Terms of Service
Last Updated: March 25, 2023
This website and all related services, including but not limited to any social media platforms and apps (collectively, the TrueVIP “Platform”) are provided by the TrueVIP Experience, Inc. (“TrueVIP,” “we,” or “us.”) The Platform hosts entertainment, social, and cooperatively made content focused celebrating real-life heroes that serve humanity (e.g. nurses, teachers, volunteers, and the like). Use of the Platform may also include direct communications between you and TrueVIP, its employees, directors, officers, members, affiliates and agents.
Acceptance of Terms
Please carefully read these Terms of Use (“Terms”). Your use of our Platform indicates your express consent and agreement to these Terms, including our Privacy Policy.
Updates to these Terms
Modifications to these Terms that are editorial in nature or reflect changes in the services we offer will not require new consent. If we ever make material, or substantive changes to these Terms, we will ask you to consent to the new Terms before they apply to you. The date of the last update to these Terms is stated at the top of this document.
Sale of Products
We may offer products available for sale on the Platform. If so, prices for our products are subject to change without notice, and all sales of products are subject to return or exchange only according to our Return Policy, which outlined herein.
Please keep in mind that our unique designs and made-to-order manufacturing process creates truly unique shirts. We make every effort to display as accurately as possible, but colors and precise placement of design elements may therefore look slightly different from how they may appear on your computer monitor or phone screen. This does not mean they are defective; but rather, that they are truly "Wearable Art."
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer.
All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Product Returns
If you are not satisfied with any product purchased from us, you may return it for a full refund as long as the product is in brand new condition and still has all tags attached. To return a product, simply follow these instructions:
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Send an email to Returns@TrueVIPExperience.com letting us know you want to return a product.
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We will then send you instructions on where to return the product. All returns are shipped at your expense.
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Once your return is received and inspected, we will send you an email to notify you of the approval or rejection of your returned product. If approved, we'll issue your refund, back to your original payment method, within 5 business days.
Accuracy of Billing and Count Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e- mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Rules of Conduct
Users (“You” or “Your”) of our Platform agree that they won’t:
- violate another’s copyright or intellectual property or post any proprietary or confidential information;
- violate any law or infringe on any third-party’s legal rights or be capable of giving rise to legal action against you, us, or third-parties;
- be obscene, indecent, or pornographic;
- post links that contain any kind of virus, spyware, or malware;
- engage in any unlawful, disruptive, threatening, abusive, harassing, embarrassing, tortious, defamatory, obscene, libelous, hateful, or racist speech or activity on the Platform, as determined at the sole and absolute discretion of TrueVIP;
- be false, misleading, or knowingly inaccurate, or constitute SPAM.
Removal of Content
Users are required to follow the TrueVIP Rules of Conduct. We reserve the right to moderate all content and remove information or language that TrueVIP, in its sole and absolute discretion, determines to be in violation of these Rules of Conduct and to block users who violate the these Rules of Conduct. We ask that you treat others in our community with respect when sharing opinions and feedback.
Views Expressed
The opinions expressed in articles and/or posts on our Platform do not necessarily reflect our views or the views of our employees, affiliates, or subsidiaries.
Third-Party Posting
We engage and connect with you through our Platform You may post or share information on our Platform that comply with our Rules of Conduct. We may also include links or references to other sites or third-parties on our Platform. We are not responsible for the privacy policy, content, or accuracy of items posted or shared by you or us on our Platform and we don’t endorse or guarantee the accuracy of the content posted by you or other third parties.
Content Ownership
If you post content of any kind to our Platform, you are granting us and our affiliates an unrestricted, nonexclusive, royalty free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such material throughout the world in any media without providing attribution or obtaining additional consent. You also agree that TrueVIP and its affiliates are free to use any ideas, concepts, or know-how that you provide to us via our Platform.
Privacy and Protection of Personal Information
Our Privacy Policy describing how we manage and protect information is incorporated into these Terms.
Creating an Account, Passwords, and Security
If you register and create an account with us on our Platform you must provide accurate information. You are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or other breach of security of which you are aware. TrueVIP will not be liable for any loss you or others may incur as a result of someone else using your account, either with or without your knowledge. You also may not use anyone else’s account.
Communications Between Us
For contractual purposes, you (a) consent to receive all communications from us, including any possible messages about security incidents, in electronic form via your account on our Platform and (b) agree that all Terms, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
Prohibited Uses
As a condition of using our Platform, you agree that you will not use our Platform in any way that is prohibited by law, prohibited by these Terms, or is not in accordance with the Platform's intended purposes. These prohibitions include, but are not limited to, the following:
- You must not use our Platform in any way that may damage, overburden, or impair the Platform or its availability, or in any way that is fraudulent or harmful or related to any fraudulent activity;
- you must not attempt to gain unauthorized access to our Platform, accounts, computers, users, or networks associated with our Platform, or users, including but not limited to using another person’s login credentials;
- You must not use our Platform to copy, store, host, transmit, send, use, publish or distribute any materials that consist of (or are linked to) any malicious computer or network software;
- You must not copy, modify, distribute, sell or lease any part of our Platform or its content or software, nor may you reverse engineer or attempt to extract the source code of that software, unless you have our express written permission.
- You must mot conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our Platform unless you have our express written permission.
- You must not use our Platform to send SPAM, surveys, or any other unsolicited commercial communications;
- You must not use our Platform for any purposes related to marketing, research, or any other commercial or organizational purpose unless you have our express written permission.
Links
We have no responsibility for any third-party websites not operated by us to which our Platform may be linked.
Trademarks and Copyrights
The TrueVIP Experience Inc. and our logo are trademarks belonging to us. We give no permission for the use of these trademarks, and any such use may constitute an infringement of our rights. Other trademarks or service marks on our Platform are the property of their respective owners. Unless otherwise stated, we do not endorse and are not affiliated with any of the holders of such rights and we cannot and do not grant any license to exercise such rights.
Appearance in TrueVIP Films and Livestream Videos
If you voluntarily choose to participate in a TrueVIP film or livestream videos, either physically appearing in the episode or livestream, and or having your name appear in the credits of an episode or livestream, you are providing TrueVIP with your absolute, irrevocable, and worldwide license to use your name, likeness and other personally identifiable information in the film, livestream, and all TrueVIP marketing materials with no compensation of any kind. You furthermore warrant that your appearance in TrueVIP films will be governed by these Terms and our Privacy Policy.
NFTs
TrueVIP may offer, from time to time, NFT digital collectible editions of our episodes, either for a fee or as a complimentary offer with a purchase or subscription. When we do, the specific terms of the offer will be available to you on the marketplace we use to mint the NFT.
Warranty Disclaimer
You acknowledge that some of the information published on or communicated through our Platform is submitted by users. We do not warrant the completeness or accuracy of any information published on or communicated through our Platform, whether submitted or communicated by us or users. We do not warrant that the Platform remain available or that the material on the Platform is kept up-to-date.
WE PROVIDE THE PLATFORM "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OR GUARANTEES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE PLATFORM IS OF SATISFACTORY QUALITY, ARE ACCURATE, HAVE FITNESS FOR A PARTICULAR PURPOSE OR NEED, OR ARE NON- INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS OR SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AT TIMES OR LOCATIONS OF YOUR CHOOSING.
Limitation of Liability
TO THE MAXIMUM EXTENT PROVIDED BY LAW, YOU CANNOT RECOVER ANY DAMAGES FROM US, OUR MEMBERS, EMPLOYEES, PARTNERS, AUTHORS, CONTRIBUTORS, ADMINISTRATORS, OR ANYONE ELSE CONNECTED WITH MEANS RELATED TO YOUR USE OF THE PLATFORM, WHETHER IN STATUTE, CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, INCLUDING ANY DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES. THIS LIMITATION APPLIES EVEN IF YOU ARE NOT FULLY COMPENSATED FOR ANY LOSSES, OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE LOSSES. NONE OF TRUEVIPS’ MEMBERS, EMPLOYEES, PARTNERS, AUTHORS, CONTRIBUTORS, ADMINISTRATORS, OR ANYONE ELSE CONNECTED WITH MEANS CAN BE HELD RESPONSIBLE FOR YOUR USE OF THE INFORMATION CONTAINED IN OR LINKED IN ANYWAY FROM THE PLATFORM.
CERTAIN JURISDICTIONS LIMIT DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, YOU MAY HAVE ADDITIONAL LEGAL RIGHTS, AND THE PROVISIONS OF THESE TERMS WILL REMAIN IN EFFECT TO THE FULLEST EXTENT PERMITTED BY LAW.
If you post content on our Platform you understand and agree that comments relating to your posts may be submitted by other users on our Platform. You acknowledge that such comments may be critical, offensive, or defamatory, and you agree that you will not hold us liable for any such comments, regardless of whether we are aware or ought to have been aware of such comments.
Breaches of These Terms and Indemnification by You
If you breach these Terms, or if we reasonably suspect that you have breached these Terms, we may: send you one or more warnings; temporarily suspend your access to the Platform; permanently prohibit you from accessing the Platform; block devices using your IP address from accessing the Platform ask your internet service provider (ISP) to block your access to the Platform; suspend or delete your account; bring court proceedings against you seeking damages and/or injunctions; and/or report you to law enforcement authorities. If we suspend, terminate, or block your access to the Platform, you agree not to take any action to circumvent our action (such as creating or using a different account.) If we bring a legal action against you, we agree that the jurisdiction and venue for such action will be Nevada, and we further agree that a judgment in any such action may be enforced in other jurisdictions by suit on the judgment or ruling, or in any other manner provided by law.
Indemnification
You hereby agree to indemnify TrueVIP against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms or arising out of any claim that you have breached any provision of these Terms.
Governing Law, Dispute Resolution, and Jurisdiction
All matters related to our Platform will be governed by the laws of Wyoming, without regard to conflicts of laws provisions. If you have a complaint, question, or dispute (collectively, “dispute”) regarding the Platform, you are encouraged to bring it to our attention. You may email us at SayHi@TrueVIPExperience.com and we will try to address your concerns. If we are unable to resolve a dispute through direct, amicable, frank, open and honest communication, such dispute shall be submitted to confidential arbitration in Sheridan, WY except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any federal or state court.
Arbitration under these Terms shall be conducted in accordance with the prevailing rules and procedures of the American Arbitration Association, with the losing party being responsible for both parties costs and fees, and the joint costs of arbitration being shared equally by the parties. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration or claim under these Terms may be joined to any other arbitration or claim, including any arbitration or other legal proceeding involving any other current or former user of the Platform, and no class action proceedings will be permitted.
By agreeing to the dispute resolution process in these Terms, you understand and agree that you are relinquishing (i) any right to pursue claims or have disputes resolved in a court of law and (ii) any right to the appeal of any adverse arbitration decision.
You agree that, regardless of any law or statute, any claim or cause of action you may have against us must be brought within one year after the claim or cause of action arises or is known or should reasonably have been known to you, or the claim or cause of action will be forever barred.
Other Legal Provisions
Any failure or delay by either party to enforce any part of these Terms will not constitute a waiver of that party’s rights under these Terms. These Terms control the relationship between you and TrueVIP. They do not create any third-party beneficiary rights. If we enter into an additional or separate agreement with you that has additional terms, those additional terms will control if they conflict with these Terms. If a particular provision of these Terms is determined by a court of competent jurisdiction to be unenforceable, the other provisions will remain in effect. You may not transfer your account or your rights under these Terms to any other person or entity. We may, in our sole discretion, transfer, delegate, or assign our rights and obligations under these Terms to others without notifying you or obtaining your consent. The current version of these Terms, which incorporate our Privacy Policy by reference, constitutes the entire agreement between you and us in relation to the Platform.
Cookies
The Platform use cookies to store information on your computer. Some are essential to the operation of our Platform and others are intended to help us provide services and improve the user experience. By using the Platform, you consent to the placement of these cookies. Please read our Privacy Policy to learn more.
Contact Us
If you have any concerns, inquiries, or complaints about the Platform, please write to us at SayHi@TrueVIPExperience.com.