Terms of Service

The Effective Date of this Terms of Service is Jan 24th,2018, which describes the terms and conditions you shall agree, accept and adhere to by using our service, located at www.vipon.com (“Vipon”).

Please read these Terms carefully. By using www.vipon.com or signing up for an account to be a “Member”, you are agreeing to these Terms. This is a legal agreement between you and Vipon.

  1. Limited Use. As long as you use Vipon service, we grant you a limited, non-transferable license to use Vipon Intellectual Property in accordance with the terms of this agreement. Meanwhile, Vipon reserves all rights in the Intellectual Property of Vipon that are not expressly granted to you.
  2. Account. If you choose to use Our Service and be a “Member” you acknowledge that you have full power, clarity, capacity and authority to accept these Terms. We consider the person or business entity in whose name the account is registered in to be the owner.

    You hereby agree to the following terms:

    1. You must be at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent;
    2. You must personally and manually create your account without using any automated means; except the auto-complete feature in your website browser, and not allow any Third Party to use your information to create an account;
    3. When you register your account, you must provide any necessary information we request, including but not limited to, legal full name, address, payment details and email address ;
    4. You are responsible for your own conduct and activities on, through or related to Our Service. If there is any unauthorized use of your account, you must immediately notify us of any unauthorized use of your account. Failure to do so may result in account suspension.
  3. Payment, Refunds, Upgrading & Downgrading Terms

    1. The charges related to our Services are posted on Vipon management system and may be changed from time to time.
    2. A valid credit card is required for paying accounts.
    3. The Service is billed in advance monthly. You can apply for a refund within 7 days of first payment if you don’t use any service of Vipon during this period. To apply for a refund you must cancel service within Vipon management system, and contact our support team.
    4. Monthly Service Plan payments are due for any month on the same date, or the closest date in that month, to the day you signed up with us and made your first monthly payment.
    5. For upgrades in plan level, you can choose to be charged the new rate immediately or on your next billing cycle.
    6. For any downgrade in plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Vipon does not accept any liability for such loss.
  4. Cancellation and Termination

    1. All or part of your Content may be deleted from the Service upon cancellation. Any information deleted can not be recovered once your account is cancelled.
    2. You must cancel your Monthly Service Plan at least 24 hours prior to the next monthly due date in order to avoid being charged for that month.
    3. Vipon has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Vipon service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Vipon reserves the right to refuse service to anyone for any reason at any time.
    4. If you temporarily shut down your store by removing all the merchandise, you should continue to guarantee the delivery of the goods, returns and warranty repairs, rights protection and complaint handling, and other transaction guarantees before the closing of your store.
  5. Mutual Non-Disparagement Covenant. You agree that you will not, at any time, make directly or indirectly, any oral or written public statements that are disparaging of us, our products or services, and any of our present or former Team. We (limited to its officers and directors) agrees that we will not, at any time, make, directly or indirectly, any oral or written public statements that are disparaging of you. Disparagement shall be defined as any oral or written public statements that impugn the qualities, character, honesty, integrity, morality, business acumen or abilities of the subject matter. The Parties acknowledge and agree that it would be difficult or impossible to determine with absolute precision the amount of damages that would or might be incurred as a result of a party's violation of this covenant. The Parties agree that the liquidated damages in the region of $50,000 per violation provided under this agreement, are in lieu of actual damages and are the Parties' reasonable estimates of fair compensation for the Losses that may reasonably be incurred by each violation of this covenant.
  6. Member Warranties.

    You agree not to:

    1. Infringe on any third party’s ownership rights by using any material in your uploads or transmissions that is not owned or licensed by you. This includes text, photos, graphics, and other content;
    2. use any misleading or incorrect names, addresses, email addresses, subject lines, photographs, content or other information on the Website or in any communications or transmissions sent using Our Service;
    3. breach or circumvent any laws, third party rights or our systems, policies, or determinations of Your account status;
    4. use any robot, spider, scraper or other automated means to access our Service for any purpose;
    5. harvest or otherwise collect information about buyers without their consent;
    6. sale or provide these goods and service: prohibited or restricted by the state;infringes upon the intellectual property or other legal rights of others;Vipon platform rules, announcements, notices or agreements signed by each platform and you have clearly stated is not suitable for sale and / or provided on the Vipon platform.
  7. Intellectual Property

    1. The Vipon Website, its original Content, features, functionality (including look), and Service Content (“Intellectual Property”) remain the property of Vipon and are protected by US and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You shall not acquire any intellectual property rights under this Agreement except the limited right to use as set forth above. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, or republish any of our copyrighted material. The term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, ad words, and interactive features generated, provided, or otherwise made accessible on or through Vipon.
    2. For the materials you upload to or transmit to Vipon, You represent and warrant that you either own or have permission to use them, and You grant us a non-exclusive worldwide license to use or disclose your materials only as we see fit and/or describe in these Terms and our Privacy Policy.
  8. Privacy Policy. Vipon may use and disclose your information according to our Privacy Policy (The Privacy Policy will be posted on the website.)
  9. Attorneys Fees. In any legal action between the parties concerning this Agreement, the prevailing party shall be entitled to recover damages, other relief may be awarded, its costs and expenses, including reasonable attorneys fees, litigation costs, subpoena costs.
  10. Indemnity. You will indemnify us (and our officers, directors, agents, subsidiaries, joint venture and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in using the Site and Site Services.
  11. Governing Law and Jurisdiction. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of US. The courts of US shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
  12. Force Majeure. We shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of God, war, hackers, third party internet providers, government orders, power failures, nuclear destruction, or any other force majeure event.
  13. Captions. The section headings in this Agreement are provided for convenience only and are not to be considered in the interpretation of this Agreement.
  14. Waiver. Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.
  15. Amendment. We may change this Agreement from time to time, and any updated versions of this privacy policy will be posted on our Site. Please check it regularly. Changes to this Agreement are effective as of the stated "Last Update Date" and your continuously using the Site on or after the Last Update date will be deemed as your acceptance of, and agreement to be bound by, those changes. The latest agreement will replace all the previous agreements.
  16. Entire Agreement. This Agreement together with Our Privacy Policy and any additional terms you have agreed to constitute(s) the entire agreement with respect to its subject matter and constitutes and supersedes all prior agreements, representations and understandings of the Parties, written or oral.
  17. Severability. In the event that any of the provisions contained in this Agreement shall, for any reason, be declared or held to be unreasonable, unlawful, unenforceable or otherwise invalid in any respect, such term or provision shall be deemed modified to the extent necessary to make it enforceable, and in no event shall such declaration or holding affect the validity of any other provision of this Agreement, all of which provisions shall continue with effect in accordance with their terms.
  18. Notice. All notices to You will be effective when We send it to the last email or physical address you gave us or posted on our Website (You consent to receive communications from us electronically, and we will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on this Website). Any notice to Us will be effective when delivered to us at: service@vipon.com

If you have any question about this Agreement or our service, please contact us at service@vipon.com.