Updated: May 29, 2020
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 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 fully cooperates with any law-enforcement
agency investigating child pornography.
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.
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).
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.
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.
If you have any questions about this agreement or any questions
or comments about the Website, please contact us.
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:
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
All information you provided to the Company is accurate, and you
will promptly update this information when necessary to make sure that it
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;
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;
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;
You are voluntarily requesting adult-oriented materials for your
own private enjoyment;
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
You will not share these materials with a minor or
otherwise make them available to a minor; and
By accessing the Website, you will have released and discharged
the providers, owners, and creators of the Website from all liability that
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
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.
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
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.
Use of Other Accounts. You must not use anyone else’s
account at any time.
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.
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
opting out of marketing communications.
Intellectual Property Rights
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.
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:
Your computer may temporarily store copies of those Materials in
RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web
browser for display enhancement purposes.
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.
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.
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.
If the Company provides social media features with certain
content, you may take those actions as are enabled by those features.
You must not:
Download any Materials unless allowed by the Website.
Modify copies of any Materials from this Website.
Use any illustrations, photographs, video or audio sequences, or
any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary
rights notices from copies of Materials from this Website.
You must not access or use for any commercial purposes any part
of the Website or any services or Materials available through the Website.
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.
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
You must use the Website only for lawful purposes and in
accordance with this agreement. You must not use the Website:
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).
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.
To send, knowingly receive, upload, download, use, or re-use any
material which does not comply with the Content Standards stated in this
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.
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).
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
Additionally, you must not:
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
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.
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
Use any device, software, or routine that interferes with the
proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs, or
other material which is malicious or technologically harmful.
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.
Attack the Website via a denial-of-service attack or a
distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the
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.
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.
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
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.
Representations and Warranties. You state that:
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;
your User Contributions do not depict any person under 18-years
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;
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
your User Contributions comply with the Content Standards in
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.
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.
Monitoring and Enforcement; Termination
The Company may:
Remove or refuse to post any User Contributions for any or no
reason in the Company’s sole discretion;
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;
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;
Take appropriate legal action, including referral to law
enforcement, for any illegal or unauthorized use of the Website; or
Terminate or suspend your access to all or part of the Website
for any reason, including any violation of this agreement.
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.
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.
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:
Contain any material that is defamatory, libelous, obscene,
indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or
Promote violence or discrimination based on race, sex, religion,
nationality, disability, sexual orientation, or age.
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;
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);
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
Infringe any patent, trademark, trade secret, copyright or other
intellectual property or other rights of any other person.
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
Be watermarked with another website’s or entity’s name or URL;
Be taken from adult magazines, professional porn movies, or pay
sites (not even their free samples);
Be likely to deceive any person.
Depict private or personal information of any person.
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.
Cause annoyance, inconvenience, or needless anxiety or be likely
to upset, embarrass, alarm, or annoy any other person.
Impersonate any person or misrepresent your identity or
affiliation with any person or organization.
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.
Give the impression that they emanate from or are endorsed by the
Company or any other person, if this is not the case.
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.
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.
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.
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.
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
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
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.
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.
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.
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.
Limit on Liability; Release
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:
Errors, mistakes, or inaccuracies of
Personal injury or property damage
resulting from your access to and use of the Website or its content;
Content (including User Contributions) or
conduct that is infringing, inaccurate, obscene, indecent, offensive, threatening,
harassing, defamatory, libelous, abusive, invasive of privacy, or illegal;
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
Interruption or cessation of transmission
to or from the Website;
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;
Incompatibility between the Website and
your other services, hardware, or software;
Delays or failures you might experience
in starting, conducting, or completing any transmissions to or transactions
with the Website; or
Loss or damage incurred because of the
use of any content posted, emailed, sent, or otherwise made available through
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.
Exclusion of Damages; Exclusive Remedy
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
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
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.
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.
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.
“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.
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.
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
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.
No Exclusivity. The Indemnified Parties’ rights under this
section 20 do not affect other rights they might have.
Governing Law; Place for Resolving Disputes
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.
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.
Alternative Dispute Resolution
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.
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
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.
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.
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.
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.
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
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.
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.
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.
Severability. If any part of this agreement is
declared unenforceable or invalid, the remainder will continue to be valid and
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
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.
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.
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.
Binding Effect. This agreement benefits and binds the
parties and their respective heirs, successors, and permitted assigns.
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.
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.
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.
Complaints—California Residents Only. You may
contact in writing the Complaint Assistance Unit of the Division of Consumer
Services of the Department of Consumer Affairs at 1020 North Street, #501,
Sacramento, California 95814, or by telephone at +1 (916) 445-1254.
Feedback. The Company encourages you to provide feedback
about the Website. But the Company will not treat as confidential any
suggestion or idea provided by you, and nothing in this agreement will restrict
its right to use, profit from, disclose, publish, or otherwise exploit any
feedback, without payment to you.
Survival. On termination of this agreement, any provision
which, by its nature or express terms should survive, will survive the
termination of this agreement.
Your Comments and Concerns. All notices of copyright
infringement claims should be sent to the copyright agent designated in the Copyright Policy in
the manner and by the means stated in it. All other feedback, comments,
requests for technical support, and other communications relating to the
Website should be directed to the contact us page.