LAST UPDATED: AUGUST, 2018.
Welcome to the terms and conditions of use of vippartybusrental.com! Please make sure that you read the whole of these terms and conditions, as they are construed as a legal contract (the “Agreement”) between you, the User (also “you” or “your” or “user”) or the “Party Bus and/or Limo Driver” or “Party Bus & Limo Drivers” as defined in Section 1 of this Agreement, and vippartybusrental.com (also “VIP Party Bus Rental” or “us” or “we” or “our”) and all the available services and content of http://www.vippartybusrental.com , its subdomain and subdirectory sites (altogether the “Website”) are subject to your compliance with these covenants. If you disagree in part or in whole with any of the set out conditions of the Terms you must discontinue your access and use of the Website immediately.
Some definitions are set and determined throughout this Agreement and are clearly noticeable placed between quotation marks. However other definitions require a precise and more elaborate definition for the better understanding of all users. Therefore:
“Party Bus & Limo Drivers” shall be the party bus drivers, limo drivers, dispatch operators, and assistants who offer any towing related or automotive services.
“Directory” shall be the organized database where the listed Party Bus and/or Limo Driver are orderly arranged and accessible to the public in different categories, geographic locations and other forms of arrangement and categorizing.
“Listing” shall be the online section in which Party Bus and/or Limo Driver publishes their contact information and services description for promotional purposes which are also open for edition at any given time.
“Advertisements” shall be the paid sponsors and advertisers which may from time to time appear on the Website, in strict compatibility to what is set out in this Agreement.
“User” or “Users” shall be all persons accessing the sites, including withour limitation Party Bus & Limo Drivers, and prospect clients.
Subject with the application of the terms and conditions of this Agreement, VIP Party Bus Rental allows Party Bus & Limo Drivers to be publicly listed and appear online on the VIP Party Bus Rental Website, subject to payment of a fee and your compliance with this Agreement. You will disclose the information to be listed on the Website, information you warrant is truthful and verifiable by VIP Party Bus Rental at any time, verification to which you consent, and which may be stored on our servers and displayed to the public.
FURTHERMORE, THE Party Bus & Limo Drivers UNDERSTAND THAT IN SOME JURISDICTIONS THERE ARE SPECIAL RULES REGARDING THE PERFORMANCE OF LEGAL SERVICES. NOTWITHSTANDING WHAT IS DETERMINED IN THIS AGREEMENT, THE Party Bus and/or Limo Driver REPRESENT THAT ALL THE INFORMATION YOU DISCLOSE IS COMPLIANCE BY ANY LOCAL LAWS AND REGULATIONS, INCLUDING WITHOUT LIMITATION BARS, PROFESSIONAL ASSOCIATIONS AND OTHER SIMILAR ORGANIZATIONAL STRUCTURES WHICH MAY REQUIRE THAT YOU HOLD A LICENSE TO PRACTICE LAW OR OTHER SIMILAR LEGAL ACTIVITIES. Party Bus & Limo Drivers SHALL BE SOLELY RESPONSIBLE OF YOUR COMPLIANCE WITH SUCH LAWS AND REGULATIONS, AND SHALL BE PROHIBITTED TO BE LISTED WHEN YOU HAVE NOT MET THE REGULATIONS WHICH ALLOW YOU TO BE LISTED, TO GIVE ANY TYPE OF ADVICE OR TO STATE THAT YOU ARE A LAWYER OR ANY OTHER Party Bus and/or Limo Driver WITHOUR PROPER AUTHORIZATION.
The content and information of Party Bus & Limo Drivers are aimed to the general public in need or in search of a Party Bus and/or Limo Driver in a particular need. The outlay and organizational strategy used by VIP Party Bus Rental is intended to make it easier for individuals or companies to find the appropriate Party Bus and/or Limo Driver or adequate service provider.
VIP Party Bus Rental WEBSITE CONTAINS AND DISPLAYS LISTINGS OF Party Bus & Limo Drivers AND AN ORGANIZED DIRECTORY WHICH IS MEANT TO BE USED AND ACCESSED FOR INFORMATIONAL PURPOSES ONLY. VIP Party Bus Rental DOES NOT ENDORSE ANY OF THE Party Bus & Limo Drivers APPEARING ON THIS WEBSITE OR OTHER Party Bus and/or Limo Driver WHICH ARE NOT DISPLAYED. IT IS STRONGLY RECOMMENDED BY VIP Party Bus Rental THAT YOU VERIFY THE INFORMATION AND DATA OF ANY Party Bus and/or Limo Driver YOURSELF. NO SPECIFIC Party Bus and/or Limo Driver OR automotive services ARE RECOMMENDED TO ANY USERS. YOU STATE THAT YOU WILL NOT HOLD VIP Party Bus Rental, ITS DIRECTORS, PARTNERS, SHAREHOLDERS, AFFILIATES, AGENTS AND/OR EMPLOYEES FOR ANY TYPE OF DAMAGES, CONSEQUENTIAL, SPECIAL OR INCIDENTAL, INCURRED FOR THE SELECTION OF A Party Bus and/or Limo Driver BY MEANS OF THE DIRECTORY
Despite that Party Bus & Limo Drivers appear in the Directory on this Website, VIP Party Bus Rental does not endorse, sponsor, represent, verify or warrant the accuracy, truthfulness and/or completeness of the information displayed on the online directory. The names, licenses, contact data, experience, academic studies, and other relevant information were disclosed by the Party Bus & Limo Drivers appearing on this Website and VIP Party Bus Rental does not have any control over such disclosed information.
REGISTRATION AND LISTING.
.1. Party Bus & Limo Drivers shall be allowed to register and disclose their contact information, areas of practice and services and other relevant information. Users seeking to contact with Party Bus & Limo Drivers may search or otherwise find them or any of their promoted services in the online directory. Registration is possible through the VIP Party Bus Rental Website and available forms. All information disclosed to VIP Party Bus Rental is subject to this Agreement and licensed in accordance to what is determined herein. To complete the registration the Party Bus and/or Limo Driver shall pay a fee. After such payment goes through the Professional will be listed under the chosen category, area of practice, type of legal services or geographic location. VIP Party Bus Rental may vary the order, categories and other features of the listings at any time, without any obligation to notice or permission of the Party Bus & Limo Drivers or the users.
.2. When registering Party Bus & Limo Drivers must at all times:
* Disclose true and verifiable information.
* Have the authority to be bound by this Agreement.
* Have full authority to represent the firm or company which is being registered.
* Be holder of all licenses, authorizations and other requirements determined by applicable law and/or regulations to perform and advertise services as a Party Bus and/or Limo Driver.
* Be honest and clear about the description of the Party Bus and/or Limo Driver and the offered services.
* Refrain from using and publishing any information which is or may be considered deceptive, misleading, wrong, unsound or which seeks to confuse any prospect clients, leads or users of the Website.
Registered Party Bus & Limo Drivers shall be account holders and shall be solely responsible for the safeguard of their username and password. In the event of disclosure of login information to third parties, either willingly or unwillingly, please immediately change your password and, if necessary, consider reporting such disclosure to us.
VIP Party Bus Rental WILL NEVER INQUIRE ABOUT YOUR LOGIN INFORMATION EITHER THROUGH EMAIL, PHONE OR ANY OTHER MESSAGING METHOD.
Accounts may be used to change the listing, information and description you have uploaded, subject to availability and to this Agreement. All the activity coming from an account is construed to be performed by the registered Party Bus and/or Limo Driver.
MEMBERSHIPS AND PAYMENTS.
.1. VIP Party Bus Rental may from time to time, at their sole discretion, make amendments to the price, or to the way plans, memberships and payments are made, which is something that users willingly accept.
.2. All payments are processed by a third party, engaged by VIP Party Bus Rental for such purpose. When disclosing payment information, users warrant to VIP Party Bus Rental that they own or that they are authorized to use such payment method by any relevant party. Payment information is kept private. Users shall assume the payment of any applicable taxes.
.3. Party Bus & Limo Drivers making payments warrant VIP Party Bus Rental that any reported and used payment methods are fully authorized, and Party Bus & Limo Drivers furthermore authorize VIP Party Bus Rental to charge their reported payment method on a monthly basis for the purposes of the payment for the listings.
Party Bus & Limo Drivers MAY CANCEL THE SERVICES OR MEMBERSHIP AT ANY TIME, BUT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, NO REFUNDS SHALL BE GRANTED FOR A PREVIOUSLY PAID MONTH.
There is no content on the Website specific for adults or any older audience, thus, the Website is accessible to anyone. Even so, VIP Party Bus Rental encourages parents to assist and surveil their children’s activities online.
To access the Website as a User, you must:
* Be at least 18 years of age or older and have the authority to enter into this Agreement.
* Commit to comply with the terms and conditions determined herein, and consent to be bound by the Terms.
RULES OF ACCEPTABLE USE.
Users are to abide and comply with these Terms at all times, when accessing, visiting or navigating through the Website. Additionally, Users may not:
Frame the Website.
Mirror the Website.
Attempt to make copies of, reproduce or otherwise clone the Website, its contents, databases, trademarks and any other parts of it, unless authorized in writing by VIP Party Bus Rental.
Try to upload or other form infest the server with virus, spyware, malware or any other harmful software.
Try to access VIP Party Bus Rental Website through a backdoor, creating one, or attempt to access as anything different than a user.
Place links to third party websites without proper written authorization by VIP Party Bus Rental.
Enter for display any information which is untrue or is in other ways misleading and unauthorized.
Pretend or impersonate a Party Bus and/or Limo Driver of any kind, nationality or authority, when you do not hold proper license or legal authority to do so.
Upload or transmit for listings or other purposes Media over which you have no right of use or license to.
Aid or assist a third party in any of the aforementioned prohibitions.
Breach of this Section will result in immediate suspension or even permanent ban from your Account and listing.
.1. VIP Party Bus Rental hereby grants all Users a limited, temporary, non-exclusive right to access the websites and gather the information they require for their own private, non-corporate, non-public and non-commercial use. Such license does not imply any transfer of any proprietorship, nor does it represent any grant of additional license, title or interest of the Website or its content.
.2. User hereby grants to VIP Party Bus Rental non-revocable, perpetual, royalty-free, non-exclusive and fully assignable right and license to use, display, publish, communicate to the public, make publicly available, alter, change, modify and correct, at VIP Party Bus Rental’s sole discretion any uploaded content to the Website, including, but not limited to: photographs, descriptions, professional and academic experience, pictures, drawings, texts, audio and video files (altogether the “Media”) to the maximum extent allowed by applicable law.
TRADEMARK AND INTELLECTUAL PROPERTY.
All trademarks on the Website are subject to copyright. All trademarks and logos of VIP Party Bus Rental are registered to them or pending of registration. Users are not allowed to use the trademark without proper written authorization of VIP Party Bus Rental. VIP Party Bus Rental is also the owner or the licensee of all the content and their emerging intellectual property rights.
VIP Party Bus Rental makes an important effort to remain compliant with all applicable regulation to service providers. However, due to the amount and type of Media which is being uploaded to the website at all times, it is impossible for VIP Party Bus Rental to determine whether a copyright infringement has occurred. As VIP Party Bus Rental promotes the use of User Generated Content VIP Party Bus Rental has set out this section so that Users and third parties may easily present a claim in the event of a breach to their copyright.
If you believe that any content breaches your copyright or that of a third party you represent, you may send an email to the address specified at the end of this section, to contact our designated agent for DMCA purposes, and please make sure you that the email, which is officially a notification, contains the following:
Kindly provide electronic signature or physical evidence of the true holder of the copyright of the alleged breaching material, or of the person which is representing and has the authority to make a representation on behalf of the holder of the copyright of the alleged breaching material.
Kindly describe and identify the material or materials which is being allegedly breached on the Website. In case of more than one breach, make sure that you make a list specifying each of the breaching materials.
Kindly describe the exact location of the allegedly breaching material on the Website, by means or links (to URLs) or a direct link to such material or materials. Make sure that the allegedly breaching material is pinpointed for us to identify.
Kindly send us your contact data, so that we are able to contact you. The information we require includes, but may at time not be limited to name, address, telephone or mobile number and your email address. The information you send us shall be governed by our Cookie and Privacy Policies.
Also, please kindly attach a statement where you, as the claimant of the alleged breach, that you in good faith and true belief that your copyright or the copyright of the holder you represent is being breached or that related rights are being infringed by material on the Website, and that such material is not licensed or authorized by the true holder of such rights, by such holder’s representative or agent, or by applicable law.
Finally, please also attach a statement that the information disclosed in your email is true, verifiable and accurate, and that, under penalty of perjury, you have full authority to act as yourself, if you were the holder of the copyright which is allegedly being infringed, or in behalf of the holder of that copyright.
Please allow a reasonable amount of time for us to react to your email, and make the required verification. Please note that the breaching party may present a counterclaim within the next 15 days of the notification of the alleged breach. In this case you will be notified of this situation, and this may open the possibility for you to present an official legal claim at the appropriate venues determined by law.
Kindly be reminded that it is illegal to misrepresent ownership or copyright of any material, and that VIP Party Bus Rental may engage in legal actions against individuals or entities which engage in such misrepresentation, without limiting VIP Party Bus Rental’s rights to recover from any damages or costs it has endures as a result of such misrepresentation.
Our designated Agent for Copyright and DMCA related issues:
NAME OF AGENT / COMPANY
You may contact our Agent for any copyright, DMCA or other intellectual property related issues.
VIP Party Bus Rental is fully entitled to display advertisements and sponsors on the Website, where and whenever it deems appropriate. These advertisements or sponsor images may contain hyperlink that lead out of the VIP Party Bus Rental websites. We strongly encourage all users that, if they opt to engage with such sponsors or advertisement promotors, they carefully read any terms and policies or other legal disclaimers available on their websites, as VIP Party Bus Rental does not have control over such outside places, and that VIP Party Bus Rental makes no representation or endorsement of the authenticity, reliability or use for a particular purpose of any of the services or products offered by the businesses ran by any Sponsors or Advertisers.
VIP Party Bus Rental may terminate and impede access of any User which does not comply with this Agreement or, when VIP Party Bus Rental in good faith believe the User to be acting fraudulently or in other way harmfully against VIP Party Bus Rental or any other third-party. The termination will affect the whole contract, but clause 8, 12, 13, 14, 15, 16 and 18 shall survive the termination.
PERSONAL AND PRIVATE INFORMATION.
VIP Party Bus Rental shall at all times use reasonable technical and commercial efforts to ensure the Website’s availability, provided that no situation out of VIP Party Bus Rental control prevents them for ensuring the availability of the Services, of which VIP Party Bus Rental shall not be liable for. VIP Party Bus Rental shall not make refunds or take any liability for unexpected downtimes or for periodical maintenance.
TO THE MAXIMUM EXTENT PERMITTED BY ANY RELEVANT FUTURE OR PRESENT LAW, THE WEBSITE AND ANY SERVICES AVAILABLE ON SUCH WEBSITE ARE PROVIDED BY VIP Party Bus Rental SOLELY ON AN “AS IS,” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, AND VIP Party Bus Rental HEREBY DISCLAIMS AND MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, SUITABILITY, TRADE USAGE OR PRACTICE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE USE, MISUSE, OR INABILITY TO USE THE WEBSITE, THE DIRECTORY, ANY AVAILABLE INFORMATION AND SERVICES, EITHER IN WHOLE OR TORT OR PART. ADDITIONALLY, VIP Party Bus Rental DOES NOT WARRANT THAT THE WEBSITE AND SERVICES ARE IN ANY WAY ERROR-FREE OR THAT THEY WILL BE UNINTERRUPTED. IN CASE ANY SPECIFIC STATE, PROVINCE OR REGION DO NOT ALLOW ANY OF THESE DISCLAIMERS OR THE WIAVING OF WARRANTIES, THE AFOREMENTIONED IN THIS SECTION MAY NOT APPLY TO YOU, THE USER.
NO WARRANTY IN RELATION OF ANY LISTED ITEMS IS MADE BY VIP Party Bus Rental, AND THE LISTING USER SHALL ASSUME ALL LIABILITY FOR DAMAGES AS A RESULT FOR A UNSUITABLY, UNTRUE, FALSE, MISLEADING, DECEITFUL OR WRONG DESCRIPTION OF THEIR LISTED ITEM, REGARDLESS OF HAVING THE INTENTION TO DO SO OR NOT.
LIMITATION OF LIABILITY.
VIP Party Bus Rental SHALL NOT BE LIABLE IN THE EVENT OF ANY OCCURRENCE WHICH RESULTS IN ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THIS WEBSITE OR THE PERFORMANCE OF ANY SERVICES OR PRODUCTS WHICH MAY BE AVAILABLE ON THE WEBSITE OR THE CONDUCT OF OTHER WEBSITE USERS (WHETHER ONLINE OR OFFLINE) OR ANY CONTENT THEREIN, EVEN IF VIP Party Bus Rental HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY AND ABSORB ALL LIABILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST VIP Party Bus Rental FOR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE CUMULATIVE LIABILITY OF VIP Party Bus Rental ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS SHALL NOT BE MORE THAN 10$. LAST PARAGRAPH MAY NOT APPLY TO YOU IF IN YOUR STATE OR COUNTRY SUCH LIMITATION OF LIABILITY IS NOT PERMITTED BY LAW.
In the unlikely event that we cannot resolve any type of dispute any user has with VIP Party Bus Rental, you agree that all disputes or conflicts arising out of this Agreement shall be solved by arbitrators located in the State in Nevada. Rules of the elected arbitral body shall apply. The prevailing party may be reimbursed any legal expenses, including without limitation, any reasonable attorney fees.
This Agreement shall be governed by the laws, acts and regulations of the state of Nevada of the United States of America and in the event of any conflicts arising of the terms and conditions determined herein may be construed by the courts of XXXXXXXX.
User hereby agrees to keep VIP Party Bus Rental indemnified and hold VIP Party Bus Rental harmless from and against all claims of loss and/or damage in case of wrongful or inexpert use of the Website. VIP Party Bus Rental waives all liability of non-authorized use of the Website or registration of Children without the explicit consent of their Parents or Guardians.
If any provision of this Agreement is, held or interpreted to be invalid or in other way unenforceable, the other provisions of this Agreement will remain enforceable for all purposes which may assist the parties to this Agreement.
Any delay or failure by either party to this Agreement to execute or exercise any right or claim related to the terms and conditions determined herein, shall not be construed as a waiver of such right.
The Parties hereto agree that User may not assigned any of its rights or obligations determined in this agreement to any third parties, without express and explicit written consent of VIP Party Bus Rental. VIP Party Bus Rental may at any time assign this Agreement, provided that the conditions and terms of this Agreement survive such assignment and are kept identical or improved by the assignee, and the fees are kept unchanged for a period of no less than six (6) months.
It is determined that all rights and remedies of VIP Party Bus Rental under this Agreement are cumulative. User acknowledges that the Services and/or the Website may contain valuable trade secrets and proprietary information of VIP Party Bus Rental, and that any breach of this agreement regarding intellectual property and/or copyright may constitute immediate and irreparable harm to VIP Party Bus Rental its affiliates, licensors, partners, shareholders and agents, and that these would not be relieved by a simple monetary damage recovery. If such breach occurs, VIP Party Bus Rental shall be entitled to seek injunctive relief without any other requirements or requisites. In case that any legal action is promoted in relation to this agreement, the prevailing party may seek reasonable attorney fees, legal costs and other expenses, in addition to any other relief which VIP Party Bus Rental may seek.
Any delay in the performance of any duties or obligations of VIP Party Bus Rental, except the common obligations on the Party Bus & Limo Drivers’ part such as the monthly payment for their listing, shall not be considered a breach of this Agreement, provided that such delay is caused by shortage of materials, fire, earthquake, flood, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the cause of such delay and to resume performance as soon as possible.
REVISIONS TO THIS AGREEMENT.
This Agreement shall be construed as the final and entire agreement between the parties respecting the subject matters determined herein and supersedes all prior discussions, either written or oral, respecting the terms and conditions set in this Agreement.