Effective Date: 7/4/2023

Welcome to STREAM.VTIP.ME (“the Website”). These Terms of Use (“Terms”) govern your use of the Website and the services provided therein. By accessing or using the Website, you agree to comply with these Terms. If you do not agree with any part of these Terms, please do not use the Website.

  1. Acceptance of Terms
    • 1.1 By using the Website, you affirm that you are at least 18 years old and capable of entering into a binding agreement, or if you are accessing the Website on behalf of a legal entity, that you have the authority to bind such entity to these Terms.
    • 1.2 We reserve the right to modify these Terms at any time without prior notice. Continued use of the Website after any such changes shall constitute your consent to such changes.
  2. User Content
    • 2.1 The Website may allow you to upload, post, and share videos, comments, and other content (“User Content”).
    • 2.2 You are solely responsible for the User Content you upload or post on the Website. You represent and warrant that you own all necessary rights, licenses, and permissions to grant the Website the rights to use your User Content as described in these Terms.
    • 2.3 By uploading or posting User Content, you grant the Website a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the operation of the Website and its services.
  3. Prohibited Conduct
    • 3.1 You agree not to engage in any of the following prohibited activities while using the Website: a) Uploading, posting, transmitting, or sharing any User Content that is unlawful, harmful, defamatory, obscene, or otherwise objectionable. b) Violating any applicable laws or regulations. c) Impersonating any person or entity or falsely representing your affiliation with any person or entity. d) Engaging in any activity that may disrupt or interfere with the proper functioning of the Website. e) Accessing or attempting to access any part of the Website or its systems without authorization. f) Collecting or harvesting any information from the Website without our prior consent.
  4. Intellectual Property Rights
    • 4.1 The Website and its content, including but not limited to text, graphics, logos, videos, and software, are protected by intellectual property rights owned or licensed by the Website.
    • 4.2 You may not reproduce, modify, distribute, display, or create derivative works of any content on the Website without prior written permission from the Website or the respective intellectual property rights holder.
  5. Third-Party Content and Links
    • 5.1 The Website may contain links to third-party websites, services, or content that are not owned or controlled by us. We do not endorse or assume any responsibility for any third-party websites, services, or content. Your interactions with third parties are solely between you and the third party.
    • 5.2 The Website may also display advertisements and promotions from third parties. Your interactions with advertisers found on the Website are solely between you and the advertiser.
  6. Termination
    • 6.1 We reserve the right to suspend or terminate your access to the Website, at our sole discretion, without prior notice or liability, for any reason including, but not limited to, a breach of these Terms.
    • 6.2 WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO DECIDE WHETHER USER SUBMISSIONS ARE APPROPRIATE FOR THE SITE AND WHETHER THEY COMPLY WITH THESE TERMS OF USE. WE RESERVE THE RIGHT TO REMOVE USER SUBMISSIONS FOR ANY REASON AND AT ANY TIME WITHOUT PRIOR NOTICE.
    • 6.3 Upon termination, all provisions of these Terms shall survive, including but not limited to the ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
  7. Limitation of Liability
    • 7.1 The Website is provided on an “as is” and “as available” basis. We do not warrant that the Website will be error-free, uninterrupted, secure, or free of viruses or other harmful components.
    • 7.2 To the extent permitted by applicable law, in no event shall the Website or its operators be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Website.
  8. Copyright infringement policy and dmca notification procedure
    • 8.1 It is our policy to block access to or remove any material that we believe in good faith to be copyrighted material that has been submitted to the Site without proper authorization from the copyright owner.  Further, we will close the accounts of repeat offenders and deny them access to the Site and Services. 
    • 8.2 We will remove any Content or User Submission if properly notified that such Content or User Submission infringes on another’s intellectual property rights.  If you are a copyright owner or an agent thereof and believe that any Content or User Submission on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
      •  a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
      • precise identification of the copyrighted work or works claimed to have been infringed; and
      • precise identification of the material on the Site that is claimed to be infringing or to be the subject of infringing activity and that is to be removed and information reasonably precise and sufficient to permit the website to locate the material; and
      • information reasonably sufficient to permit the website to contact you, such as an address, telephone number, and, email address; and
      • a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      • a statement that the information in the notification is accurate, and, under penalty of perjury, that you are either the owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    • 8.3 You acknowledge that if you fail to comply with all of the requirements of this Section, your notification of alleged infringing activity may not be valid.  In addition, you acknowledge that STREAM.VTIP.ME has the right to disregard any notification of alleged infringing activity that does not contain sufficient information or does not otherwise comply with the notification guidelines provided in the DMCA.
    • 8.4 STREAM.VTIP.ME has a designated Copyright Agent to receive notifications of claimed infringement.  Notifications to the designated Copyright Agent must be sent using one of the options on the contact us page found here.   For clarity, only DMCA notices should go to the Copyright Agent.  Any other feedback, comments, requests for technical support, and other communications should be directed to STREAM.VTIP.ME customer service by using one of the options on the contact us page located here. 
  9. Governing Law and Jurisdiction
    • 9.1 These Terms shall be governed by and construed in accordance with the laws of New York. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of New York.
  10. Severability
    • 10.1 If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from the rest of the Terms and shall not affect the validity and enforceability of the remaining provisions.
  11. Disclaimer of warranties
    • 11.1 The website and services and all products and services available through the site are provided on an “as is” and “as available” basis.  Stream.vtip.me makes no other representations or warranties of any kind, express or implied, including without limitation:
    • 11.2 The website makes no warranties, and expressly disclaims, any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement;
    • 11.3 The website expressly disclaims any implied warranty arising from course of dealing or usage of trade; and
    • 11.4 The website makes no claims or guarantees that its site or services, or the services available through the site, will make the member successful in their fundraising efforts.
    • 11.5 You understand and agree that the site and all content and services are intended for entertainment purposes and are not intended to provide specific information or specific advice in regard to any course of action or inaction in any circumstances whatsoever, including, in particular, any circumstances having financial or legal aspects or consequences; and, therefore, the website makes no warranty as to the results that may be obtained from the use of the site or service;
    • 11.6 the website does not warrant that the products, services, descriptions, information or material included on the site will be as represented by third-party providers, will be free of defects or lawful to sell, or will be satisfactory to you, or that third-party providers will perform as promised;
    • 11.7 The website expressly disclaims any obligation, liability or remedy in tort, whether or not arising from any negligence of stream.vtip.me.
    • 11.8 The website makes no warranties that its site or services, or the services available through the site, will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, operate without error or be free of software errors or computer viruses;
  12. Dispute resolution
    • 12.1 The website maintains a three step process for resolving disputes. It is our experience that most disagreements can be effectively and satisfactorily resolved through good faith negotiations between the parties involved. Therefore, we require, and you agree, that as a first step in resolving any misunderstanding or dispute, the problem will be fully discussed between you and the website with a good-faith goal of achieving a mutually satisfactory resolution.
    • 12.2 If good-faith negotiations between you and the website cannot resolve the dispute, you agree that the dispute will be submitted to non-binding mediation in the state of New York before a New York certified mediator chosen and deemed acceptable by the website. Further, you agree that the chosen mediator will apply fair and neutral procedural rules to both parties in an effort to resolve the dispute, and you agree to abide by such procedural rules.
    • 12.3 If the dispute cannot be resolved through mediation, you agree that it will be submitted to binding arbitration in the state of New York, before a neutral arbitrator and in accord with the rules and procedures of the American Arbitration Association. The resulting settlement will be binding on both parties, which means that the settlement terms will not be appealable to either a state or federal judicial court. The prevailing party will be entitled to recover its reasonable costs and attorney’s fees.
    • 12.4 YOU AND THE WEBSITE AGREE THAT ANY UNRESOLVED CLAIM ARISING OUT OF OR RELATED TO THE SITE MUST BE SUBMITTED TO MEDIATION WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM; FURTHER, IF THE MEDIATION PROCESS FOR SUCH CLAIM IS NOT INITIATED WITHIN ONE YEAR, SUCH CLAIM IS PERMANENTLY BARRED AND CANNOT THEN BE SUBMITTED EITHER TO MEDIATION OR TO BINDING ARBITRATION.

By using the Website, you acknowledge that you have read, understood, and agreed to these Terms of Use. If you have any questions or concerns, please contact us at [email protected]