VipServices - General Conditions VIPServices

General Conditions VIPServices – Version 20.12.2010

	These General Conditions govern the contracting relationships between VIPServices and its customers, partners and members. The specific agreements are reserved. In case of conflict between these provisions and those of the Swiss Code of Obligations, the rules of the first one take precedence. This represents a printout of the rates in effect at the time of its publication. VIPServices reserves its right to modify these General Conditions and the rates at any time, with immediate effect. These changes are reported either on our website or by e-mail or by post. Without a written dispute within 10 days, they are considered approved.
1.	These General Conditions of VIPServices are applicable for the use of the websites www.vipservices.ch, www.vipservicesinternational.com and govern equally the conditions of adhesion to the VIPServices guild and all the contracts signed with VIPServices.
1.1.	These General Conditions also "GC" are attached to the contract signed between you and VIPServices, PO Box 1066, 1211Genève1. Within the GC, we are designated by the terms "VIPServices", "we", "our" or "ours". A printable version of the latest form of GC appears online on www.vipservices.ch
1.2.	The GC cover your use of VIPServices benefits and other services. Unless otherwise stipulated in Article 2. All these elements will be grouped under the term "service" and, except the case when the context otherwise requires, and even if that is not explicitly referenced in the applicable section, the "account" includes all "other elements" for which you have obtained access as partner and / or privilege and / or member. For all practical purposes, it is clear that when you register to use as partner, you register for both the service, partnership and following of the VIPServices Charter of Quality.
1.3.	The services are offered to you with the condition of accepting all terms of these General Conditions. By validating with your signature on the contract you agree and certify that you have read these General Conditions and you state being more than 18 years old (and have reached the legal age if it does not correspond to 18 years in your country of residence), that the information provided to VIPServices when the contract was signed is real and accurate and that you sign the contract and accept all its provisions.
1.4.	Please note that we do not provide any guarantee for the supply of services offered by other members and network partners, in this sense, this also limits our liability.
1.5.	You have the right to cancel your membership within the period covered by the contract applicable at the VIPServices company's headquarters, sent by registered letter to headquarters of VIPServices, PA Dumont - PO Box 1066 -1211 Geneva 1.
2.	Additional conditions
2.1.	Certain services, content offers, features or events available via our website may contain conditions, codes of conduct or guidelines that govern your use, features and / or your participation in these events (hereinafter collectively designated as "Additional Conditions "). If a condition of these General Conditions conflicts with one additional condition, the conditions of these "CG" prevail as applied to services and to your legal relationship with VIPServices. No additional condition will emphasize our responsibility or alter your relationship with us. Any arrangement between you and a third is signed only between yourself and that third party, your relationship with him may be governed by additional conditions. We take no responsibility and cannot be held responsible for any aspect of these arrangements.
2.2.	Some features of the service can be put at your disposal on our website, online services, social networks or applications implemented by third parties. As stated above, your arrangements with any or such third parties are solely signed between you and the third party and may be subject to other conditions or contracts applicable to such third-party services. It is possible that third-party services are not accessible to users of a certain age.
3.	The usage of our services
3.1.	You can start using the services once the contract is approved and your payment is done. No withdrawal right or other cooling-off period applies and you give up any applicable cooling-off period, unless the legislation requires observing such period despite your renunciation and even if a service starts immediately.
4.	The usage of services
4.1.	When you use our services, you must comply with these GC, the legislation in force in your country of residence.
4.2.	You must not: use the service to harm others or VIPServices damage, disable, overload or impair our website. sell or distribute our services, completely or partially; (unless explicitly authorized by VIPServices) use means that we do not authorize in order to change, to provide access to your account or to attempt to conduct illegal activities. obtain (or attempt to obtain) data on our website or any associated materials, with the exception of data that we intend to provide or otherwise make available. In addition, your use of our services is subject to your compliance with the Charta of Quality and of the Guild and edited by VIPServices. You agree that we may also terminate your access to your account if you enterprise one of the following when you are logged into your account: defaming, abusing, harassing, stalking, threatening or violating in any way any of the rights (such as rights to a private life and the publicity) of third parties and of VIPServices. publishing, distributing or broadcasting a content, a topic, a name, a material, a file or inappropriate or vulgar, defamatory, obscene, indecent or illegal information. publishing, distributing or broadcasting a content, a topic, a name, a material, a file or information that instigates, advocates, promotes, depicts, constitutes or expose child pornography, blasphemy, hatred, bigotry, racism, illegal use of drugs, free violence or graphic representation of acts of violence or of criminal or fraudulent activity. using text with outrageous character. This includes comments that graphically or phonetically resemble, sustain, hint or insinuate the following elements: obscene words or expressions, sexual subjects or content, hatred speeches (including, but not limited, to racial, ethnic or religious insults), illegal drugs/controlled substances, or illegal activities. using your account and information made available through VIPServices, in a manner that infringes any copyright, trademark, patent, trade secret or other ownership rights of third parties or of VIPServices. uploading files that contain viruses, Trojan horses, worms, logic bombs, message cancelation robots, corrupted files or similar programs that may damage the operation of our site. downloading or using material sent or provided by another user of the service, that you are or should reasonably be aware of, that it cannot legally be shared nor distributed. using the service to participate in pyramid schemes or mailing chains harvesting or collecting in any manner whatsoever information concerning others, including their e-mail addresses, and without their consent creating a false identity for the purpose of misleading others falsifying or deleting any copyright, legal notice, designation of property filing false complaints or providing false feedback concerning other users of our website using, downloading, copying, or providing in any manner whatsoever (free or otherwise) to a third party: a directory of users of our site, information concerning the users or information concerning the use of our website.
5.	Contract, member account, partner account, privilege.
5.1.	You are the only one or, by default, the cardholders of the "Business Card", who can use the account and can have access to the allowed privileges. You should not reveal your account, user name and password, nor should you authorize a third party to access or use the site in your name. If you suspect an abusive use of your account or any other breach of security, you must notify us immediately. You are responsible for all activities that occur on your account. Note : the usage of the chart « Business Chart » is regulated by the relevant contract, refer to it for the conditions of usage and of application field.
5.2.	If you authorize or allow a minor to use your account: you state that you are the parent or legal guardian of that minor you are acknowledging that you are aware that some features of the site or other content available through members and partners, may contain or expose users to information not suitable for minors, and you agree to monitor the use of your account by minors whom you gave permission to use it. you are the user of your account and acknowledge that as the holder of it, you have total control over your account. This control includes the right to cancel, terminate or modify your account at any time, to access and modify parental controls and, in some cases, to control the buying options on your account, to request and receive equipment and information regarding the use of the site. As user of an account, the GC apply to your use of the benefits offered by our website.
5.3.	Regardless of the contract type, it is signed for one year and is renewable automatically from year to year. Prices are quoted in the contracts. The price may be adjusted upon renewal. The remission of the contract will be announced at the headquarters of VIPServices by registered letter three months before due date.
6.	Prices and payments
6.1.	Prices and increases of the prices. Unless specified otherwise, the prices applicable for services exclude all taxes and other telecommunication charges. We may occasionally change the price. The settlement terms are: 50% to the shipping of the contract with payment within 30 days and 50% since the first day of connecting to the website is also within 30 days. In addition, the price that we set for some features or functions of the site may vary according to those features. We also reserve the right to establish or terminate various features or functions, at our sole discretion, with or without charge. If your contract is subject to a specific price and duration and if we change the service price, the original price remains in effect throughout the entire contract period.
6.2.	Reimbursement policies. Unless otherwise provided by law or related to a particular service offer, the paid charges are not refundable. The costs of the reimbursement your responsibility.
6.3.	Cancellation of your account. You can cancel your account at any time, regardless of the reason. Cancellation charges may apply. The cancelation of your account doesn’t affect your obligation to pay all the charges on your invoice.
6.4.	Delays in payments. To the extent permitted by applicable law, we can apply a penalty for delays in payment. You must pay that penalty at the moment when we charge you. This penalty is 1% per month of the unpaid amount or the maximum rate allowed by law, the lesser from those two is prevailing. We can use the services of a third party in order to recover unpaid amounts. We may suspend or cancel your account if you do not pay us on time.
6.5.	Internet access service. You are responsible for charges that are billed by your Internet Service Provider. These charges are in addition to those we charge you for your account.
7.	Your content.
7.1.	You can submit content which will be used in connection with our site. This includes publicly accessible areas and areas to which access is controlled "partners areas privileges areas". You acknowledge and agree that VIPServices controls the content but does not assume the implications, in other words it is not responsible: • for the content that you and third parties put online or provide • for the use, modification, distribution and display of your content in connection with the service and other products of VIPServices • for granting the right to other persons. • If you submit a photograph or other digital image, you explicitly renounce to the rights of privacy and publicity relating to the image. You acknowledge that it is possible that we need to make copies, modify the format, transcode or otherwise process the content published on the site, particularly in the areas for partners and with privileges to our website in order to: • store and retrieve the content • make sure that you comply with the technical specifications for network connections • make sure that you comply with these General Conditions.
7.2.	You are requested to respect the rights of artists, inventors and creators. The content such as music, photos and videos can be protected by copyrights. People appearing in the content may have a right to control the use of their image. If you share the contents of your account in a way that infringes the copyrights of others, other intellectual property rights or other private rights, you break the contract. You accept and guarantee that you have the necessary rights to all publications on your account. We do not pay for your content. We may refuse, revoke / suspend publishing your content for any reason whatsoever. We may at any time withdraw your content if you violate the GC and the contract.
7.3.	Your account may be suspended, permanently removed or canceled by VIPServices, it is possible that your data will be permanently deleted from our servers in the event of contract’s termination. Deleted data may be unrecoverable.
8.	Confidentiality
8.1.	In order to operate and provide services, we collect certain information regarding you. We use and protect that information in accordance with current regulations of the residence country of VIPservices company. In particular, you explicitly authorize us and agree that we access or disclose information about you, including the content of your communications, in order to: a) comply with the law or comply with legal requirements or legal requests b) protect the rights or the property of VIPServices, of our partners or our customers, especially in the context of the implementation of our agreements or policies governing the use of our site c) act in good faith where such access or disclosure appears necessary in order to protect the personal safety of the VIPServices employees, its members or its partners, customers or the public.
8.2.	We may use technology or other means in order to protect our website, our members, our partners or our customers and to keep you from violating the GC and/or the contract. These means may include, for example, the spam filtering or the enhancement of security. These means may hinder or disrupt the use of your account.
8.3.	In order to provide you with a quality service, to improve our site and functionalities, as well as its equipment, we may collect certain information regarding the performance of your account.
9.	Intellectual property.
9.1.	If, within the framework of services, you receive information and / or content from us, it is governed as well: you have to submit an agreement that you must agree to use a service and these GC are applicable. You are not allowed to copy, download, modify or create derivative works and to publish, transmit, sell, attempt to sell, transfer, use or otherwise exploit this information.
9.2.	The aspects of the service are protected by copyright laws and international treaties regarding copyright and intellectual property. VIPServices, its members and its partners own all property rights, copyrights and other intellectual property rights and proposed service. VIPServices, its members and partners reserve all related rights, which are not expressly granted by these General Conditions. You do not have any ownership rights in connection with the services of our website, our VIPServices brand, nor in any other aspect of service regardless of how our website is used, accessed or downloaded or otherwise available to you.
9.3.	You should not attempt to circumvent the technical limitations of our website. Our web service is subject to Swiss laws and regulations regarding export. You must comply with all national and international laws and regulations regarding the export, which are applicable to services. These laws include restrictions on destination countries, end users and end use refer to the law in force in the country of residence.
9.4.	Copyrights and notifications related to trademarks: • All the contents of our website are protected by VIPServices copyright ©. All rights reserved. VIPServices owns all property rights, copyrights and other intellectual property rights related to services. Any rights not expressly granted herein are reserved. • Action and procedure for filing a complaint for violation of copyright are reserved. • Actions and notifications of alleged copyright violations should be forwarded to the appropriate person. For more details and contact information, see the procedures for filing a complaint for violation of copyright at www.admin.ch
10.	Performance of service and equipment.
10.1.	Our web service including the offers of services are accessible only through an authorized device or by logging into your account. You agree to use only authorized software and hardware to access the service and that they have undergone no modification. Any attempt to create derivative works, to modify, to sublicense, to distribute or to use for other purposes the services of our VIPServices website, an application or another content available or accessible through thereof, is strictly forbidden and may result in termination of your account and / or your ability to access them. The remedies are reserved by VIPServices. VIPServices may take legal action against the user(s) that undermine the security of the systems or the network of the VIPServices website, such users may also incur criminal or civil liability.
10.2.	VIPServices reserves its right to modify the website. We may change the services provided, restrict access to your account or collect information from the authorized device and other attached devices used to connect to our site if: a) this is necessary because of existing legislation, including, without limitation, if that legislation has to change. b) this is necessary because of an opinion or an order based on the applicable law. c) this is necessary for technical reasons. d) this is necessary to facilitate the performance of the service. e) the services are changed to your advantage. f) this is necessary to protect the security of the VIPServices website. You will be informed regarding the material changes before they come into force.
11.	Changes of General Conditions and limits of responsibility
11.1.	If we change these General Conditions, we will ask you to accept these changes, including continuing receiving your access. If you do not want to accept the latest version of these General Conditions, you can cancel your access. By continuing to use the service you are tacitly agreeing and accepting these latest form without informing VIPServices within the statutory period from the date of the change.
12.	We offer no guarantee
12.1.	We provide through our website the services "as it is", "with all its faults " and "as available". We cannot guarantee the accuracy or validity in time of the information available since its launch. You acknowledge and agree that information and telecommunications systems are not error free that and downtime can occur.
12.2.	We cannot guarantee that the service will suffer no interruption, that it will have no delays, it will be secure or error free or that no data loss will occur. We make no promise about the service. You may have certain rights under your local laws. Nothing in this agreement is expected to affect these rights (if applicable).
13.	General legal conditions
13.1.	Interpretation of the contract. All the provisions of this contract apply to the extent permitted by law. A court may judge that we can’t enforce a clause of this contract as it is stated. If this happens, you and we will replace the elements by similar clauses with the rest of the contract remaining essentially unchanged. The contract constitutes the entire agreement between the contracting parties for the Guild and the Charter of Quality of VIPServices, services, the usage of the VIPServices Silver, Gold, Platinum or Business Cards, our website and for our magazine « VIPMagazine ». It cancels and replaces any prior contract or statements regarding your use of your account.
13.2.	Termination and transfer. We may assign, transfer or otherwise dispose of our rights and obligations under this contract, in whole or in part, at any time and without notice. You are not however authorized to assign this contract or to transfer the rights to use the service.
13.3.	No third party as beneficiary, this contract is at your sole benefit. No other person can benefit from it.
13.4.	Notifications. These GC are provided in electronic form. We can send you, in electronic form, information regarding the changes of our website, and/or services.
14.	Applicable law and jurisdiction for litigations resolution.
14.1.	For all the contracts signed with VIPServices, the complaints for breach of contract will become subject to Swiss law, regardless of the principles of laws conflict.
14.2.	All other claims, including claims within the scope of laws on consumer protection, unfair competition and delinquency liability, will be subject to Swiss law. This contract is signed with VIPServices, therefore you accept the exclusive legal competence of the courts in Switzerland, for all disputes related to the GC, by the contract with VIPServices, the Legal Jurisdiction is in Geneva.
15.	Fields of application for services and tools of VIPServices
15.1.	Fields of application These General Conditions are applicable and rule all the contracts and activities of VIPServices namely: VIPServices, www.vipservices.ch , www.vipservicesinternational.com , the blog of VIPServices, VIP Magazine, the data bases, the charts of VIPServices and the Business Card, the access areas and the contracts of members, privileges and the events agenda.