with current, complete and accurate
information as prompted by the applicable registration form. You then will
choose a user name and be assigned a password. You are entirely responsible
for maintaining the confidentiality of your password and account. Furthermore,
you are entirely responsible for any activities that occur under your account.
You agree to notify the VIP Ladder immediately of any unauthorized use of your
account or any other breach of security. The VIP Ladder will not be liable for
any loss that you may incur as a result of someone else using your password or
account, either with or without your knowledge. However, you could be held
liable for losses incurred by the VIP Ladder or another party due to someone
else using your account or password. You may not use anyone else's account at
any time, without the permission of the account holder.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the VIP Ladder is for your personal and
non-commercial use. You may not modify, copy, transmit, distribute, perform,
display, publish, reproduce, license, create derivative works from, transfer,
or sell any information, products, software or services obtained from the VIP
Ladder.
LINKS TO THIRD PARTY SITES
The VIP Ladder may contain links to third party Web sites ("Linked
Sites"). The Linked Sites are not under the control of the VIP Ladder and
the VIP Ladder is not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. The VIP Ladder is not responsible for webcasting or
any other form of transmission received from any Linked Site nor is the VIP
Ladder responsible if the Linked Site is not working appropriately. The VIP
Ladder is providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by the VIP Ladder of the site or any
association with its operators. You are responsible for viewing and abiding by
the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within the
VIP Ladder or participation in promotions, including the delivery of and the
payment for goods and services, and any other terms, conditions, warranties or
representations associated with such dealings or promotions, are solely between
you and the advertiser or other third party. The VIP Ladder shall not be
responsible or liable for any part of any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the VIP Ladder, you will not use the VIP Ladder
for any purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the VIP Ladder in any manner which could damage,
disable, overburden, or impair any VIP Ladder service (or the network(s)
connected to any VIP Ladder service) or interfere with any other party's use
and enjoyment of any VIP Ladder service. You may not attempt to gain
unauthorized access to any VIP Ladder service, other accounts, computer systems
or networks connected to any VIP Ladder service, through hacking, password
mining or any other means. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available
through the VIP Ladder.
USE OF SERVICES
The VIP Ladder may contain e-mail services, bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars, photo
albums, file cabinets and/or other message or communication facilities
designed to enable you to communicate with others (collectively,
"Communication Services"). You agree to use the Communication
Services only to post, send and receive messages and material that are proper
and, when applicable, related to the particular Communication Service. By way
of example, and not as a limitation, you agree that when using a Communication
Service, you will not:
- Use the Communication Service in connection with surveys, contests,
pyramid schemes, chain letters, junk email, spamming or any duplicative or
unsolicited messages (commercial or otherwise).
- Cheat during gameplay, including but not limited to modification of the
game program files.
- Defame, embarrass, abuse, harass, stalk, threaten, cause distress,
discomfort, unwanted attention, or otherwise violate the legal rights (such as
rights of privacy and publicity) of any VIP Ladder member, other person or
entity.
- Publish, post, upload, distribute or disseminate any inappropriate,
unlawful, profane, defamatory, infringing, obscene, indecent, threatening,
harmful, abusive, harassing, vulgar, hateful, racially, ethnically or
otherwise objectionable topic, name, material or information.
- Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless you
own or control the rights thereto or have received all necessary consents to
do the same.
- Upload files that contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other similar software or programs that
may damage the operation of another's computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages.
- Download any file posted by another user of a Communication Service that
you know, or reasonably should know, cannot be legally distributed in such
manner.
- Falsify or delete any author attributions, legal or other proper notices
or proprietary designations or labels of the origin or source of software or
other material contained in a file that is uploaded.
- Disrupt the normal flow of dialogue in a chat room or otherwise act in a
manner that negatively affects other users, individuals or entities.
- Restrict, disrupt or inhibit any other user from using and enjoying the
Communication Services.
- Violate any code of conduct or other guidelines which may be applicable
for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail
addresses.
- Intentionally or unintentionally violate any applicable local, state,
national or international laws or regulations.
- Create a false identity for the purpose of misleading others or
impersonating any person, including but not limited to a VIP Ladder
representative.
- Use, download or otherwise copy, or provide (whether or not for a fee) to
a person or entity any directory of users of a VIP Ladder service or other user
or usage information or any portion thereof.
Some of the above types of impermissible behavior are discussed in more
detail below:
- Offensive Communication
The VIP Ladder is a community-oriented service composed of many different
communities of people. If you use vulgar or abusive language online, even
if masked by symbols or other characters, or engage in other impermissible
behavior, you may either receive a warning, or be temporarily suspended from
access to the VIP Ladder, or your access may be terminated immediately and
you may be subject to civil liability and/or investigation and prosecution by
law enforcement.
- Harassment
Harassment occurs when a VIP Ladder user targets another individual or entity
to cause distress, embarrassment, unwanted attention, or other discomfort.
The VIP Ladder does not condone harassment in any form and may suspend or
terminate the access of any user who harasses others. You may have a
disagreement with someone's point of view, but personal attacks, or attacks
based on a person's race, national origin, ethnicity, religion, gender,
sexual orientation, disablement or other such affiliation, are prohibited. If
you have a disagreement with someone's point of view, address the subject, not
the person. This provision shall not be construed to prohibit actions against
fictional characters or other fictional entities in the context of normal game
play.
- Graphic Files
The VIP Ladder prohibits the transfer or posting on the VIP Ladder of sexually
explicit images or other content deemed offensive by the VIP Ladder.
- Impersonation
This may involve the portrayal of another person or entity, such as the
impersonation of VIP Ladder staff. Users must avoid the portrayal of VIP
Ladder staff or other persons in all forms of online communication, including,
but not limited to, user names, user profiles, voice, text or graphic chat and
message postings. Any impersonation with or without deceptive, harmful or
defamatory intent is not prohibited.
- Disruption
This includes purposefully interfering with the normal flow of dialogue in a
chat room. Room disruption may occur by repeatedly interrupting conversation
between Users, by acting in such a way as to antagonize, harass or create
hostility in a chat room, using a "bot" program during chat sessions
that sends or replies automatically, or by making commercial postings,
solicitations or advertisements.
- Chain Letters and Pyramid Schemes
Transmission of chain letters and pyramid schemes of any kind is not allowed
on the VIP Ladder. This material places an unnecessary load on the VIP Ladder
and is considered a nuisance by many users. Certain chain letters and pyramid
schemes are illegal. Letters or messages that offer a product or service based
on the structure of a chain letter are a waste of resources and are not
permitted on the VIP Ladder.
- Advertising and Solicitation
You may not use the VIP Ladder to send unsolicited advertising, promotional
material, or other forms of solicitation to other Users. You may not use the
VIP Ladder to collect or "harvest" User names without the express
prior permission of those Users. The VIP Ladder reserves the right to block
or filter mass email solicitations on or through the VIP Ladder.
- Improper Use of Proprietary Materials
Use of material which is subject to the rights of any person or entity without
the express permission of the rights holder is prohibited and will result in
the termination of your access and possible civil and/or criminal liability.
- Spamming
Your access may be in jeopardy if one or more of the following offenses are
reported: a) Posting frequent and/or annoying messages in a chat session; b)
Posting an off-topic message to a mailing list (as defined by the mailing
list's rules); c) Sending unsolicited mail or messages to more than 25 people.
If repeated spamming occurs, we reserve the right to terminate your access to
the system or the mailing list in question, as appropriate.
The VIP Ladder has no obligation to monitor the Communication Services.
However, the VIP Ladder reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole discretion. The
VIP Ladder reserves the right to terminate your access to any or all of the
Communication Services at any time, without notice, for any reason whatsoever.
The VIP Ladder reserves the right at all times to disclose any information
as the VIP Ladder deems necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or to remove
any information or materials, in whole or in part, in the VIP Ladder's sole
discretion.
Always use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. The VIP Ladder
does not control or endorse the content, messages or information found in any
Communication Service and, therefore, the VIP Ladder specifically disclaims
any liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service. Managers and
hosts are not authorized VIP Ladder spokespersons, and their views do not
necessarily reflect those of the VIP Ladder.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination, you are responsible
for adhering to such limitations if you download the materials.
If you witness any conduct that violates the VIP Ladder's usage guidelines,
you may log the offensive behavior and contact
support@vipladder.com. The VIP
Ladder will handle information you provide in its sole discretion, and may
decide to take no action.
MATERIALS PROVIDED TO THE VIP LADDER OR POSTED AT ANY
VIP LADDER WEB SITE
The VIP Ladder does not claim ownership of the materials you provide to the
VIP Ladder (including feedback and suggestions) or post, upload, input or
submit to any VIP Ladder service or its associated services for review by the
general public (each a "Submission" and collectively
"Submissions"). However, by posting, uploading, inputting, providing
or submitting your Submission you are granting the VIP Ladder, its affiliated
companies and necessary sublicensees permission to use your Submission in
connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission; and
to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission,
as provided herein. The VIP Ladder is under no obligation to post or use any
Submission you may provide and the VIP Ladder may remove any Submission at any
time in its sole discretion.
By posting, uploading, inputting, providing or submitting your Submission
you warrant and represent that you own or otherwise control all of the rights
to your Submission as described in this section including, without limitation,
all the rights necessary for you to provide, post, upload, input or submit the
Submissions.
SOFTWARE AND CONTENT AVAILABLE THROUGH THE VIP LADDER
All content and software (if any) that is made available to view and/or
download in connection with the VIP Ladder, excluding content and/or software
that may be made available by end-users through a Communication Service,
("Software") is owned by and is the copyrighted work of the VIP
Ladder and/or its suppliers and is protected by copyright laws and
international treaty provisions. Your use of the Software is governed by the
terms of the end user license agreement, if any, which accompanies or is
included with the Software ("License Agreement"). You may not
install or use any Software that is accompanied by or includes a License
Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a license agreement, the VIP Ladder
hereby grants to you, the user, a revocable personal, non-transferable
license to use the Software for viewing and otherwise using the particular
VIP Ladder service in accordance with these Terms of Use, and for no other
purpose provided that you keep intact all copyright and other proprietary
notices. Any reproduction or redistribution of the content and/or Software is
expressly prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and
any accompanying documentation and/or technical information, is subject to
applicable export control laws and regulations of the USA. You agree not to
export or re-export the Software, directly or indirectly, to any countries
that are subject to USA export restrictions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE VIP LADDER MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY MADE TO THE VIP LADDER AND TO THE INFORMATION
THEREIN. THE VIP LADDER AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE VIP LADDER AT ANY TIME. ADVICE RECEIVED VIA THE VIP
LADDER SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC
ADVICE TAILORED TO YOUR SITUATION.
THE VIP LADDER AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES
OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE VIP LADDER FOR
ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE VIP
LADDER AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE
AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT THE VIP LADDER SHALL NOT BE
RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY
TRANSACTIONS ENTERED INTO THROUGH A VIP LADDER SERVICE. YOU SPECIFICALLY
AGREE THAT THE VIP LADDER IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING,
DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER
PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY
RIGHTS. YOU SPECIFICALLY AGREE THAT THE VIP LADDER IS NOT RESPONSIBLE FOR ANY
CONTENT SENT USING AND/OR INCLUDED IN A VIP LADDER SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL THE VIP LADDER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE,
DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE VIP LADDER, WITH THE DELAY OR INABILITY TO USE THE VIP
LADDER OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE VIP LADDER, OR OTHERWISE ARISING OUT OF THE USE OF THE
VIP LADDER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF THE VIP LADDER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE VIP LADDER, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE VIP LADDER.
STORAGE SPACE AND OTHER LIMITATIONS
The amount of storage space per user is limited for each VIP Ladder service
which provides such storage, please visit the applicable FAQ pertaining to
that service for more information. Some messages may not be processed due to
space constraints or outbound message limitations. You agree that the VIP
Ladder is not responsible or liable for the deletion or failure to store
messages or other information.
TERMINATION/ACCESS RESTRICTION
The VIP Ladder reserves the right, in its sole discretion, to terminate your
access to any or all VIP Ladder services and the related services or any
portion thereof at any time, without notice.
The VIP Ladder may also terminate or suspend your access to the VIP Ladder
for inactivity, which is defined as failing to log into a particular service
for an extended period of time, as determined by the VIP Ladder. The amount
of time that the VIP Ladder currently considers as an "extended"
period of time may be viewed in the FAQ relating to the particular service.
Upon termination of the VIP Ladder service, your right to use the VIP Ladder
immediately ceases.
The VIP Ladder shall have no obligation to maintain any content or to
forward any unread or unsent messages to you or any third party.
NO SPAM; DAMAGES
The VIP Ladder will immediately terminate any account which it believes, in
its sole discretion, is transmitting or is otherwise connected with any spam
or other unsolicited bulk email. In addition, because damages are often
difficult to quantify, if actual damages cannot be reasonably calculated then
you agree to pay the VIP Ladder liquidated damages of $5 for each piece of
spam or unsolicited bulk email transmitted from or otherwise connected with
your account, otherwise you agree to pay the VIP Ladder's actual damages, to
the extent such actual damages can be reasonably calculated.
GENERAL
This agreement is governed by the laws of the U.S.A. You hereby irrevocably
consent to the exclusive jurisdiction and venue of courts in the U.S.A. in
all disputes arising out of or relating to the use of the VIP Ladder. Use of
the VIP Ladder is unauthorized in any jurisdiction that does not give effect
to all provisions of these terms and conditions, including without limitation
this paragraph. You agree that no joint venture, partnership, employment, or
agency relationship exists between you and the VIP Ladder as a result of this
agreement or use of the VIP Ladder. You agree to indemnify and hold the VIP
Ladder, its parents, subsidiaries, affiliates, officers and employees,
harmless from any claim, demand, or damage, including reasonable attorneys'
fees, asserted by any third party due to or arising out of your use of or
conduct on the VIP Ladder. The VIP Ladder reserves the right to disclose any
personal information about you or your use of the VIP Ladder, including its
contents, without your prior permission if the VIP Ladder has a good faith
belief that such action is necessary to: (1) conform to legal requirements or
comply with legal process; (2) protect and defend the rights or property of
the VIP Ladder or its affiliated companies; (3) enforce the terms or use; or
(4) act to protect the interests of its members or others. The VIP Ladder's
performance of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of the VIP Ladder's
right to comply with governmental, court and law enforcement requests or
requirements relating to your use of the VIP Ladder or information provided to
or gathered by the VIP Ladder with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will
be deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of the
agreement shall continue in effect. Unless otherwise specified herein, this
agreement constitutes the entire agreement between the user and the VIP Ladder
with respect to the VIP Ladder services and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and the VIP Ladder with respect to the VIP Ladder
services. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and subject to the
same conditions as other business documents and records originally generated
and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the VIP Ladder are: Copyright © 1997 - 2000 by the VIP
Ladder and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
CODE OF CONDUCT
Your use of VIP Ladder is subject to the Code of Conduct described in this
agreement. Additional policies relating to online conduct, uploaded files,
conferences, bulletin boards and other matters are posted at the VIP Ladder
site.
The VIP Ladder reserves the right to use numeric codes, global unique
identifiers (guids), cookies or other technologies in order to identify
specific computers that access the VIP Ladder. This information may be
monitored to develop aggregate and anonymous statistics regarding computer use
on the VIP Ladder that may be used for VIP Ladder operations or by third
parties. Computer identification technology may also be used to enforce the
VIP Ladder Terms of Use.
SUBSCRIPTION-BASED CONTENT
Some contents and/or services on the VIP Ladder may be offered to you
conditioned on your purchase of a subscription. If you elect to purchase
subscription-based content/services and transmit to the VIP Ladder a
subscription purchase request, you warrant that all information that you
submit is true and accurate (including without limitation your credit card
number and expiration date), and you agree to pay all subscription fees you
incur plus all applicable taxes. You may cancel your subscription to any
fee-based content and/or services by contacting the VIP Ladder Customer
Support. If you have purchased an automatically renewing subscription, you
will not be charged the monthly subscription fee thereafter (but there are no
refunds of subscription fees previously paid). No cancellation of access to
free content and/or services or to non-renewing subscriptions is required.
Your subscription is personal to you and the members of your household, and
you may not transfer or make available your account name and password to
others, including without limitation your co-workers. Any distribution by you
of your account name and password may result in cancellation of your
subscription without refund and in additional charges based on unauthorized
use.
FEES; PAYMENT
The VIP Ladder reserves the right to charge listing fees for certain listings,
as well as transaction fees based on certain completed transactions using the
VIP Ladder service. The VIP Ladder further reserves the right to alter any and
all fees from time to time, without notice.
You shall be completely responsible for all charges, fees, duties, taxes,
and assessments arising out of the use of the Services.
USING THE SERVICES
The VIP Ladder is not involved in any transaction between
you and any other party who uses this Site, and is not acting as your or any
other party's agent. The VIP Ladder cannot screen, censor or otherwise control
the listings or any transactions, including whether a listing is accurately
described, whether an item can be legally purchased or sold in your
jurisdiction, or whether a transaction will be completed as described by the
seller or the buyer. Further, the VIP Ladder cannot control or warrant the
behavior of the users of the Services. As such, your use of the VIP Ladder and
its Services is at your own risk, and the VIP Ladder disclaims any liability
with regard to use of the Services and any actions resulting from your or any
other party's participation in the Services. You hereby agree to release the
VIP Ladder, its suppliers, service partners, agents, employees, consultants,
officers and directors from all claims, demands and damages, whether actual or
consequential, of every kind, whether known or unknown, disclosed or
undisclosed, arising out of or relating to any and all listings, transactions,
or any other use of the VIP Ladder and the Services. Further, because the VIP
Ladder is not involved in any transactions between you and other users of the
Services, the VIP Ladder cannot and will not be involved in resolving any
disputes relating to any completed or uncompleted transaction for the purchase
or sale of listed goods.
Please refer to the FAQs, for additional procedures and guidelines for
buying and selling goods on the VIP Ladder are set forth here. You warrant
that you will abide by all such additional procedures and guidelines, as
modified from time to time, in connection with your use of the Services. You
further warrant that you will comply with all applicable laws and regulations
regarding use of the Services. Without limitation, by listing an item for sale,
you represent and warrant that you have the legal right to sell the item, that
the item is not counterfeit, and that it is a genuine and authentic item as
described by the seller; by making a bid or offer to purchase, you warrant that
you have the legal right to make the bid and the resources to honor the bid.
It is your responsibility to determine whether the purchase or sale of any
listed item is authorized by law, statute, or regulation. Without limitation,
the following items may not be sold or offered for sale on the VIP Ladder:
firearms, explosives, and ammunition; alcoholic beverages; tobacco products;
food that is not packaged or does not comply with all applicable laws for sale
to consumers by commercial merchants; pharmaceuticals and controlled
substances; software; recordings of music on CD or cassette or in digital
format; movies; video games; counterfeit, pirated or stolen goods; any goods
that infringe or otherwise violate another party's rights, including copyright,
patent, trademark, or rights of publicity or privacy; goods that are, in the
VIP Ladder's sole discretion, indecent, obscene or pornographic; registered or
unregistered securities; goods which you do not have the legal right to sell;
goods which are misrepresented or which do not in fact exist; goods which, if
sold via the Services, would cause the VIP Ladder to violate any law, statute
or regulation. The VIP Ladder reserves the right to cancel any listing or bid
at any time for any reason, with or without cause, and reserves the right to
prohibit or restrict access to the Services to anyone at any time, with or
without cause.
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