Terms and Conditions


Preface

VIPocean recommends you to read the following terms and conditions attentively, to ensure that you have fully understood and accepted the terms governing the use of its service. By creating a profile on VIPocean, you commit yourself to respect them. If you cannot commit yourself to respect these terms, you cannot create a profile on VIPocean.

Please understand that these terms are not there to limit your personal freedom, but to make your experience on our site as great as possible.

VIPocean is a social network allowing you to live an outstanding experience within a VIP community.

One of the most interesting features of this network is that it allows you to communicate with other members wherever you are on the site.

You can use VIPocean to keep in touch with your family, friends and colleagues or to meet new people. VIPocean puts you in touch with users subscribed to the site and therefore enables you to browse VIPocean members´ profiles in your area or even in your town.

VIPocean is an open network (except in the closed confines of the VIP Lounge), where you can keep in touch with your friends´ activities (published articles, new friends added, new picture uploaded, comments left on a profile...) on the site, but also with people who you would like to get to know. VIPocean is therefore an open tool, dynamic and close to reality, allowing you to keep in touch with friends or meet new people.


Legal information

MeetYourmessenger España S.L, CIF:ESB-92896471, Avda. Higuerón 48, -2, 29640 Fuengirola (Málaga), Spain. It is registered in Registro Mercantil Malaga, Tomo: 4438, Libro: 3347, Folio: 196, Hoja: MA-95172.

Validity of the terms and conditions Application

These current Terms and Conditions version 15.05.2012 apply as from the 15th of May 2012.

Modification/changes

VIPocean reserves the right to change the current terms and conditions at any time. When any changes are made, the new terms and conditions will be published on the website and you have 30 days to make yourself familiar with them. After the 30 days any existing member will be considered to have accepted the changes. Members should stay updated and regularly visit these terms on the site.

In case parts of these terms should be found invalid, the remaining terms are maintained and will remain valid.
Reference language

When VIPocean has provided you with a translated version of its terms, you agree that the translation is provided for your convenience only and that the original English version will take precedence in case of any dispute with the site.

If there is any contradiction between what the English version of our terms says and what a translation says, the English version shall take precedence. Member´s responsibility Conditions of the profile creation

By creating a user profile on VIPocean.co.uk, you accept the terms and conditions listed below. You also accept VIPocean´s privacy policy as indicated in the article « Privacy and respect to private life ». If you do not accept the terms and conditions, you cannot create a profile on VIPocean.co.uk

Access to VIPocean services is limited to people who have received an invitation. In order to sign up to VIPocean, you must be at least 16 years old and not be on the sexual offender register of any jurisdiction.

You may not create a profile that can be confused with another person. Likewise, you are not allowed to enter other people´s e-mail addresses or to use a fake e-mail address. Remember that there is a person behind each profile, so treat other members the way you would like to be treated.

When you create your profile on VIPocean, you are providing some information. These are: your name and surname, e-mail address, profile description, city, date of birth and gender. If you do not wish to provide this information, you cannot create a profile on VIPocean.

Access to VIPocean is free (except for VIP Lounge features).

The three commandments of the VIP member:

N° 1. You are responsible for all your data being truthful and genuine.

N° 2. You are responsible for third party use of your profile, as well as activities or statements coming from your account no matter if these are correct or not.

N° 3. You agree to the indemnification of VIPocean with regards to responsibility, demands and costs that may occur as a result of your violation to this agreement or to your profile on VIPocean.

Terms of use of the profile

You must take full responsibility of the equipment necessary to navigate on VIPocean (e.g. computer, software, telecommunication systems etc.). Equivalently, the cost incurred by using said equipment lies with you.

By uploading or typing content on VIPocean, you acknowledge that you are in possession of all rights or have collected consent from all rightful owners of the uploaded or typed content. In case VIPocean suffers any loss in connection with a user having uploaded or typed in content to which he did not have the rights to, VIPocean reserves the right to seek compensation for this loss from the user.

Intellectual property

All rights to immaterial property of VIPocean such as brands, copyrights, texts, pictures and logos are protected by copyright laws. The user is not allowed to use these rights both directly and indirectly by copying, reproducing or using part of the site without prior written permission from VIPocean, as this will constitute a breach of the mentioned rights. Actions that violate VIPocean´s immaterial rights will be counteracted with an injunction from the tribunal without warning.

Modification/Deletion

VIPocean reserves the right to delete/modify profiles which have, according to the site, a behavior irreconcilable with its principles or with other members´ interests. You are only allowed to use VIPocean for private use. It is thus strictly forbidden to use the site for professional, advertisement, promotional or commercial purposes. It is also against the rules to use the site to spread content that could be construed as offensive to other members (based on race, sexual orientation, political or religious beliefs).

Exclusions

VIPocean reserves the right to exclude a member, without warning, in the following cases:

- Service abuse

- Violation of the current terms and conditions

- Sharing information concerning other members (e-mail address, mail address, telephone number...)

- Illegal behavior, non-ethical, irresponsible or any other behavior that could be construed as harassment towards other members

- Profiles considered to be fake

- General inacceptable behavior as defined by the site

If you wish to learn more on the criteria the site uses to judge the legitimacy or otherwise of a profile, please refer to our « Guidelines ». Any content considered as in direct violation with the law (pedophilia...) as well as cases of harassment will be reported to the relevant authorities, including the IP address of the member, time of creation and any other necessary information.


VIPocean´s responsibility Commitments of VIPocean

VIPocean commits itself:

Not to artificially develop its members´ base, whether by the creation of fake profiles or by moderators.

To permanently delete from its database information that makes up a profile (picture and text) when a member deletes his profile. This is the reason why a profile cannot be restored once deleted.

To answer within the shortest time messages sent to the customer service department.

To permanently delete from its database a member´s e-mail address when the latter makes such a request, either by clicking on the link at the bottom of invitations, or when making such a request via the support.

Limited responsibility

VIPocean is not responsible to the user for:

A user´s behavior (you have the option of reporting both pictures and messages that are sent to you).

Contracts made over the site with other members.

Any direct or indirect loss that exceeds the amount the user has paid to the site.

Any content uploaded to the site by users which is protected by third party rights or any kind of direct or indirect losses that a third party may have as a result of this.

VIPocean is not to be used as a database. It is therefore the user´s responsibility to make appropriate backups of contents uploaded to the site (pictures, texts…). VIPocean cannot be held responsible for the loss or ookkdeletion of this data.

Social responsibility of VIPocean

As an international company in the area of the development of social networking, VIPocean accepts its social responsibility wherever the country it operates in. VIPocean tries to respect the culture as well as the traditions of each country, taking into consideration each of their concerns. VIPocean tries to respect ethical values via technical and manual initiatives, as well as a close dialogue with our members.
VIPocean gives a high importance to:

  • Picture validation 24h/24

VIPocean validates pictures uploaded to the site 24h/24, everyday of the week. This enables VIPocean to respond to its members´ expectations but equally to meet the requirement of the market. Specific rules have been created to decide on the deletion or acceptance of a picture on VIPocean. These rules are different whether the picture is a profile picture, a gallery picture or a private gallery picture. To learn more, refer to the article «Terms to upload pictures» in these terms and conditions.

  • Inappropriate profile reporting

VIPocean´s customer service is internally managed to provide a quick response of high quality to our members. You have the option of reporting any profile to the Support by clicking on the link «Report this profile» above profile pictures.

  • Young users´ safety

VIPocean has developed a security filter for our younger members allowing them, as far as possible, to communicate with people of their age, family members or existing acquaintances.

  • Spamming, scamming, fishing :

VIPocean has developed a security filter that limits the number of spammers and scammers on its site.

A number of problems encountered on the internet are known and recurring. Some organizations and authorities do everything they can to inform internet users. VIPocean strongly recommends you to visit the following websites which contain a wealth of information to protect your private life as well as that of your close friends and family:

  • Get Safe Online: Simply browsing the internet can be dangerous. Malicious websites contain viruses and spyware and criminals create fake sites to steal personal information. With Get Safe Online, learn how to protect yourself on the Internet.

Privacy and respect to private life

By accepting these terms and conditions, you accept the privacy policy as described below. You are recommended to read it carefully before accepting it. If you do not accept this privacy policy, you cannot create a profile on VIPocean.

Data collected during the profile creation

When creating a profile on VIPocean, by ticking the box "I accept to receive e-mails, newsletters, updates, user surveys and special offers from VIPocean related to my interests" or "I accept VIPocean´s privacy policy as well as receiving e-mails from VIPocean, you may be receiving e-mails from VIPocean under the following forms:

E-mails: welcoming you on the website, informing you about the last news on your profile (new e-mail, new comment, new question, new Jetset Mag article...), but also news concerning your friends (friends added, reply to a question...). We may also send you your password in case you have forgotten it.

Newsletter: sent every two days, it contains either a selection of the latest members who signed up in your region, or members that visited your profile.

Commercial offers: these can be either based on your interests or we can choose to send an offer to all of our members. They are exclusively sent from VIPocean or partner websites.

Updates: regarding VIPocean, as well as information about cooperation´s between VIPocean and third parties.

User surveys: asking you to participate to VIPocean surveys (measuring members´ expectations…)

In addition to the content mentioned above, e-mails sent by VIPocean may also include contents (ultimately advertising) originating from third parties based on the interests indicated by VIPocean members.

Users can cancel their consent to receive e-mails from VIPocean at any time by either signing in to the site and, under ´My profile´, deleting the reception of e-mails, by clicking on the link located at the bottom of all e-mails, or by contacting the customer service department.

Data collected whilst in use

When you create a profile on VIPocean, you accept that your information will be stored on VIPocean servers and that part of it may be shared with other members (name, surname, city, age, pre written questions and answers. However, in the same way that you can see what other members are doing, writing and visiting, they can also see what you are doing, writing and visiting.

Your profile contains a profile description. The purpose of this text is to enable other users on VIPocean to get an impression of who you are. Keep in mind that this text provides personal information to other members. It is therefore important to choose carefully what you write.

The same goes for pictures that you upload to your profile. Keep in mind that they can be seen by all members (except private pictures if you have access to the VIP Lounge).

VIPocean gives you the opportunity to share your experiences with other members of the site via the Jetset Mag. You must be aware that the content of such articles is visible to all and can therefore provide information on your private life.

VIPocean uses so-called "cookies". A "cookie" is a small file which is stored on your computer, containing an identification of the computer for VIPocean. Cookies are used to enhance your experience on the site, for instance by remembering your e-mail address.

If you do not want "cookies" to be used, you can turn off this function in your Internet browser. However, this might reduce the website´s features.

In connection with every visit to VIPocean, your IP address, as well as e-mail address, is recorded. Your IP address is the address of the computer you use to connect to VIPocean. The IP address is registered to ensure that VIPocean is always capable of locating the computer used at any time in case of abuse or illegal activities on the website. It is for this reason that the IP address is stored after the deletion of a profile by a member.

Use of data

Information held about you by VIPocean is used in different ways.

Generally, the information you provide us with is used to build VIPocean´s website. It allows you to gather your different contacts to one place, as well as to feed the global network in order for everyone to extend its own.

More specifically, your name and e-mail address are used to identify you on VIPocean so that we can contact you. Your e-mail address is also used to send you e-mails as described in the article "Data collected during the profile creation". You can change the settings for the reception of e-mails by going to the tab "My profile".

Your postcode is used to locate you geographically so that your experience from using VIPocean can be improved. It will make it possible for you to search for profiles in your local area.

Your year of birth and gender are used to improve the visibility of your profile on the search tool. Your year of birth is also used to make sure that you are at least 16 years old.

VIPocean may use information you provide in connection with your use of our service to try to improve it, by analyzing the way you use the website. For instance, cookies and IP addresses are used to examine which parts of the site you use the most and to provide you with a service that best meets your expectations.

Sharing of information

As indicated previously, you must be aware that your profile and its activities are visible to other members.

You accept that in the case of any abuse of our service by you or other members, the information that we have at our disposal, such as your IP address, may be passed on to the relevant authorities if they make such a demand.

VIPocean is entitled to disclose all information that exists about you on the site to third parties if it is done anonymously or if the third party is subject to a confidentiality agreement. Such disclosure can for instance be in connection with analysis of statistics collected on the site, market studies or in preparation for advertisements on VIPocean.

Right to access and to correction

If you discover that your information is incorrect, you have the opportunity to correct it yourself (except your date of birth to protect minors and your e-mail address so VIPocean can identify your profile). To do so, sign in on the website under the tab "My profile" or by making such a request to VIPocean customer service who will then make the correction within a reasonable time.

Pursuant to the provisions of Organic Act 15/1999, of 13th December, on the Protection of Personal Data, you are hereby informed and expressly and unequivocally consent to the incorporation of your personal data to the personal data files held by MEETYOURMESSENGER ESPAÑA S.L., who owns VIPocean, and to the processing of said data for the purposes of financial, accounting, tax and administrative management and for the management of providers. The Data Controller of the relevant files is: MEETYOURMESSENGER ESPAÑA, S.L with registered office at Fuengirola (Spain), Avenida del Higuerón, Urb. Reserva del Higuerón, nº 48, 29640-Málaga.

You are hereby informed of the transfer of your personal data to the Spanish State Tax Agency to comply with obligations imposed by applicable legislation and to banking entities for the purposes of payment of receipts.

You further acknowledge and expressly and unequivocally agree to MYM communicating your identification and business contact details, as well as any other data as may potentially be collected from the e-mails you exchange with MYM, to any service providers who, in their capacity as data processors, may require access to those personal data to adequately perform the services contracted with MYM in relation to the "Google Sites" service, and who may be located outside the European Economic Area, even in countries not granting an equivalent level of protection. In particular, you expressly consent to the communication of your personal data to Google España, with registered office at Plaza Pablo Ruiz Picasso, 1, Madrid, for the above purposes, save where otherwise expressly provided.

You may exercise your rights of access, rectification, deletion and opposition at the address of MEETYOURMESSENGER ESPAÑA, S.L., and may for such purposes use any of MEETYOURMESSENGER ESPAÑA, S.L. communication channels, either personally at their offices by written notice by ordinary mail to the Data Controller or sending an e-mail to the following address: mydatarights@vipocean.com.Any requests regarding the cancellation of the subscription or refunds should be addressed to VIPocean´s claim department.

  • E-mail : info@vipocean.co.uk
  • Mail : VIPocean meetYourmessenger España S.L Avenida Del Higueron 48, -2 29640 Fuengirola España

The user´s request must contain the following information:

1. Name (as it appears on the website).

2. Copy of passport, electronic signature or scanned copy of the ID.

3. Detailed request.

4. E-mail address for notification purposes.

5. Date and signature.

You can delete your profile at any time by clicking on "My Profile" and then on "Settings".

Data processing/use by a third party

VIPocean may use an external company to carry out the technical maintenance of the site. In that case, the company will be handling data under the responsibility of VIPocean.

Any company handling data for VIPocean will be subject to the same requirements as VIPocean regarding confidentiality.

If parts or all of VIPocean are transferred to a third party, you must accept that your personal data held by VIPocean can be passed on to this third party as long as the same terms of privacy are maintained.

Modifications/Amendments

These terms for privacy can be modified or amended by VIPocean according to the same rules that are applicable to the rest of these terms as mentioned in the article "Validity of the terms and conditions". The applicable terms can be found at any time on www.vipocean.co.uk


Terms to upload pictures

All pictures uploaded to VIPocean must fulfill the following criteria:

Be free of copyright. You must hold the rights to the picture in its entirety, this means, the copyright and other rights must not be held by a third party. The people present in the pictures must have given their consent for public use.

Be clear. Blurred or modified (effect added with software) pictures will be deleted.

The pictures should not contain logos, links or references to other websites or businesses and/or their products.

Pictures should not appear violent, threatening or vulgar nor have sexual undertone. They should not contain any representation of firearms, drugs or money either.

Professional pictures will be considered fake until a normal everyday picture can be presented to verify the authenticity.

Pictures depicting nudity will be deleted, except where swimwear is worn in an appropriate environment (e.g. bikini at the pool).

Pictures that do not follow the above requirements will be deleted without warning and VIPocean reserves the right to delete any pictures which are considered to be inappropriate.

Profile picture

The profile picture is visible by all members; it is for this reason that the requirements to upload profile pictures are more restrictive than for other categories.

The profile picture must show you alone (pictures of you when you were a child will not be accepted as profile picture in order to protect minors).

We strongly recommend you to upload a picture for your profile. Without a profile picture, you will narrow the visibility of your profile.

Gallery picture

Gallery pictures are visible by all members. However, these are not directly visible, so the requirements to upload gallery pictures are more flexible than for a profile picture.

Private gallery picture

Access to private pictures is limited to people that acquired the right. It is for this reason that the conditions to upload a private picture are more flexible than for the other categories.

However, VIPocean reserves the right to delete pictures that are not in direct violation of the law of our terms and conditions but which VIPocean considers as inappropriate.


Price and payment conditions Product description

Access to some features of VIPocean are payable. To enjoy these features, you will have to subscribe to the VIP Lounge. However, it is not necessary to pay to use the other features offered by VIPocean.

Minors cannot sign for the VIP Lounge. They can consequently not access to the VIP Lounge features, but can use the site to keep in touch with existing contacts.

When subscribing to a membership to the VIPocean Lounge, you will enjoy additional features such as the ability to read and answer all messages from other members, increase your profile´s visibility, take part in VIP events, save criteria for profile search, send friends invitations, have priority access to the customer service department, have your own private gallery and ask other members to access theirs. You obviously get all the other functions for free.

VIPocean also offers members to access to VIP events. The rates may be obtained upon request simply by clicking on the button « Get more information » on the page listing the different events. VIPocean offers its members help in the search of offers but also to place a reservation for VIP events tickets. Payments are not made to VIPocean but to the service directly. VIPocean cannot guarantee the availability of the different offers as stocks are limited.

Promotional offers

Promotional offers including a welcome gift are limited to one per household and per person and valid until stocks last. In other words, a household can only receive one of the gifts displayed in our promotional offers. When signing up to a promotional offer, members do not have the option to ask for a gift displayed in a different promotional offer.

In the case where VIPocean runs out of stock of a particular advertised product, the same product in a different colour or a similar product of identical value will be sent to the member.

In order to receive the welcome gift, the member will have to send a proof of residence with a valid address (water, electricity, telephone or internet bill less than 3 months old) either by e-mail to the following address: info@vipocean.co.uk or by fax to the following number 0034 952 573 962. Copies of a passport or ID card will not be accepted. Please note that you are only entitled to receive your welcome gift if your subscription is still active by the time of the shipment. By cancelling your subscription, you are renouncing to your right to receive your welcome gift.

Please note that no welcome gift will be sent without proof of residence in order to avoid fraud.

Promotional offers accompanied with a welcome gift are reserved to new members of the VIP Lounge living in the United Kingdom.

Welcome gifts will be sent within the earliest possible time from the moment the proof of residence is received and validated by our shipping department. In case of late delivery, VIPocean cannot be held responsible as the welcome gift is offered to the customer for trying out our services.

In the case where the welcome gift has to be sent back to VIPocean by the member, shipping fees will be the responsibility of the member. Requests for refunds for shipping fees will not be considered.

Please note that VIPocean cannot be held responsible if the welcome gift is defective.

Rates

The price for a membership to the VIP Lounge has a cost of £34.95 per month (VAT included). This price is indicated in the payment window.

Some promotional offer might include a trial period to a VIPocean membership. Once this trial period is over, the membership will be renewed periodically.

VIPocean currently has two different types of offers;

1. 7 days´ access to VIPocean + a welcome gift: in this offer you sign up for VIPocean for a 7 days´ trial period after which your subscription will be renewed monthly at a price of £34.95

2. 7 days´ access to VIPocean + a luxury welcome gift: in this offer you sign up for VIPocean for a 7 days´ trial period after which your subscription will be renewed every two months at a price of £69.90

The offer you sign up for is clearly stated on the campaign pages so please make sure you have understood which offer you sign up for before accepting the terms.

Prices of the events may vary from an event to another; ask the customer service department for further details.

Recurrent subscription

Subscription to the VIP Lounge is recurrent. This means that your subscription is automatically renewed if you do not cancel it before it expires. Subscriptions at VIPocean are renewable periodically.

Some subscriptions start with a trial offer at preferential rates and/or a welcome gift. If your trial period does not exceed 20 days you can cancel your subscription anytime you wish during that trial period. If the trial period is longer than 20 days (for example a 30 day trial period) you will have to cancel your subscription no later than 5 days before the next subscription period begins in order for the subscription not to be renewed.

After the initial trial period, you can cancel your subscription at any time without further commitments as long as the cancellation reaches VIPocean no later than 5 days before the next subscription period begins in order for the subscription not to be renewed.

Subscription starts from the time of purchase by the member. VIPocean will deactivate access to the service without warning as soon as the subscription is cancelled or in the case of non-payment.

In order to keep a subscription on-going and avoid an unintended deactivation of the user´s subscription, credit card payments might be settled earlier than the exact expiry date of the ongoing subscription period. This will of course not shorten the original subscription period.

Right to refunds

VIPocean´s intention is to satisfy all our customers and is therefore offering a "30 day money-back guarantee" in the event that some members might not be satisfied with the service. All paying members may exercise their right to this policy within the given limitations. VIPocean will refund any customer submitting their request within 30 days of payment. If the customer has received a gift in addition to his/her subscription, he/she will need to send back the gift prior to receiving the refund to the following address:

VIPocean

Apartado de Correos número 63

29639 Benalmadena – Málaga

Spain

Please note that the welcome gift should be in new, undamaged condition and in its original packaging with all relevant contents.

Customers doing chargebacks on past transactions will automatically lose their right to refunds and promotional gifts.

As VIPocean offers our members a tailored service, the sale of tickets for VIP events cannot be refunded.

Terms of payment

Payment on VIPocean can only be made via bank cards listed on our site, such as: Visa, MasterCard, Visa Electron, and American Express.

Payments are secured by an SSL encryption and VIPocean has no access to your card details at any time as all information is handled by an online payment service provider.

Card details provided by the member must be its own. In case of fraud with respect to the bank card, VIPocean cannot be held responsible. In case of dispute regarding the payment, members must immediately inform VIPocean via the customer service department (info@vipocean.co.uk)

VIPocean reserves the right to modify payment terms, prices as well as the content of offers and services. These changes take effect immediately for all new users and non-paying users. All subscription information is available to members on their personal page. Members can view this information by clicking on "My profile" and then on "Settings".

Invoicing

When purchasing any product, subscription or service from VIPocean, you acknowledge that invoices are only issued electronically. You can access your invoices from the confirmation e-mail you receive after subscribing to our service or directly from your profile on VIPocean by clicking on the "My profile" tab and "Settings".

Applicable laws and relevant legislation

These Terms and Conditions are subject to Spanish legislation.

With express renunciation of any other jurisdiction that may apply, VIPocean and the user are subject to that of the courts and tribunals of the domicile of the latter for any disputes regarding the interpretation and implementation of these Terms and Conditions, the access to this website, and the use of its services. If the user is domiciled out of Spain, VIPocean and the user, with express renunciation of any other jurisdiction, will submit to the courts and tribunals applicable in every case according to the applicable rules and legislation.

Responsible for dataprocessing

MeetYourmessenger España S.L, CIF:ESB-92896471, Avda. Higuerón 48, -2, 29640 Fuengirola (Málaga), Spain. It is registered in Registro Mercantil Malaga, Tomo: 4438, Libro: 3347, Folio: 196, Hoja: MA-95172