TERMS & CONDITIONS
Last Updated: August 26, 2022
Welcome to kinklive.com (the "Website"), an adult entertainment website. For users in the EU, the website is controlled by FBP Media s.r.o., a company based in the Czech Republic; for users outside the EU, kinklive.com is controlled by VS Media Inc. a California Corporation with a corporate office in the State of California, USA. For purposes of these Terms and Conditions, FBP Media s.r.o. and VS Media Inc. will each be referred to as the "Company" that controls the Website in their respective regions.
It is important to the Company that you and other visitors have the best possible experience while using the Website, and that, when you use the Website, you understand your legal rights and obligations. Please read this terms-of-service agreement, which is a legal agreement between you and the Company that governs your access to and use of the Website, including any content, functionality, and services offered on or through the Website. You may access the Website only if you agree to this agreement. Please pay special attention to the following sections of this agreement: (1) disclaimer of warranties (section 16); (2) limit on liability and exclusion of damages (sections 17 and 18); (3) place for resolving disputes (section 22.2); (4) arbitration (section 23.1); (5) class action waiver (section 23.5); and (6) limitation on time to file disputes (section 23.6).
Section 230(d) Notice: In accordance with 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching "parental control protection" or similar terms.
Minors Prohibited: The Website may contain, or direct you to websites containing, adult oriented content and is not intended for minors. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access the Website. The Company forbids all persons who do not meet these age requirements from accessing the Website.
Child Pornography Prohibited: The Company prohibits pornographic content involving minors. The Company only allows visual media of consenting adults for consenting adults on the Website. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within the Website, please promptly report this to the Company at email@example.com. Please include with your report all appropriate evidence, including the date and time of identification. The Company will promptly investigate all reports and take appropriate action. The Company fully cooperates with any law-enforcement agency investigating child pornography.
Prostitution and Sex Trafficking Prohibited: The Company prohibits the Website and its interactive services from being used in any way to engage in, participate in assist, support, promote, solicit, or facilitate any act of prostitution of another person or sex trafficking of another person. This includes using the Website or its interactive services to share personal contact details or arrange face-to-face meetings. If you see any evidence of the foregoing on the Website, please promptly report this to the Company at firstname.lastname@example.org. Please include with your report all appropriate evidence, including the date and time of identification. The Company will promptly investigate all reports and take appropriate action. The Company will terminate the account of any person engaging in any of the foregoing and will report all individuals suspected of promoting or facilitating prostitution of another person or sex trafficking to the appropriate law enforcement agency. The Company fully cooperates with any law-enforcement agency investigating prostitution or sex trafficking.
- 1.1 The Website provides live interactive audiovisual content, previously recorded audiovisual content, and various other products and services primarily provided by third-party broadcasters that is adult-oriented in nature. By accessing the Website, you may see graphic depictions of nudity and descriptions of explicit sexual activity, including heterosexual, bisexual, homosexual, and transsexual situations of a sexual nature. Access and registration to the Website is free. The only time you must pay is if you purchase credits or other content, products, or services.
- 1.2 This agreement applies to all users of the Website, whether you are a "visitor" or a "registered user." By checking the appropriate box during registration, purchasing credits or other items, or accessing any part of the Website, you agree to this agreement. If you do not want to agree to this agreement, you must leave the Website. If you breach any part of this agreement, the Company may revoke your license to access the Website, block your access, and cancel your account (if you have one).
- 1.3 The Company is not liable for anything that you post or say while you are on the Website. If the Company identifies, or someone tells the Company, that you have posted something that the Company finds inappropriate, the Company will remove it and may take appropriate action against you. If you post content that belongs to someone else and they get annoyed (or even call in their lawyers), the Company is not in the firing line. You have to take responsibility for what you post.
- 1.4 The Company may change this agreement on one or more occasions by updating this page. The top of this page will tell you when the Company last updated this agreement. Changes take effect on the "last updated" date stated on the top of this page. Changes will not operate retroactively. The Company will try to let you know when it changes this agreement if it can do so in a reasonable way. But you should frequently check this page to make sure that you are operating under the most current version of this agreement. The Company will consider your continued use of the Website after it posts the changes as your acceptance of the changes even if you do not read them. If you do not agree to the changes, your sole remedy is to stop accessing the Website.
- 1.5 If you have any questions about this agreement or any questions or comments about the Website, please email the Company at email@example.com.
Adult-Oriented Content. The Website contains uncensored sexually explicit material unsuitable for minors. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access the Website. If you do not meet these age requirements, you must not access the Website and must leave now. By accessing the Website, you state that the following facts are accurate:
- 2.1 You are at least 18-years old, have reached the age of majority where you live, and you have the legal capacity to enter this agreement;
- 2.2 You are aware of the adult nature of the content available on the Website, and you are not offended by visual images, verbal descriptions, and audio sounds of a sexual nature, which may include graphic visual depictions and descriptions of nudity and sexual activity;
- 2.3 You are familiar with your community's laws affecting your right to access adult-oriented materials, including sexually explicit material depicting bondage, S/M, and other fetish activities;
- 2.4 You have the legal right to access adult-oriented materials, including sexually explicit material depicting bondage, S/M, and other fetish activities, and the Company has the legal right to transmit them to you;
- 2.5 You are voluntarily requesting adult-oriented materials for your own private enjoyment;
- 2.6 You are not accessing the Website from a place, country, or location in which doing so would, or could be considered a violation of applicable law; and
- 2.7 You will not share these materials with a minor or otherwise make them available to a minor.
- Accessing the Website. The Company may withdraw or amend this Website, and any service or material it provides on the Website, in its sole discretion without notice. The Company will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, the Company may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Website.
- 4.1 Account Creation. You must complete the registration process by providing the Company with accurate information as prompted by the applicable registration form. You also must choose a password and a username.
- 4.2 Responsibility for Account. You are responsible for keeping your password and account confidential. Further, you are responsible for all activities that occur under your account. You must notify the Company promptly of any unauthorized use of your account or any other security breach. The Company may disable any username, password, or other identifier, whether chosen by you or provided by the Company, at any time in its sole discretion for any reason or no reason, including if, in the Company's opinion, you have violated any part of this agreement.
- 4.3 Liability for Account Misuse. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by the Company or another party due to someone else using your account or password.
- 4.4 Use of Other Accounts. You must not use anyone else's account at any time.
- 4.5 Account Security. The Company cares about the integrity and security of your personal information. But the Company cannot guarantee that unauthorized third parties will never be able to defeat the Website's security measures or use any personal information you provide to the Company for improper purposes. You acknowledge that you provide your personal information at your own risk.
- 5.1 Ownership. The Website and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by the Company, the Company's licensors, or other providers of that material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- 5.2 License Grant. This agreement permits you to use the Website for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:
- (a) Your computer may temporarily store copies of those materials in RAM incidental to your accessing and viewing those materials.
- (b) You may store files that are automatically cached by your Web browser for display enhancement purposes.
- (c) You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
- (d) You may download or print a copy of any part of the premium content to which you have properly gained access solely for your personal, noncommercial use and not for further reproduction, publication, or distribution.
- (e) If the Company provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, on condition that you agree to be bound by the Company's end user license agreement for those applications.
- (f) If the Company provides social media features with certain content, you may take those actions as are enabled by those features.
- 5.3 License Restrictions
- (a) Your computer may temporarily store copies of those materials in RAM incidental to your accessing and viewing those materials.
- (i) Modify copies of any materials from this Website.
- (ii) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- (iii) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
- (b) You may store files that are automatically cached by your Web browser for display enhancement purposes.
- (c) If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of this agreement, your right to use the Website will stop immediately and you must, at the Company's option, return or destroy any copies of the materials you have made. No interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by this agreement is a breach of this agreement and may violate copyright, trademark, and other laws.
- 5.4 Trademarks. The Company's name; the terms VIDEO SECRETS®, FLIRT4FREE®, and PEEKSHOWS®; the Company logo; and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use those marks without the Company's prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
- 5.5 Prohibited Uses. You must use the Website only for lawful purposes and in accordance with this agreement. You must not engage in any of the following prohibited activities:
- (a) copying, distributing, or disclosing any part of the Website in any medium, including by any automated or nonautomated "scraping;"
- (b) recording or rebroadcasting any streaming video feeds or chat sessions;
- (c) using any automated system, including "robots," "spiders," "offline readers," etc., to access the Website;
- (d) transmitting spam, chain letters, or other unsolicited email;
- (e) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website;
- (f) taking any action that imposes, or may impose at the Company's sole discretion an unreasonable or disproportionately large load on the Website infrastructure;
- (g) uploading invalid data, viruses, worms, or other software agents through the Website;
- (h) collecting or harvesting any personally identifiable information, including account names, from the Website;
- (i) using the Website for any commercial solicitation purposes;
- (j) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
- (k) interfering with the proper working of the Website;
- (l) accessing any content on the Website through any technology or means other than those provided or authorized by the Website;
- (m) bypassing the security measures that the Company may use to prevent or restrict access to the Website, including features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content located on it; or
- (n) using the Website for any unlawful purpose or in any way that is prohibited by this agreement or that exposes the Company to civil or criminal liability, including solicitating or promoting prostitution or sex trafficking.
- 6.2 Monitoring and Enforcement; Termination
- (a) The Company may:
- (i) Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
- (ii) Take any action with respect to any User Contribution that the Company considers necessary or appropriate in its sole discretion, including if the Company believes that that User Contribution violates this agreement, including the Content Standards set out in section 6.3, infringes any intellectual-property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company;
- (iii) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual-property rights or their right to privacy;
- (iv) Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website; or
- (v) Terminate or suspend your access to all or part of the Website for any reason, including any violation of this agreement.
- (b) The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or other information of anyone posting any materials on or through the Website. You waive and hold harmless the Company and the Company's affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either those parties or law enforcement authorities.
- Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. The Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
- 6.3 Content Standards. These content standards apply to all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. User Contributions must not:
- (a) Contain any material that is defamatory, libelous, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- (b) Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- (c) Infringe any copyright, patent, trademark, trade secret, or other intellectual property rights of any person;
- (d) Contain viruses, worms, or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;
- (f) Be likely to deceive any person;
- (g) Promote or solicit any illegal activity, or advocate, promote, or assist any unlawful act, including promoting or facilitating prostitution of another person, sex trafficking, or human trafficking;
- (h) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
- (i) Cause any chatroom screen to "scroll" faster than others are able to type to it or any action to a similar disruptive effect;
- (j) Disrupt the normal flow of dialogue in a chatroom or otherwise act in a manner that negatively affects other participants;
- (k) Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
- (l) Involve commercial activities or sales, including contests, sweepstakes, and other sales promotions, barter, or advertising, including soliciting broadcasters for commercial ventures;
- (m) Give the impression that they emanate from or are endorsed by the Company or any other person, if this is not the case;
- (n) Depict private or personal information of any person;
- (o) Request personal information from or share personal information with any broadcaster or other user, including financial information, email address, telephone number, or mailing address;
- (p) Request money from, or otherwise defraud broadcasters or other users of the Website; or
- (q) Discuss pedophilia, the exploitation of children, age-play, rape, or incest.
- (a) Applicability. Whether or not you are a user of the Website, you can use this policy to alert us to any complaint that you have relating to the Website.
- (b) How to Make a Complaint. If you have a complaint about the Website (including any complaint about content appearing on the Website or the conduct of a user), please send your complaint to firstname.lastname@example.org including your name, address, contact details, a description of your complaint, and, if your complaint relates to content, the URL for the content to which your complaint relates. If you cannot contact us by email, please write to us at the mailing address identified in section 7
- (c) Complaints of Illegal or Non-Consensual Content. After receiving your complaint of illegal or non-consensual content under section 2, (1) we will take those steps as we consider to be appropriate to investigate your complaint within a timeframe that is appropriate to the nature of your complaint; (2) if we require further information or documents from you, we will contact you to let you know; (3) we will in good faith investigate your complaint within seven business days; (4) if we are satisfied that the content is unlawful or non-consensual, we will immediately remove that content, and we will notify you of our decision by email or other electronic message; and (5) if we are satisfied that the content is not unlawful or non-consensual, we will notify you of our decision by email or other electronic message. Any dispute regarding our determination that content is non-consensual will be submitted by us to a neutral arbitration association at our expense.
- (d) Complaints of Copyright Infringement. Complaints related to copyright infringement must be submitted to our copyright agent in accordance with our Copyright Policy, and we will respond to copyright infringement complaints as set out in that policy.
- (e) All Other Complaints. After receiving any other complaint (including complaints related to other breaches of the Terms-of-Service Agreement or the Broadcasting Agreement) under section 2, (1) we will take those steps as we consider to be appropriate to investigate your complaint within a timeframe that is appropriate to the nature of your complaint; (2) if we require further information or documents from you, we will contact you to let you know; and (3) we will in good faith take those actions as we consider appropriate to deal with the issue that your complaint has raised. If you have complained about the content that appears on the Website and we are satisfied that the content otherwise breaches the Terms-of-Service Agreement or the Broadcasting Agreement, we will act promptly to remove that content. We are not required to inform you of the outcome of your complaint.
- (f) Unjustified or Abusive Complaints. If you are a user of the Website, you state that you will not make any complaint under this policy that is wholly unjustified, abusive, or made in bad faith. If we determine that you have breached this warranty, we may suspend or terminate your user account.
- (g) Contact Information. The Website is owned and operated by VS Media, Inc., a California corporation. You can write to us at 4607 Lakeview Canyon Road #338 Westlake Village, CA 91361 or at email@example.com. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out in it.
- 14.1 In General. The Website allows you to purchase access to certain features, content, products, or services in exchange for a one-time or recurring fee, as applicable to the relevant features, content, products, or services. The paid services may allow you to purchase products, content, and services including purchasing credits to access certain webcam chat features, tip broadcasters, and communicate with broadcasters by phone, text, or email.
- 14.2 Payment. The Company accepts payment via the payment methods identified on the Website before checkout. Unless the Website indicates otherwise, you must have a valid accepted form of payment on file to purchase paid services or participate in free trial offers or other free offers related to the paid services. You must abide by any relevant terms of service or other legal agreement, whether with the Company or a third party, that governs your use of a given payment method. Prices for any paid service may change at any time, and the Company does not provide price protection or refunds in the event of a price reduction or promotional offering. You must prepay for any paid service that you order, except that the Company may allow some users to pay for performances after the performance instead of before ("Play and Pay Users"). The Company or the applicable third-party payment processor will charge your credit card or other form of payment for the price listed for the applicable paid service, along with any additional amounts relating to applicable taxes, bank fees, and currency fluctuations.
- 14.3 Recurring Billing. If you purchase an automatically renewing subscription, you authorize the Company or the applicable third-party payment processor to charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and the Company (or applicable third-party payment processor) is unable to charge you on the next billing period, the Company may immediately revoke your access to any paid service you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, the Company may cancel your subscription.
- 14.4 Taxes. If the Company is required to collect or pay any taxes in connection with your purchase of a paid service, those taxes will be charged to you at the time of each purchase transaction. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use of a paid service. These taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.
- 14.5 Company Refund Policy. The Company may approve a refund on request if appropriate circumstances exist. The provision of a refund in one instance does not entitle you to a refund in the future; nor does it obligate the Company to provide refunds in the future, under any circumstance. You acknowledge that if you voluntarily close your account before using all your credits, you will not receive a refund for your unused credits. You must reach out to customer service directly via email to formally request a refund at: firstname.lastname@example.org
- 14.6 Subscription Cancellations. If you purchase a subscription to a paid service that automatically renews, you may cancel the subscription any time before the end of the current billing period and the cancellation will take effect on the next billing period. You will have access to the paid service from the time you cancel until the start of the next billing period; you will not receive a refund or credit for any remaining days in your current billing period. You can change the automatic renewal settings or cancel your subscription at any time on your "My Account" page on the Website.
- 14.7 Billing Disputes. If you believe that the Company has charged you in error or that there is potential fraud on your account, you must notify the Company in writing. If you fail to notify the Company in writing of a dispute, you waive any disputed charges. You must submit any billing disputes by email to email@example.com and include a detailed statement describing the nature and amount of the disputed charges. Upon review of this claim, the Company will advise in writing on its decision to issue a refund. Furthermore, your user account shall be closed and any associated payment accounts shall be blocked to prevent future transactions.
- 14.8 Credit Forfeiture.The Company may expire unused credits after six months. If you delete your account or if your account is terminated by the Company for breach of this agreement, you will lose any accumulated credits. If you receive free or promotional credits, the Company may expire them at any time. Credits are not redeemable for any sum of money or monetary value from the Company unless the Company states otherwise in writing.
- 16.1 You acknowledge that the Company cannot and does not state that files available for downloading from the Internet or the Website will be free from loss, corruption, attack, viruses or other destructive code, interference, hacking, or other security intrusions. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for keeping a means external to the Website for any reconstruction of any lost data. The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on the Website, or on any website linked to the it.
- 16.2 Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. The Company provides the Website, its content, and any services or items obtained through the Website "as is," "with all faults," and "as available," without making any warranty, either express or implied. The Company is not making any warranty (1) that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that the Website or the server that makes it available are free of viruses or other harmful components; or (4) that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
- 16.3 The Company is not making any warranty, whether express, implied, statutory, or otherwise, including warranty of merchantability, title, noninfringement, privacy, security, and fitness for a particular purpose. No advice or information, whether oral or written, obtained from the Company, the Website, or elsewhere will create any warranty not expressly stated in this agreement.
- 17.1 The Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any of the following:
- (a) Errors, mistakes, or inaccuracies of content;
- (b) Personal injury or property damage resulting from your access to and use of the Website or its content;
- (c) Content (including User Contributions) or conduct that is infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libelous, abusive, invasive of privacy, or illegal;
- (d) Unauthorized access to or use of the Company's servers and any personal or financial information stored in them, including unauthorized access or changes to your account, submissions, transmissions, or data;
- (e) Interruption or cessation of transmission to or from the Website;
- (f) Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Website by any person or that might infect your computer or affect your access to or use of the Website, your other services, hardware, or software;
- (g) >Incompatibility between the Website and your other services, hardware, or software;
- (h) Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with the Website; or
- (i) Loss or damage incurred because of the use of any content posted, emailed, sent, or otherwise made available through the Website.
- 18.1 Unless caused by gross negligence or intentional misconduct, the Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages arising out of or relating to your access or your inability to access the Website or the content. This exclusion applies regardless of theory of liability and even if you told the Company about the possibility of these damages or the Company knew or should have known about the possibility of these damages.
- 18.2 The Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Website or the content. This exclusion applies regardless of theory of liability and even if you told the Company about the possibility of these damages or the Company knew or should have known about the possibility of these damages.
- 18.3 If you are dissatisfied with the Website or have any other complaint, your exclusive remedy is to stop using the Website. The maximum liability of the Company and its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers to you for any claim will not exceed the greater of $500 and the amount you have paid to the Company for the applicable purchase out of which liability arose even if the remedy fails of its essential purpose.
- A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
- You hereby waive all rights under section 1542 and under any other federal or state statutes or laws of similar effect.
- 21.1 In General. You will pay the Company, its directors, officers, employees, agents, contractors, subsidiaries, affiliates, licensors, content providers, and service providers (the "Indemnified Parties") for any loss of the Indemnified Parties' that is caused by any of the following: (a) your access of, or conduct on, the Website; (b) your conduct off the Website; (c) your breach of this agreement; (d) your violation of rights of any person, including intellectual property, publicity, and privacy rights; (e) your violation of any applicable law; (f) your tortious acts or omissions; or (g) your criminal acts or omissions. But you are not required to pay if the loss was caused by the Indemnified Party's intentional misconduct.
- 21.2 Definitions
- (a) "Loss" means an amount that the Indemnified Party is legally responsible for or pays in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages.
- (b) A loss is "caused by" an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
- 22.1 If you reside outside the EU, California law-without giving effect to any conflicts of law principles-governs all matters arising out of or relating to the Website or this agreement. If you reside inside the EU, Czech Republic law - without giving effect to any conflicts of law principles - governs all matters arising out of or relating to the Website or this agreement. The predominant purpose of this agreement is providing services and licensing access to intellectual property and not a "sale of goods." This agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
- 22.2 If you reside outside the EU, all disputes arising out of or relating to the Website or this agreement that are not subject to arbitration under section 23.1(a) will be subject to the exclusive jurisdiction and venue of the United States District Court for the Central District of California or any state court in Los Angeles County, California, and each party hereby submits to the personal jurisdiction of those courts. If you reside inside the EU, all disputes arising out of or relating to the Website or this agreement that are not subject to arbitration under section 23.1(b) will be subject to the exclusive jurisdiction and venue of the courts of competent jurisdiction located in Prague, Czech Republic, and each party hereby submits to the personal jurisdiction of those courts. Each party hereby waives any right to seek another forum or venue because of improper or inconvenient forum.
- 23.1 Arbitration. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how the Company has handled any complaint, you may want to contact the alternative dispute resolution provider the Company uses.
- (a) Non-EU Users. If you are located outside the European Economic Area (EEA), all claims and disputes arising under or relating to this agreement are to be settled by binding arbitration with Arbitration Resolution Services, Inc. (ARS). The parties will abide by all rules of ARS as found in their website at www.arbresolutions.com. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, enforceability, or formation of this agreement, including any claim that all or any part of this agreement is void or voidable. The arbitration will be conducted in the English language. Each party will be responsible for paying any filing, administrative, and arbitrator fees associated with the arbitration. The arbitrator may grant whatever relief that would be available in a court at law or in equity, except that the arbitrator must not award punitive or exemplary damages, or damages otherwise limited or excluded in this agreement. The arbitrator's award will include costs of arbitration, reasonable legal fees, and reasonable costs for expert and other witnesses. If a party fails to pay any award, the award may be converted to judgment in a court of competent jurisdiction. Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under this agreement without the advance written consent of both parties.
- (b) EU Users. If you are located inside the EEA, you can submit a complaint to Česká obchodní inspekce via its website at www.coi.cz. Česká obchodní inspekce will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes also may be submitted for online resolution to the European Commission Online Dispute Resolution platform (ec.europa.eu/consumers/odr).
- 24.1 Entire Agreement. This agreement constitutes the entire agreement between you and the Company about your access to the Website. It supersedes all earlier or contemporaneous agreements between you and the Company about access to the Website. A printed version of this agreement will be admissible in any proceedings arising out of (or relating to) this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and kept in printed form. Any additional terms on the Website will govern the items to which they pertain.
- 24.2 Changes. The Company may change this agreement on one or more occasions. The Company will try to post changes on the Website at least 15 days before they become effective. Changes will become effective on the "last updated" date stated at the top of this page. Changes will not apply to continuing disputes or to disputes arising out of (or relating to) events happening before the posted changes. While the Company will try to notify you when the Company changes this agreement, the Company does not assume an obligation to do so, and it is your responsibility to frequently check this page to review the most current agreement. By continuing to use the Website after the Company posts changes to this agreement, you agree to the revised agreement. If you do not agree to the revised agreement, your exclusive remedy is to stop accessing the Website. If you need more information about the changes or have any other questions or comments about the changes, please contact the Company at firstname.lastname@example.org.
- 24.3 Assignment and Delegation. The Company may assign its rights or delegate any performance under this agreement without your consent. You will not assign your rights or delegate your performance under this agreement without the Company's advanced written consent. Any attempted assignment of rights or delegation of performance in breach of this section 24.3 is void.
- 24.4 No Waivers. The parties may waive a provision in this agreement only by a writing signed by the party or parties against whom the waiver is sought to be enforced. No failure or delay in exercising any right or remedy, or in requiring the satisfaction of any condition, under this agreement, and no act, omission, or course of dealing between the parties, operates as a waiver or estoppel of any right, remedy, or condition. A waiver made in writing on one occasion is effective only in that instance and only for the purpose stated. A waiver once given is not to be construed as a waiver on any future occasion or against any other person.
- 24.5 Severability. The parties intend as follows:
- (a) that if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded;
- (b) that if modifying or disregarding the unenforceable provision would result in failure of an essential purpose of this agreement, the entire agreement will be held unenforceable;
- (c) that if an unenforceable provision is modified or disregarded in accordance with this section 24.5, then the rest of the agreement will remain in effect as written; and
- (d) that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
- (a) Sending Notice to the Company. You may send notice to the Company by email at email@example.com unless a specific email address is set out for giving notice. The Company will consider an email notice received by the Company only when its server sends a return message to you acknowledging receipt. The Company may change its contact information on one or more occasions by posting the change on the Website. Please check the Website for the most current information for sending notice to the Company.
- (b) Sending Notice to You - Electronic Notice. You consent to receiving any notice from the Company in electronic form either (1) by email to the last known email address the Company has for you or (2) by posting the notice on a place on the Website chosen for this purpose. The Company will consider notices sent to you by email received when its email service shows transmission to your email address. You state that any email address you gave the Company for contacting you is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email you receive.
- VS Media Inc.
4607 Lakeview Canyon Rd. #338
Westlake Village, California 91361
- Users who wish to gain access to the password-restricted area of the Website must register. The Company does not charge consumers for registering, but the Company charges for various paid services and products. You may contact the Company at firstname.lastname@example.org to resolve any disputes or to receive further information about the Website.