Term Conditions Page

Terms & Conditions

Welcome to vPin Marketplace, vee-pin.com and/or its affiliates (“vPin Marketplace”) provide website features and other products and services to you when you visit or shop at market.vee-pin.com, use vPin Marketplace products or services, use vPin Marketplace applications for mobile, or use software provided by vPin Marketplace in connection with any of the foregoing (collectively, “vPin Marketplace Services”). vPin Marketplace provides the vPin Marketplace Services subject to the following conditions. By using vPin Marketplace Services, you agree to these conditions. Please read them carefully.

We offer a wide range of vPin Marketplace services, and sometimes additional terms may apply. When you use a vPin Marketplace Service (for example, Your Profile, Gift Cards, vPin Marketplace Video, Your Media Library, vPin Marketplace devices, or VPin Marketplace applications) you also will be subject to the guidelines, terms and agreements applicable to that vPin Marketplace Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will supercede.

ELECTRONIC COMMUNICATIONS

When you use vPin Marketplace Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other vPin Marketplace Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

YOUR ACCOUNT

You may need your own vPin Marketplace account to use certain vPin Marketplace Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. vPin Marketplace does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the vPin Marketplace Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their vPin Marketplace Household. Alcohol listings on vPin Marketplace are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. vPin Marketplace reserves the right to refuse service, terminate accounts, terminate your rights to use vPin Marketplace Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATION, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. vPin Marketplace reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant vPin Marketplace a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant vPin Marketplace and sublicense the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify vPin Marketplace for all claims resulting from content you supply. vPin Marketplace has the right but not the obligation to monitor and edit or remove any activity or content. vPin Marketplace takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All purchases of physical items from VPin Marketplace are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

vPin Marketplace does not take title to returned items until the item arrives at our fulfillment center. There are no refunds for complaints not made within 72 hours from time of product delivery. There are no refunds for items which are in accordance with buyer’s specification. Refunds can only be made after confirmation of cogent and verifiable reason(s) for return.

PRODUCT DESCRIPTIONS

vPin Marketplace attempts to be as accurate as possible. However, vPin Marketplace does not warrant that product descriptions or other content of any vPin Marketplace Service is accurate, complete, reliable, current, or error-free. If a product offered by vPin Marketplace itself is not as described, your sole remedy is to return it in unused condition.

PRICING

“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on vPin Marketplace and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on vPin Marketplace. With respect to items sold by vPin Marketplace, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by vPin Marketplace is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

OTHER BUSINESSES

Parties other than vPin Marketplace operate stores, provide services or software, or sell product lines through the VPin Marketplace Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from vPin Marketplace. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). vPin Marketplace does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE VPIN MARKETPLACE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE VPIN MARKETPLACE SERVICES ARE PROVIDED BY VPIN MARKETPLACE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. VPIN MARKETPLACE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE VPIN MARKETPLACE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE VPIN MARKETPLACE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE VPIN MARKETPLACE SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, VPIN MARKETPLACE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VPIN MARKETPLACE DOES NOT WARRANT THAT THE VPIN MARKETPLACE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE VPIN MARKETPLACE SERVICES, VPIN MARKETPLACE’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM VPIN MARKETPLACE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, VPIN MARKETPLACE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY VPIN MARKETPLACE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY VPIN MARKETPLACE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any vPin Marketplace Service, or to any products or services sold or distributed by vPin Marketplace or through vee-pin.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

ADDITIONAL VPIN MARKETPLACE SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with vPin Marketplace Services (the “vPin Marketplace Software”).

1. Use of the vPin Marketplace Software.

You may use vPin Marketplace Software solely for purposes of enabling you to use the vPin Marketplace Services as provided by vPin Marketplace, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the vPin Marketplace Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the vPin Marketplace Software in whole or in part. All software used in any vPin Marketplace Service is the property of vPin Marketplace or its software.

2. Use of Third Party Services.

When you use the vPin Marketplace Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

3. No Reverse Engineering.

You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the vPin Marketplace Software, whether in whole or in part.

4. Updates.

We may offer automatic or manual updates to the vPin Marketplace Software at any time and without notice to you.

5. Conflicts.

In the event of any conflict between these Conditions of Use and any other VPin Marketplace or third-party terms applicable to any portion of VPin Marketplace Software, such as open-source license terms, such other terms will control as to that portion of the vPin Marketplace Software and to the extent of the conflict.