Terms and Conditions of Use, Dark Room VR

DEFINITIONS AND PARTIES INVOLVED

Company is the operator of https://darkroomvr.com/. When first-person pronouns are used in this Agreement (Us, We, Our, Ours, etc.), these provisions are referring to Company and/or to any other website that we may choose to operate in the future. Additionally, when the terms “the Website” or “Website” are used, these terms refer to https://darkroomvr.com/, any predecessor or successor domain or URL, along with any website published by Us, unless a site is specifically exempt from this Agreement.
You, the User – as the User of this Website and/or Services, this Agreement will refer to the User as “You” or through any second-person pronouns, such as “Yours,” etc. Hereinafter, the User of the Website and/or Services shall be referred to in applicable second-person pronouns. You certify that You are over eighteen (18) years of age.
Member vs User. Member is a User, that has submitted online account Registration and paid a fee for subscription to our Services as described herein (hereinafter “Registration”). Thus, for the purposes of this Agreement, all Members are Users, but not all Users are Members. This Agreement applies to all Users whether they are Members or not. You become a User by accessing this Website in any way, therefore You need not become a Member of the Website to make this Agreement apply to You.

AMUSEMENT PURPOSES OF SERVICES

Our Website provides Users solely with an entertainment and recreational services. All entertainment and recreational content depicts consenting models over the age of eighteen (18) that have provided rights to the Website to publish the content. All images are provided for the amusement and entertainment of Our Members and Our Users.
Our Website does not contain any forbidden content including real violence, pedophilia, zoophile, incest, people intoxicated by drugs, people asleep, weapons or anything else prohibited by national law.
Any User accessing Our Website in an effort to engage in or facilitate illegal or tortious activities shall have their account and/or access to the Website and the Services subject to immediate cancellation, and may be reported to the appropriate law enforcement agency.

ELECTRONIC SIGNATURES / ASSENT REQUIRED

Nobody is authorized to access the Website(s) or accepted as a User unless they have signed these Terms. Such signature does not need to be a physical signature, since electronic acceptance of these Terms is permitted by the Electronic Signatures in Global and National Commerce Act (E-Sign Act) and other similar state, national, international and country laws. You manifest Your agreement to this contractual Terms by taking any act demonstrating Your assent thereto. Most likely, You have clicked or will click a button containing the words “I agree”, “Start” or some similar syntax or go through the Registration process. You should understand that this has the same legal effect as You placing Your physical signature on any other legal contract. If You click any link, button, or other device provided to You in any part of Our Website(s)’s interface, then you have legally agreed to all of the terms and conditions of these Terms. Additionally, by using any of Our Website(s)’s features or Services in any manner, You understand and agree that We will consider such use as Your affirmation of Your complete and unconditional acceptance to all of the terms in these Terms.
If You fail to sign this Agreement, You understand that You are an unauthorized user of the Site and Services, despite any payments made or subscriptions sold to You. No act or omission by Us should be interpreted as a waiver of the requirement that You assent to this Agreement. If You fail to do so, You are still bound by the terms of this Agreement by virtue of Your viewing the Site or using any portion of the Site or Our Services. However, if You fail to electronically sign this Agreement, You stipulate to and agree to pay Us one hundred dollars ($100.00) each time You access the Site as liquidated damages for unauthorized access and use, and You agree to pay all of Our costs and expenses, including Attorney’s fees and costs, incurred in collecting this unauthorized access fee from You.

ELIGIBILITY

All Users may access certain limited public areas of the Website. You understand that all We are providing to You is access to Our Services as We provide them from time to time. You need to provide Your own access to the Internet, and any Internet access or other fees that You incur to access Our Website and use Our Services are Your sole responsibility. We are not providing any hardware nor software to You – and You need to purchase or license the necessary hardware and software to access the Website and Services. This Agreement covers all public and non-public areas of the Website.
In order to be able to use our Services and access our Website You warrant and represent that you:
1. are at least eighteen (18) years of age, unless the age of majority in your jurisdiction is greater than eighteen (18) years of age, in which case you must be at least the age of majority in your relevant jurisdiction;
2. are using the Website solely for personal, non-commercial purposes. You agree not to share the content and materials of the Website with any other person or entity, including, without limitation, by placing content and materials on file sharing services, broadcasting content and materials, distributing content and materials, and making any commercial use of the content and materials. You agree that none of the foregoing shall be considered "fair use." Sharing or distributing any content and materials received from the Website will constitute copyright infringement and we and our affiliates reserve the right to take all legal action against you for the same;
3. you have the legal right to access adult-oriented materials and We has the legal right to transmit such content to you.
4. you are providing us with complete and accurate information. You shall update such information when it changes or when we request it;
5. will not copy or distribute any part of the Website without Our prior written authorization;
6. will not use our Services or will immediately cease using those if any applicable law in your country prohibits or will prohibit you at any time from doing so;
7. will fully comply with these Terms and Conditions as well as Privacy Policy.
YOU INDEMNIFY AND HOLD US HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA OR LOSS OF ASSETS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH INVALIDITY OR BREACH OF ANY OF THE WARRANTIES, REPRESENTATIONS AND COVENANTS OF THIS SECTION AND THE ENTIRE TERMS.
In various provisions in this Agreement, We have outlined liquidated damages amounts to be applied as penalties against You if You violate these specific provisions. You specifically agree to pay these amounts. In agreeing to pay liquidated damages, You acknowledge that this amount is not a penalty, that the actual damages are uncertain and difficult to ascertain, but that this amount represents the parties’ good faith attempt to calculate an appropriate compensation based on anticipated actual damages.
For any breach of a portion of this Agreement that does not specifically state a liquidated damages amount, You hereby agree that any breach of this Agreement shall result in liquidated damages of one hundred dollars ($100) per occurrence. You specifically agree to pay these one hundred dollars ($100) in liquidated damages.

MEMBERSHIP

To receive access to all features and areas of our Website and to all available content as far as the possibility to use the Website to its fullest extent you shall create an account with us (an “Account”). After creation an Account User become a Member.
In connection with completing the Registration, You agree to provide true, accurate, current and complete information about Yourself as prompted by the registration. As part of Registration, You shall provide us with your e-mail address and create a unique password in order to gain access to the non-public portions of the Website.
As a Member of the Website you are granted a username and password that provides access to content. You agree not to share or publish this information to another website or in any way provide access to your username and/or password to any other person or organization other than yourself. Member’s Account connected with shared passwords will be deactivated immediately. This abuse of password and / or user will be reported to our processing enterprises preventing further credit card use.
It is your responsibility to keep your email address on file with the Company up to date so that the Company can communicate with you electronically. You understand and agree that you forfeit the right to plead ignorance if you do not receive an electronic Communication sent to you by the Company, because your email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications.
NOTE: To become a Member and to receive full access to all areas of the Website, you shall pay the Company a Subscription Fee as prescribed in the Website and which may be changed from time to time due to various reasons, including special and limited promotional offers. Changes to the Subscription Fees are effective as of the effective date and will apply prospectively to any Users that will become Members following the effective date of such revised Fees.
Your access to all areas of the Website will be available for such term as described during the payment process for membership. After the expiration of such term (if applicable) you may renew your membership by making a new payment.
Payments for becoming a Member must be made with your valid credit card, debit card, or other method of payment that we may make available from time to time, the information of which may be kept on file by our payment processing contractor. Fees for becoming a Member must be paid in advance of you becoming a Member.
In order to make a payment for becoming a Member you may be asked to enter certain information on our Website to process and authorize your payment, including, without limitation, your name, address, card number, card expiration date, card security number, account numbers, and/or other information. You represent and warrant that (i) you have the legal right to use the form of payment that you use and that (ii) the information that you are providing with that form of payment is true and correct. Please be aware that we do not store your financial information as far as your payment is processed by third party service providers responsible for processing or facilitating any payment. By entering your information during your payment of subscription fee you grant third party service providers a consent to process your information in order to complete the payment. The Website is not responsible for the activities of any third party or the content of any third party website, including a third party’s use of cookies or any other information (such as IP address, browser type or operating system) collected when You make payment. You are responsible for reviewing any terms and conditions of membership on third party sites.
Please be aware that we have a separate policy concerning refunds. Our Refund Policy forms a part of these Terms and may be found on our Website. We encourage you to read the Refund Policy carefully to be aware of your rights and obligations.
You agree not to report as fraudulent, lost or stolen any form of payment which you have used in conjunction with payment to us, for which you do not have a good faith reason to believe is in fact fraudulent, lost or stolen. You agree not to report as unauthorized any charge by us for any goods or services, including subscriptions, for which you do not have a good faith reason to believe is in fact unauthorized. You agree that, and in the absence of good faith, in the event of any such report you shall be liable to us for such charge or obligation plus an additional $100 administrative fee. The liability specified in this paragraph will not limit our rights or any other liability you may have for any other reason, including a breach of any other provision of these Terms.
Members are permitted to create one account only.
Membership may not be transferred or sold to a third party.
You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify the Company immediately of any breach of security or unauthorized use of Your account.
Termination of Your Membership
1. You remain your Membership unless your subscription to our Website and Services are paid and valid.
2. Without limiting other remedies, We may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate Your Member status at any time, with or without advance notice, if:
3. We believe, in Our sole discretion, that You have breached any material term of this Agreement or the document(s) it incorporates by reference;
4. We believe, in Our sole discretion, that Your actions may cause legal liability for You, Our Users or Us; or
5. We decide to cease operations or to otherwise discontinue any services or options provided by the Website or parts thereof.
6. You agree that if Your access is terminated by Us, You will not attempt to regain access to the Website – using the same or different username – without prior written consent from Us.
7. In order to maintain the integrity of the Website and Services, or to investigate complaints, You agree to allow Us to access Your account and any other information You have submitted or created for as long as reasonably required to investigate the complaint or protect the Services.
8. The Company and its affiliates disclaim any and all liability arising from fraudulent entry and use of the Website. If a User fraudulently obtains access, the Website may terminate membership immediately and take all necessary and appropriate actions under applicable federal, state, and international laws.
Service Interruption: From time to time due to technological factors, scheduled software uploads and other factors beyond Our control, service may be temporarily interrupted. From time to time, certain features of the Website, such as the Website’s email system, may not be available for use due to technological and other factors. From time to time, access to the Website and the ability to log into the Website may not be available due to technological and other factors. You agree to hold Us harmless against any such interruption of service.
You agree and consent to receive electronically via your e-mail all Communications, that the Company may be willing to communicate to you in connection with your Account and/or use of the Services. For the purposes hereof “Communications” shall mean all and any communication, agreement, document, receipt, notice and disclosure, which may be from time to time addressed to User by the Company. You may withdraw your consent to receive electronic Communications by sending a withdrawal notice. If this is a case you waive your right to plead ignorance. If you decline or withdraw consent to receive electronic Communications, the Company may suspend or terminate your use of the Website.

CONTENT, LICENCE AND INTELLECTUAL PROPERTY

Our Website and Services contain images, content, text, software, graphics, data, messages, or any other information.
You acknowledge and understand that some or all of the content and materials on Our Website may depict activity that is restricted to adults and may therefore be inappropriate for viewing by minors. You acknowledge that You are aware of the nature of the content and materials provided by the Website and that You are not offended by such content and materials, and that You access the Website and Services freely, voluntarily, willingly, and for Your own personal enjoyment.
We are committed to making the use of Our Website a safe and pleasant experience for Our Members. In order to do this, We reserve the right, at Our sole discretion and with no obligation to do so, to periodically monitor, either at random, or selectively, Member comments and profiles within the Website. This includes all communication sent or received through any communication system offered via the Services.
We further reserve the right, at Our sole discretion, to delete any correspondences and comments (as well as other materials as we are deemed necessary) violating the terms within this Agreement. We may delete any materials including messages, comments, posts, or profiles that are deemed in Our sole discretion to be illegal, immoral, offensive, or in violation of the letter and spirit of this Agreement and the purpose of the Website.
Subject to Your acceptance of this Agreement, We grant You a limited, non-exclusive, non-transferable personal license to access and use the Website and the Services contained therein. We provide the Services on this Website for the personal, non-commercial use by Users of the Website. Users of this Website are granted a single copy license to view content of the Website.
All Materials and Services available on the Website shall be for private non-commercial use only, and all other uses are strictly prohibited, unless consented to by Us.
The Content on the Website including text, graphical images, photographs, music, video, software, scripts and trademarks, service marks and logos contained therein (collectively “Proprietary Materials”), are owned by and licensed to the Company. All Proprietary Materials are subject to copyright, trademark and/or other rights under the laws of applicable jurisdictions, including domestic laws, foreign laws, and international conventions. We reserve all our rights over our Proprietary Materials. Except as otherwise explicitly permitted, you agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any other way exploit, in whole or in part, any content and Proprietary Materials.

SPECIAL CONSIDERATIONS REGARDING MINORS

Age of Majority. In order to use the Website or any Services provided by the Company, You must have attained the age of majority in Your jurisdiction. You represent and warrant You are at least eighteen (18) or twenty-one (21) years of age, depending on the age of majority in Your jurisdiction, and that You have the legal capacity to enter into this Agreement. If You are not at least eighteen (18) or twenty-one (21) years of age, depending on the age of majority in Your jurisdiction, You must exit the Website immediately and may not use or access the Website or use the Services in any manner.
1. We specifically disclaim any responsibility or liability for any misrepresentations regarding a User’s age.
2. You represent and warrant that You will not allow any minor access to this Website or Services. Users should implement parental control protections, such as computer hardware, software, or filtering services, which may help Users to limit minors’ access to harmful material. You acknowledge that if Your computer or mobile device can be accessed by a minor, that You will take all precautions to keep Our Materials from being viewed by minors. You additionally acknowledge that if You are a parent, it is Your responsibility, and not Ours, to keep any age-restricted content from being displayed to Your children or wards.
WE HAVE A ZERO TOLERANCE POLICY FOR PORNOGRAPHIC MATERIAL INVOLVING MINORS AND A ZERO TOLERANCE POLICY REGARDING PEDOPHILES OR ANY PEDOPHILIC ACTIVITY.
If You seek any form of pornographic materials involving minors (including “virtual” pornography involving minors), You must exit this Website and cease using Our Services immediately. We do not provide this kind of material.

RESTRICTIONS APPLICABLE TO THE USE OF THE WEBSITE AND SERVICES

You further represent, agree and warrant, that you will not violate any law, contract, third-party right or commit a tort by accessing or using the Website, and that you are solely responsible for your actions and/or inactions while using our Website. You agree that You will only use the Website and Services for purposes expressly permitted and contemplated by this Agreement. You may not use the Website and Services for any other purposes, including commercial purposes, without Our express prior written consent. Without prejudice to the foregoing, you represent, agree and warrant, that YOU WILL NOT:
1. use or attempt to use another Member account without authorization, given knowingly and voluntarily as well as impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
2. copy, duplicate or distribute any part of the Website without Our prior written authorization;
3. use our Services or will immediately cease using those if any applicable law in your country prohibits or will prohibit you at any time from doing so;
4. intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
5. provide false, inaccurate, or misleading information;
6. use the Website in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from using our Website with full functionality, or that could damage, disable, overburden or impair the functioning of the Website (servers or networks connected to the Website) in any manner;
7. collect or store personal data about other Users, or Members, including via the use of any data mining, bots, or similar data gathering and extraction tools as well as use any robot, spider, crawler, scraper or other automated means or interface not provided by Us to access the Website or to extract data;
8. attempt to access any service or area of our Website that you are not authorized to access;
9. upload and submit any content to our Website unless otherwise agreed by this Agreement;
10. encourage or induce any third party to engage in any of the activities prohibited under this Section;
11. post, comment, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
12. "Stalk" or otherwise harass another member or User of the Website;
13. create any derivative works based on Our Website or any of the materials contained therein or received via the Services, and You agree and stipulate that any and all derivative works are NOT “fair use”;
14. use Our Website or Services, or any of the materials contained therein, for any public display, public performance, sale or rental, and You hereby agree and stipulate that any and all such uses are NOT “fair use”;
15. re-distribute or “scrape” Our Website or any of the materials contained therein or received through the Services, and You hereby agree and stipulate that any and all such uses are NOT “fair use”;
16. remove any copyright or other proprietary notices from Our Website or any of the materials contained therein;
17. frame or utilize any framing techniques in connection with Our Website or any of the materials contained therein;
18. use any meta-tags or any other “hidden text” using Our Website’s name or marks, and You hereby stipulate that any use of the Website’s name or marks, or any other marks owned by Us is an infringement upon Our trademark rights, and You stipulate to liquidated damages of five thousand dollars ($5,000) per such infringement, plus You agree to pay any and all fees incurred in the recovery of this amount, including attorney’s fees and all associated costs;
19. circumvent any encryption or other security tools used anywhere on the Website or in conjunction with the Services;
20. sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party materials or Services or any of Your rights to access and use materials, Services or Website as granted specifically by this Agreement;
21. use any material or information, including video, images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
22. restrict or inhibit any other user from using and enjoying the Services;
23. publish falsehoods or misrepresentations that could damage the Website or any third party;
24. use the Services in connection with unlawful contests, lotteries, or gambling; pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
The Website is intended to provide enjoyment to its Members. The Website supplies various opportunities to its Members to facilitate such communication via discussion boards, commenting features and other interactive capabilities. At the same time:
1. The Website has no way of determining the validity of any communication that You receive or see on the Website from another Member or the validity of the person behind such communications. You expressly understand and agree that if any other Member that You are in communication with on this Website requests money from You for any reason, it is almost certainly a scam or a fraudulent scheme and You are at a very high risk of being defrauded. You will report such request along with the username of the requesting Member immediately to Us via info@darkroomvr.com.
2. We reserve the right to review and/or reject any comments and other information posted by Members and We may delete any comments and other information contained within, but not limited to, the communication mediums without warning, although the Website undertakes no obligation to monitor Member comments and other information or take any such actions. We encourage Our Members to report any violations of these restrictions by other Members.
Interference. Except where expressly permitted by law, You may not translate, reverse-engineer, decompile, disassemble, or make derivative works from any of Our materials or any other materials from Our Website. User hereby agrees not to use any automatic device or manual process to monitor or reproduce the Website or materials from the Website, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage the Website or any communications on it. If You do not adhere to this provision of this Agreement, You hereby stipulate to and agree to pay liquidated damages of five thousand dollars ($5,000) for each violation plus any and all fees associated with recovery of these damages, including attorney’s fees and costs.

PRIVACY POLICY

We retain a separate Privacy Policy and your assent to these Terms also signifies your assent to the Privacy Policy. We reserve the right to amend the Privacy Policy at any time by posting such amendments to the Website. No other notification may be made to you about any amendments. Your continued use of the Website following such amendments will constitute your acceptance of such amendments, regardless of whether you have actually read them.

CHANGE OF THE AGREEMENT

We reserve the right to alter, amend or modify these Terms from time to time, in our sole discretion. We will provide you with notice of such changes by sending an e-mail, providing notice on the homepage of the Website and/or by posting the amended Terms via the Website and updating the "Last Updated" date at the top of these Terms. Any updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect.
The amended Terms will be deemed effective immediately upon posting for any new users of the Services. In all other cases, the amended Terms will become effective for preexisting users upon the earlier of either:
1. the date User click or press a button to accept such changes or;
2. the date User continues use of our Services after the Company publishes new version of the Terms on the Website.
If you do not agree to any amended Terms, you must discontinue using our Services and contact us to terminate your account.
Waiver – if You fail to periodically review this Agreement to determine if any of the terms have changed, You assume all responsibility for your failure to do so and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms. We are not responsible for Your neglect of Your legal rights.

INDEMNIFICATION AND RELEASE

To the extent permitted by applicable law, You agree to defend, indemnify and hold harmless the Company, its parent, subsidiary and affiliated corporation(s), their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Website; (ii) Your violation of any part of these Terms and Conditions; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Your materials caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and Your use of the Website.
In the event that you have a dispute with one of more other users or any third parties, you hereby release us, our officers, employees, agents and successors-in-right from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Website(s).
We do not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to Us shall be deemed to be readily accessible to the general public. Users should not use this Website or Services to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages and other content entered into or on this Website or Services can and may be read by the agents and operators of the Website or Services, regardless of whether they are the intended recipients of such messages.
The Company reserves the right to establish the necessary filters needed to avoid opinions considered racist, xenophobic, discriminatory, and defamatory or which in any way could generate violence or the propagation of contents clearly illicit or harmful. You agree to defend, indemnify and hold harmless the Company in connection with any claims that may arise concerning such filtering.

DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITIES

READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE WEBSITE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
2. UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
3. INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY;
4. ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
5. THE SITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY-PROVIDED PRODUCT OR SERVICE ADVERTISED ON, OFFERED BY, OR FEATURED ON THE WEBSITE OR THROUGH THE WEBSITE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE WEBSITE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
The Website is provided “AS-IS” and without any warranty or condition, express, implied or statutory. We specifically disclaim to the fullest extent any implied warranties of merchantability, fitness for a particular purpose, non-infringement, information accuracy, integration, interoperability or quiet enjoyment. We disclaim any warranties for viruses or other harmful components in connection with the Website. Some jurisdictions do not allow the disclaimer of implied warranties, therefore in such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to such implied warranties.
Except as otherwise required by the law, IN NO EVENT SHALL THE COMPANY, OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF ASSETS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH AUTHORIZED OR UNAUTHORIZED USE, THE USE OF OR INABILITY TO USE OUR SERVICES OR THE COMPANY INTELLECTUAL PROPERTY, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM THE COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS OR SERVICES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THE COMPANY MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
IN NO EVENT SHALL OUR MAXIMUM TOTAL AGGREGATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF THE WEBSITE OR SERVICES FOR A PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION OR TEN DOLLARS ($10.00), WHICHEVER IS GREATER. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
We shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the Website’s or Services’ performance.

NO AGENCY RELATIONSHIP

Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.

ARBITRATION PROVISIONS

Binding Arbitration - If there is a dispute between the parties arising out of or otherwise relating to this Agreement, the parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party must submit the issue to binding arbitration in accordance with applicable Arbitration Ordinance. Claims subject to arbitration (“Arbitral Claims”) shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims by Us under applicable worker’s compensation law, unemployment insurance claims, intellectual property claims (including but not limited to claims involving copyrights, trademarks, patents, unfair competition, and/or trade secrets), along with actions (regardless of the underlying cause of action) seeking injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be conducted in the Republic of Cyprus, in a convenient location agreed to by the parties, or absent such agreement, selected by the Arbitrator. The arbitration shall be conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator shall be willing to execute an oath of neutrality.
The Arbitrator shall have no authority to award any punitive or exemplary damages, certify a class action, add any parties, or vary or ignore the provisions of this Agreement. The arbitrators shall be bound by and apply Cyprus law to any dispute submitted for arbitration hereunder, and this Agreement shall be interpreted in accordance with the laws of the Republic of Cyprus. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
No waiver of right to arbitration - There shall be no waiver of the right to arbitration unless such waiver is provided affirmatively and in writing by the waiving party to the other party. There shall be no implied waiver of this right to arbitration. No acts, including the filing of litigation, shall be construed as a waiver or a repudiation of the right to arbitrate.
No action, regardless of form, arising out of or in conjunction with the subject matter of this Agreement, except for claims involving intellectual property, claims to recover outstanding amounts due to Us and claims for indemnification, may be brought by any party more than one (1) year after the cause of action arose.

18 U.S.C. 2257 DECLARATION OF CONFORMITY

All models, actors, actresses and other persons that appear in any visual depiction of actual or simulated sexually explicit conduct in our Website are at least eighteen (18) years old when the visual depictions were created. Pursuant to Section 2257 of Title 18, United States Code, records verifying the age of all models, artists, actors, actresses and other persons that appear in sexually explicit conduct real or simulated on this website are stored and kept in the records of the Company

MISCELLANEOUS

These Terms together with the Privacy Policy and any other legal notices published by Us on the Website contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services.
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from the Company, including by operation of law or in connection with any change of control. The Company may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
If these Terms or any other documents between you and us are translated and executed in any language other than English and there is any conflict as between the translation and the English version, the English version shall prevail.

TERMS AND CONDITIONS OF USE

DEFINITIONS AND PARTIES INVOLVED

AMUSEMENT PURPOSES OF SERVICES

ELECTRONIC SIGNATURES / ASSENT REQUIRED

ELIGIBILITY

MEMBERSHIP

CONTENT, LICENCE AND INTELLECTUAL PROPERTY

SPECIAL CONSIDERATIONS REGARDING MINORS

RESTRICTIONS APPLICABLE TO THE USE OF THE WEBSITE AND SERVICES

PRIVACY POLICY

CHANGE OF THE AGREEMENT

INDEMNIFICATION AND RELEASE

DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITIES

NO AGENCY RELATIONSHIP

ARBITRATION PROVISIONS

18 U.S.C. 2257 DECLARATION OF CONFORMITY