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Terms and rules
Virtamate.com
Terms-of-Use Agreement
Last Updated: May 29, 2020
Mesh VR, LLC, an Indiana limited liability company (the “Company”), welcomes you to VirtAMate.com (the “Website”). 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-use 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. Your access to the Website is on the condition that you agree to this agreement. Please pay special attention to the following: (1) disclaimer of warranties (section 16); (2) limit on liability and exclusion of damages (sections 17 and 18); (3) place for resolving disputes (section 21.2); (4) mandatory arbitration (section 22.1); (5) class action waiver (section 22.5); and (6) limitation on time to file disputes (section 22.6).
Section 230(d) Notice: 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.
Age Restriction: 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. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products, which the Company provides for informational purposes only and does not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
Notice of Explicit Content: The Website contains content that you may find offensive, indecent, or objectionable, including situations of a sexual nature. This content may or may not be identified as having attributes that you may find offensive. You acknowledge that you use the Website at your own risk, and the Company has no liability to you for any content you view. Users provide content categories, tags, types, genres, and descriptions, and the Company does not guarantee their accuracy.
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 report this to the Company promptly at abuse@virtamate.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.
1. Introduction
1.1 The Website allows users to view, discuss, upload, and share pornographic content, including sexually explicit images and videos. To use many of the features, you must register with the Website through the Website’s online registration process.
1.2 This agreement applies to all users of the Website, whether you are a “visitor” or a “registered user.” By clicking on the “I Agree” button on the warning page, checking the appropriate box during sign up, submitting content, 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 terminate 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. The Company does not monitor the content of the Website, but if the Company does see, or someone tells the Company that you have posted, something that the Company finds inappropriate, the Company will remove it. 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 will take effect on the “last updated” date stated on the top of this page. Changes will not operate retroactively. The Company will try to notify you when it changes this agreement if it can do so in a reasonable manner. 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 contact us.
2. Adult-Oriented Content and Affirmative Representations. The Website contains uncensored sexually explicit material unsuitable for minors. Only adults (1) who are at least 18-years old, (2) who have reached the age of majority where they live, and (3) who have the legal right to access adult-oriented content, may access the Website. If you do not meet these 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 (1) are at least 18-years old, (2) have reached the age of majority where you live, and (3) have the legal capacity to enter into this agreement;
2.2 All information you provided to the Company is accurate, and you will promptly update this information when necessary to make sure that it remains accurate;
2.3 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 sexually oriented nature, which may include graphic visual depictions and descriptions of nudity and sexual activity;
2.4 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;
2.5 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 legal right to transmit them to you;
2.6 You are voluntarily requesting adult-oriented materials for your own private enjoyment;
2.7 You are not accessing the Website from a place, country, or location in which doing so would, or could be considered a violation of any law;
2.8 You will not share these materials with a minor or otherwise make them available to a minor; and
2.9 By accessing the Website, you will have released and discharged the providers, owners, and creators of the Website from all liability that might arise.
3. 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. Registration
4.1 Account Creation. To access some of the Website’s features, you must complete the registration process by providing the Company with accurate information as prompted by the registration form. You must also choose a password and a username.
4.2 Responsibility for Account. You are responsible for maintaining the confidentiality of your password and account. Further, you are responsible for all activities that occur under your account. You will promptly notify the Company of any unauthorized use of your account or any other breach of security.
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.
4.6 Communication Preferences. By registering for an account, you consent to receive electronic communications from the Company relating to your account. These communications may involve sending emails to your email address provided during registration or posting communications on the Website and will include notices about your account and are part of your relationship with the Company. You acknowledge that any notices, agreements, disclosures, or other communications that the Company sends to you electronically will satisfy any legal communication requirements, including that these communications be in writing. The Company recommends that you keep copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receive certain other communications from the Company, including newsletters about new features and content, special offers, promotional announcements, and customer surveys via email or other methods. You acknowledge that communications you receive from the Company may contain sexually explicit material unsuitable for minors. If you no longer want to receive certain non-transactional communications, please review the Privacy Policy regarding opting out of marketing communications.
5. Intellectual Property Rights
5.1 Ownership. The Company owns and operates the Website. Unless otherwise indicated, all content, information, and other materials on the Website (excluding User Contributions, set out in section 7 below), including the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement of them (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials contained on the Website are the property of the Company or its subsidiaries or affiliated companies or third-party licensors.
5.2 License Grant. This agreement grants you a nonexclusive, nonsublicensable, nontransferable, limited license to use the Website and the Materials 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 Materials 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 stream any Materials that 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) You must not:
(i) Download any Materials unless allowed by the Website.
(ii) Modify copies of any Materials from this Website.
(iii) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
(iv) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Materials from this Website.
(b) You must not access or use for any commercial purposes any part of the Website or any services or Materials available through the Website.
(c) If you print, copy, modify, download, stream, 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 the Company reserves all rights not expressly granted. 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 and logo; the term VIRT-A-MATE HUB; the Website logo; and all related names, logos, product and service names, designs, and slogans, as well as the Website’s look and feel, including all page headers, custom graphics, button icons, and scripts are trademarks or trade dress 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.
6. Prohibited Uses
6.1 You must use the Website only for lawful purposes and in accordance with this agreement. You must not use the Website:
(a) In any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from the US or other countries).
(b) To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
(c) To send, knowingly receive, upload, download, use, or re-use any material which does not comply with the Content Standards stated in this agreement.
(d) To transmit, or procure the sending of, any advertising or promotional material without the Company’s prior written consent, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation.
(e) To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including by using email addresses or user names associated with any of the previous).
(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by the Company, may harm the Company or users of the Website or expose them to liability.
6.2 Additionally, you must not:
(a) Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
(b) Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
(c) Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without the Company’s prior written consent.
(d) Use any device, software, or routine that interferes with the proper working of the Website.
(e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
(g) Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
(h) Otherwise attempt to interfere with the proper working of the Website.
7. User Contributions
7.1 In General. The Website contains message boards, profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (“post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards stated in section 9. Any User Contribution you post to the Website will be considered nonconfidential and nonproprietary.
7.2 Ownership of User Contributions. You keep all ownership rights in your User Contributions. You acknowledge that the Company has no control over what other users may do with copies of your User Contributions if you remove your User Contributions from the Website.
7.3 License to the Company. By posting any User Contribution on the Website, you hereby grant the Company and its affiliates and service providers, and each of their and the Company’s respective licensees, successors, and assigns, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, sublicensable, transferable, nonexclusive, royalty-free license to (i) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display those User Contributions in connection with the Website (including for promoting and redistributing all or part of the Website (and derivative works of them)) in any form, format, media, or media channels now known or later developed or discovered; and (ii) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with those User Contributions. If those User Contributions contain the name, identity, likeness, and voice (or other biographical information) of third parties, you state that you have obtained the appropriate consents and licenses for your use of those features and that the Company and its affiliates and service providers, and each of their and the Company’s respective licensees, successors, and assigns are allowed to use them to the extent indicated in this agreement. The rights granted by you under this section 7.3 terminate once you delete those User Contributions from the Website or generally by closing your account, except for the reasonable time it takes to remove from backup and other systems.
7.4 Moral Rights Waiver. You hereby waive all moral rights in your User Contributions that may be available to you in any part of the world, and you state that no moral rights have been asserted.
7.5 Representations and Warranties. You state that:
(a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to the Company and its affiliates and service providers, and each of their and the Company’s respective licensees, successors, and assigns;
(b) your User Contributions do not depict any person under 18-years old;
(c) you have inspected and are keeping written documentation sufficient to confirm that all subjects of your User Contribution are in fact 18-years old or older as required by 18 U.S.C. §§ 2257–2257A and the regulations codified at 28 C.F.R. Part 75;
(d) you have a signed written consent or release for each identifiable person in the User Contribution to use their name or likeness to allow inclusion and use of the User Contribution in the way contemplated by the Website and this agreement; and
(e) your User Contributions comply with the Content Standards in section 9.
7.6 Content is Uploaded at Your Own Risk. You acknowledge that you are solely responsible for any User Contributions you post, and you, not the Company, have full responsibility for that content, including its legality, reliability, accuracy, and appropriateness. The Company is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user. The Company does not guarantee that any unauthorized copying, use, or distribution of User Contributions by third parties will not take place. To the furthest extent permitted by applicable law, the Company will not be liable for any unauthorized copying, use, or distribution of User Contributions by third parties, and you hereby release and forever waive any claims you may have against the Company for any such unauthorized copying or usage of the User Contributions, under any theory.
7.7 Obligations Under 18 U.S.C. § 2257. You should be aware that, under United States federal law, any visual depictions that you post, share, or perform on or through the Website that portrays “actual sexually explicit conduct,” “depictions of the genitals or pubic area,” or “simulated sexually explicit activity,” as those terms are defined in 18 U.S.C. §§ 2256(2)(A)(i)–(iv) and 2257A, require that you maintain the records listed under 18 U.S.C. § 2257, and any such postings must contain an “18 U.S.C. § 2257 Record-Keeping Requirements Compliance Statement.” Your failure to comply with the provisions of 18 U.S.C. § 2257 may make you subject to criminal and civil prosecution for the violation of federal law.
8. Monitoring and Enforcement; Termination
8.1 The Company may:
(a) Remove or refuse to post any User Contributions for any or no reason in the Company’s sole discretion;
(b) 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 User Contribution violates this agreement, including the Content Standards stated in section 9, 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;
(c) Disclose your identity or other information about you to the extent required by law to any third party who claims that material posted by you violates their rights, including their intellectual-property rights or their right to privacy;
(d) Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website; or
(e) Terminate or suspend your access to all or part of the Website for any reason, including any violation of this agreement.
8.2 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.
8.3 The Company does not undertake to review material before it is posted on the 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 8.
9. 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:
9.1 Contain any material that is defamatory, libelous, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
9.2 Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
9.3 Depict or portray incest, rape or nonconsensual sex, extreme violence, torture, nonconsensual pain, blood, cutting, erotic asphyxiation, torture, necrophilia, genital mutilation, bestiality, urination, defecation, enema play, vomiting, or menstrual bleeding;
9.4 Constitute child pornography or involve depictions of nudity or sexuality by an age-inappropriate-looking model (i.e., a model who looks younger than 18-years old, regardless of their actual age, including a model who is portrayed or otherwise made to appear as a person under 18-years old by the script, make-up, demeanor, costuming, settings, or props);
9.5 Constitute involuntary or revenge pornography (that is photographs, videos, or digital images of a person in a state of nudity or engaged in any act of sexual conduct, taken or posted without that person’s permission);
9.6 Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
9.7 Violate the legal rights (including the rights of publicity and privacy) of any person or contain any material that could give rise to any civil or criminal liability under governing laws or otherwise may be in conflict with this agreement or the Privacy Policy.
9.8 Be watermarked with another website’s or entity’s name or URL;
9.9 Be taken from adult magazines, professional porn movies, or pay sites (not even their free samples);
9.10 Be likely to deceive any person.
9.11 Depict private or personal information of any person.
9.12 Promote or solicit any illegal activity, or advocate, promote, or assist any unlawful act, including promoting or facilitating the prostitution of another person, sex trafficking, or human trafficking.
9.13 Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
9.14 Impersonate any person or misrepresent your identity or affiliation with any person or organization.
9.15 Except as designated in Paid or Timed Exclusive sections of the Website, Involve commercial activities or sales, including non-sanctioned contests, sweepstakes, and other sales promotions, barter, or advertising.
9.16 Give the impression that they emanate from or are endorsed by the Company or any other person, if this is not the case.
9.17 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.
10. Copyright Infringement. If you believe that any User Contribution violates your copyright, please see the Copyright Policy for instructions on sending the Company a notice of copyright infringement. It is the Company’s policy to terminate the user accounts of repeat infringers.
11. Third-Party Content and Conduct. The Website includes content provided by third parties, including materials provided by other users, third-party licensors, syndicators, or aggregators (“third-party materials”). The Company does not prescreen or preemptively monitor third-party materials. The Website is a distributor and not a publisher of content supplied by third parties. All statements or opinions expressed in any third-party materials are solely the opinions and the responsibility of the persons providing those third-party materials. Third-party materials do not reflect the Company’s opinion. The Company does not control what people do or say, and the Company is not responsible for their (or your) conduct (whether online or offline) or content (including unlawful or objectionable content). The Company will not be liable to you or any other person for the content or accuracy of any third-party materials. You acknowledge that you may be exposed to third-party materials that are inaccurate, offensive, indecent, obscene, or otherwise objectionable, and you hereby waive any legal or equitable rights or remedies you have or may have against the Company with respect to these third-party materials.
12. Changes to the Website. The Company may update the Website’s content from time to time, but its content is not necessarily complete or up to date. Any of the Website’s material may be out of date at any given time, and the Company is not required to update that material.
13. Information About You and Your Visits to the Website. For information about how the Company collects, uses, and shares your personal data, please review the Privacy Policy.
14. Links from the Website. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. The Company has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms of use for those websites.
15. Access Outside of the United States. The owner of the Website is based in the state of Indiana in the United States of America. The Company is not making any statement that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website might not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for complying with all local laws.
16. Warranty Disclaimers
16.1 You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining 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 may 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 it, or on any website linked to 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. Limit on Liability; Release
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, 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.
17.2 You release the Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers from all liability arising out of User Contributions or the conduct of other users or third parties, including disputes between you and one or more other users or third parties.
18. Exclusion of Damages; Exclusive Remedy
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 the 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 the 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 $250 even if the remedy fails of its essential purpose.
19. Scope of Disclaimers, Exclusions, and Limits. The disclaimers, exclusions, and limits stated in sections 16, 17, and 18 apply to the greatest extent allowed by law, but no more. The Company does not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limits will not apply to you.
20. Indemnification
20.1 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 an Indemnified Party that is caused by any of the following: (a) your access of or conduct on the Website, including your User Contributions; (b) your breach of this agreement; (c) your violation of rights of any person, including intellectual property, publicity, and privacy rights; (d) your violation of any applicable law; (e) your tortious acts or omissions; or (f) your criminal acts or omissions. But you are not required to pay if the loss was caused by the Indemnified Party’s actual intentional misconduct.
20.2 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.
20.3 Indemnified Party’s Duty to Notify. The Indemnified Party will notify you before the 30th day after the Indemnified Party knows or should reasonably have known of a claim for a loss that you might be compelled to pay. But the Indemnified Party’s failure to timely notify you does not end your obligation, except if that failure prejudices your ability to defend or mitigate losses.
20.4 Legal Defense of a Claim. The Indemnified Party has control over defending a claim for a loss (including settling it) unless the Indemnified Party directs you to control the defense. If the Indemnified Party directs you to control the defense, you will not settle any litigation without the Indemnified Party’s written consent if the settlement (1) imposes a penalty or limitation on the Indemnified Party, (2) admits the Indemnified Party’s fault, or (3) does not fully release the Indemnified Party from liability. You and the Indemnified Party will cooperate with each other in good faith on a claim.
20.5 No Exclusivity. The Indemnified Parties’ rights under this section 20 do not affect other rights they might have.
21. Governing Law; Place for Resolving Disputes
21.1 Indiana law governs all matters arising out of or relating to the Website or this agreement without giving effect to any conflicts of law principles. 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.
21.2 Except for disputes subject to arbitration, all disputes arising out of or relating to the Website or this agreement will be subject to the exclusive jurisdiction and venue of the United States District Court for the Southern District of Indiana or any state court in Marion County, Indiana. Each party submits to the personal jurisdiction of the United States District Court for the Southern District of Indiana and the state courts in Marion County, Indiana to resolve all disputes not subject to arbitration. Each party waives any right to seek another forum or venue because of improper or inconvenient forum.
22. Alternative Dispute Resolution
22.1 Arbitration. As the exclusive means of initiating adversarial proceedings to resolve any dispute arising out of or relating to the Website or this agreement, a party may demand that any such dispute be resolved by arbitration administered by the Arbitration Resolution Services, Inc. (ARS) (or a similar online dispute resolution provider if ARS is not available) in accordance with its rules available at www.arbresolutions.com, and each party hereby consents to any such dispute being so resolved. 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. 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 under section 22.3, and reasonable costs for expert and other witnesses. Judgment on any award rendered in any such arbitration may be entered in any court having 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.
22.2 Injunctive Relief. The parties acknowledge that breach by either party of the obligations under this agreement could cause irreparable harm for which damages would be an inadequate remedy. Nothing in this section 22 will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Website, in each case without posting a bond or other security and without proof of actual money damages in connection with the claim.
22.3 Recovery of Expenses. In any proceedings between the parties arising out of or relating to the Website or this agreement, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses. For purposes of this section 22.3, “prevailing party” means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the prevailing party. If any proceedings are voluntarily dismissed or are dismissed as part of settlement of that dispute, neither party will be the prevailing party in those proceedings.
22.4 Jury Trial Waiver. Each party hereby waives its right to a trial by jury in any proceedings arising out of or relating to the Website or this agreement. Either party may enforce this waiver up to and including the first day of trial.
22.5 Class Action Waiver. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless the Company agrees otherwise, the arbitrator will not consolidate more than one person’s claims. Both parties acknowledge that each party is waiving the right to participate in a class action.
22.6 Limitation on Time to Bring Claims. A party will not bring a claim arising out of or relating to the Website or this agreement more than one year after the cause of action arose. Any claim brought after one year is barred.
23. General
23.1 Entire Agreement. This agreement constitutes the entire agreement between you and the Company about your access to and use of the Website. It supersedes all earlier or contemporaneous agreements between you and the Company about access to and use of the Website. Any additional terms on the Website will govern the items to which they pertain.
23.2 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 ongoing disputes or 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 any 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.
23.3 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 prior written consent. Any attempted assignment of rights or delegation of performance in breach of this section 23.3 is void.
23.4 Waiver. If the Company fails to exercise or enforce any right or provision of this agreement, it will not constitute a waiver of that right or provision. Any waiver of any provision of this agreement will be effective only if in writing and signed by the relevant party.
23.5 Severability. If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
23.6 Notices
(a) Sending Notice to the Company. You may send notice to the Company through the Website unless a specific email address is set out for giving notice. The Company will consider a 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 receive 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.
23.7 Force Majeure. The Company is not responsible for any failure to perform if unforeseen circumstances or causes beyond its reasonable control delays or continues to delay its performance, including (a) acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; (b) war, riot, arson, embargoes, acts of civil or military authority, or terrorism; (c) fiber cuts; (d) strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; (e) failure of the telecommunications or information services infrastructure; and (f) hacking, SPAM, or any failure of a computer, server, network, or software.
23.8 No Third-Party Beneficiaries. This agreement does not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.
23.9 Binding Effect. This agreement benefits and binds the parties and their respective heirs, successors, and permitted assigns.
23.10 Electronic Communications Not Private. The Company does not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to the Company or from the Company as open communications readily accessible to the public. You should not use the Website to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to the Website even if they are intended recipients.
23.11 Electronic Signatures. Any affirmation, assent, or agreement you send through the Website will bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your finger, mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
23.12 Consumer Rights Information—California Residents Only. This section 23.13 applies only to California residents. In compliance with section 1789 of the California Civil Code, please note the following:
Mesh VR, LLC
9445 Indianapolis Boulevard #1053
Highland, Indiana 46322
Users who wish to gain access to the password-restricted area of the Website must register. The Company does not charge consumers for registering. You may contact the Company to resolve any disputes or to receive further information about the Website.