Last Updated: September 30, 2016
You must carefully read the terms and conditions set forth below before You can use or view the website accessible at videochat.com or affiliated or related website owned or operated by VS Media, Inc. (the "Website"), or any Company software, data feeds, services or live and recorded content associated with the Website. You agree that further accessing or other use of the Website by You constitutes Your express affirmation that You agree to be bound by these Terms and Conditions (the "Terms and Conditions"). YOU SPECIFICALLY AGREE TO THE PROVISIONS OF SECTIONS 22 AND 27 OF THESE TERMS AND CONDITIONS, WHICH PROVIDE, AMONG OTHER THINGS, THAT COMPANY'S LIABILITY IS LIMITED IN THE EVENT OF A DISPUTE ARISING FROM YOUR ACCESS AND USE OF THE WEBSITE, AND THAT AND ALL DISPUTES SHALL BE RESOLVED BY BINDING ARBITRATION HELD IN LOS ANGELES COUNTY, CALIFORNIA, UNITED STATES OF AMERICA.
1. PARTIES. The parties to these Terms and Conditions are You, the User, and VS Media, Inc. a California corporation (the "Company"). As used in these Terms and Conditions, the terms "we," and "us" are used interchangeably to refer to Company and the Website; the term "You", "Your" and "User" are used to refer to you, the user of the Website. These Terms and Conditions apply to any user or viewer of the Website, including each Registered Member.
(a) Subject to Your acceptance of these Terms and Conditions (as evidenced by Your submission login information and checking the Terms and Conditions checkbox on the login page) Company agrees to provide to You access to the age restricted materials and age restricted areas of the Website.
(b) You agree that these Terms and Conditions are subject to change by Company at any time, at its sole and absolute discretion, and changes shall become effective immediately, although Company may provide notice to all Registered Members by e-mail of any such changes even though we are not obligated to do so. You hereby acknowledge and agree that it is Your responsibility to keep apprised of changes to these Terms and Conditions. . You should frequently check the "Terms and Conditions" link on the Website for changes.
In connection with accessing and using the Website, You acknowledge and agree that prior to any use of the Website or Materials that you have agreed to these Terms and Conditions. If you do not agree with any of the terms set forth in these Terms and Conditions, then your sole and exclusive remedy is to cease accessing and using the Website. In the event that You have completed the online registration process with Company permitting you to access certain private content at the Website (a "Registered Member"), then you will be given a personal online username and password that is unique to You and certain of these Terms and Conditions will only apply to you as a Registered Member and Your use of Your membership account with Company.
2. SEXUALLY EXPLICIT MATERIAL. ALL MATERIALS, CONTENT, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED AT THE WEBSITE ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT THE WEBSITE DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE, OR LOCAL LAWS OR REGULATIONS OF THE UNITED STATES OR ANY OTHER COUNTRY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENT OF THE WEBSITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THE WEBSITE; PROVIDED, HOWEVER, COMPANY DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR VERIFYING WHETHER THE LAWS, RULES OR REGULATIONS OF A USER'S JURISDICTION PERMIT THE VIEWING OF THE CONTENT ON THE WEBSITE.
YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU KNOW AND UNDERSTAND THAT THE CONTENT AND MATERIALS PRESENTED AT, AND/OR DOWNLOADABLE FROM, THE WEBSITE INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND SEXUAL ACTIVITIES, INCLUDING WITHOUT LIMITATION, HETEROSEXUAL, BI-SEXUAL, AND HOMOSEXUAL ACTIVITIES OF AN EXPLICIT SEXUAL NATURE; THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND; THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS; AND THAT BY AGREEING TO THESE TERMS AND CONDITIONS YOU ARE WARRANTING TO COMPANY THAT YOU ARE INTENTIONALLY AND KNOWINGLY SEEKING ACCESS TO SUCH EXPLICIT SEXUAL MATERIALS FOR YOUR OWN PERSONAL VIEWING.
3. AGE OF MAJORITY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) IN JURISDICTIONS WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE MATERIAL OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT, IN OR THROUGH THE WEBSITE. YOU HEREBY FURTHER AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) AND ARE CAPABLE OF LAWFULLY AGREEING TO THESE TERMS AND CONDITIONS.
4. GRANT OF LIMITED LICENSE; OWNERSHIP OF WEBSITE CONTENT.
(a) Limited License. Subject to the terms and conditions set forth in these Terms and Conditions, Company hereby grants You a limited, nonexclusive, and nontransferable license to access and use the Website and any and all content or materials made available to You by and through this Website (hereafter "Materials") solely for Your personal non-commercial use.
(b) Acknowledgement of Company Property. You acknowledge and agree that all Materials contained at the Website are proprietary and constitute intellectual property owned by Company or others who have licensed use of such Materials to Company. You acknowledge and agree that as such You may access, view, receive, and otherwise use the Materials only in accordance with these Terms and Conditions (including as set forth in Section 4(a)).
(c) No Materials Sharing. You acknowledge that Company specifically prohibits You from doing any of the following acts, and You agree not to do any of these prohibited acts in connection with accessing and using the Website: (a) permitting any other third party to directly or indirectly use or view the Materials; (b) modifying, translating, reverse engineering, decompiling, disassembling the Materials (except to the extent applicable laws specifically prohibit such restriction); (c) making copies or creating derivative works based on the Materials; (d) renting, leasing, or transferring any rights in the Materials; (e) removing any proprietary notices or labels on the Materials; and (f) making any other use of the Materials not expressly permitted herein. Company reserves all rights not expressly granted in and to your use of the Website and the Materials as set forth herein.
(d) Expressly Authorized Use Only. You further represent and warrant to Company that Your agreement to these Terms and Conditions constitutes an agreement that You shall not access, or attempt to access, any Materials available at the Website in a manner not expressly authorized by Company. You agree and warrant that You shall at no time access, view, download, receive or otherwise use, or cause or enable any other third party to access, view, download, receive or otherwise use Materials, directly or indirectly, in places where such access, viewing, downloading, receipt or other use is prohibited by these Terms and Conditions.
(e) No Use In Prohibited Areas. You hereby acknowledge that You understand that Company (and all persons affiliated therewith) does not authorize the accessing, viewing, downloading, duplication, receiving, transmission, broadcasting or other use of the Materials to or by any person, INCLUDING YOU, who is located in any of the area where such access and use is prohibited by applicable law. By using the Website and accessing the Materials, You represent and warrant that: (1) You are not prohibited from using the Website, or accessing or using any of the Materials at the Website; (2) You are familiar with the laws of Your jurisdiction that may affect your legal right to access erotica or adult-oriented materials; (3) and You have the legal right to access such content and the Website in the jurisdictions where You access the Website each time.
Notwithstanding anything to the contrary herein, You further acknowledge that You understand that any Materials, that You purchased and/or directly participated in, either in total or in part, such as but not limited to, private shows, may be seen by other users and/or employees of the Website. Any and all Materials from and/or appearing on the Website is the intellectual property of and solely owned by Company and Company reserves its right to use the Materials in any way it chooses in any medium at any time in perpetuity.
5. INTENTIONALLY OMITTED.
6. OTHER IMPORTANT ACCESS AND USE RESTRICTIONS.
(a) Use Subject To This Agreement. You acknowledge and agree that You may only access and video the Website in accordance with these Terms and Conditions.
(b) No Commercial Use Of Website By You. You may access and use the Website only on one computer at a time and for Your own personal, noncommercial, educational, and entertainment use and enjoyment. You may not use the Materials for any commercial purpose whatsoever. You may not use, re-publish or provide any parts of the Website or the Materials to any other person without express prior written authorization by Company. Such prohibited uses include, without limitation, emailing, phone messaging or any other publication of the Website, in whole or in part, on any web page, including on any personal web page You may own or be affiliated with, regardless of whether any of the aforementioned uses are commercial or non-commercial. Any and all such unauthorized use will constitute intentional copyright infringement that could subject You to serious potential liability.
(c) No Materials SharingPassword Security. You are responsible for providing all personal computer and communications equipment necessary to gain access to the Website. Access to and use of the Website by a Registered Member is through the use of a password, which permits Registered Members to access certain content unavailable to any User that has not registered with Company at the Website. As a Registered Member, you must keep Your password strictly confidential and You agree that if You share Your unique login name and/or Your Password with another individual or entity that Your access to the Website is subject to immediate termination without notice or reimbursement of any kind and You are responsible for all fees incurred or imposed by Company in connection with such termination.
7. TERMINATION OF YOUR LICENSE TO USE WEBSITE. You acknowledge and agree that We may, in our sole discretion, terminate or suspend (permanently or temporarily) Your access to all or part of the Website at any time, with or without notice, for any reason, including, without limitation, breach of these Terms and Conditions or any other policy adopted by Company. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your access to all or part of the Website at Our sole discretion, and You may be referred to appropriate law enforcement agencies. In the event a Registered Member's account is terminated for fraudulent, abusive or otherwise illegal activity, Company may, in its sole and absolute discretion, cause the forfeiture of the balance of any prepaid fee-for-service credits of such Registered Member.
8. SERVICE MARKS (TRADEMARKS). Video Secrets® and VideoChat® and VS Media® are registered service marks of VS Media, Inc. No use of these marks by You or any other User shall be permitted except through the prior written authorization and permission of Company. All rights reserved.
9. YOU MAY NOT TRANSFER OR ASSIGN YOUR ACCESS RIGHTS OR OTHER PRIVILEGES; PASSWORD SECURITY. You shall not, under any circumstances, have the right to transfer or assign any rights granted to you under these Terms and Conditions to a third party, and You acknowledge that any attempted transfer or assignment of any such rights shall be void from the beginning. Any passwords that are issued for use at or in association with the Website are for Your individual use only. If a Registered Member, You will be responsible for the security of Your password(s). You must keep password(s) issued by Company and/or Website affiliates strictly confidential, and You hereby agree to do so. If You use a password that Company considers to be insecure, Company shall be entitled to require the password to be changed and/or terminate Your authorized access to password protected areas. Any sharing of passwords or any other methods of unauthorized access to the Website with any other person is strictly forbidden. You agree that if You become involved in any violation of system security or if Company or any Website affiliates reasonably so believes, Company and all Website affiliates shall independently have the right to release details regarding such incidents and Your personal information to governmental agencies and system administrators at other sites in order to assist them in resolving security incidents, and to do so without any incurring any liability to You whatsoever.
10. CODE OF CONDUCT. You agree, warrant and covenant to use the Website in accordance with the following Code of Conduct and that we may terminate Your right to use or access the Website at any time, including for violating any of these provisions:
(a) No Illegal Use. You will not use the Website to engage in any form of illegal conduct, harassment or offensive behavior, including but not limited to the posting or uploading of communications or any graphic, video or audio content to the Website which contain libelous, slanderous, abusive or defamatory statements, or racist, obscene or offensive language.
(b) No Infringing Use. You will not use the Website to infringe the privacy rights, property rights, including intellectual property rights, or any other rights of any person or entity, including, without limitation, Company's rights, Website affiliate's rights or any other Website user's rights, as may be determined in Company's sole and absolute discretion.
(c) No Violation of Community Standards. You will not download or access any content available at or in association with the Website that does not comply with the community standards of the community to which You desire to have such content delivered or transmitted.
11. MEMBERSHIP FEES; CANCELLATION. With respect to each Registered Member, by accepting membership to the Website and by accessing the private content of Website, You authorize the charges that may be imposed by Company from time to time for accessing and using the Materials, including the following: (a) a periodic membership fee charged to each Registered Member by Company permitting access to certain private content of the Website, which is subject to change at any time at the sole and absolute discretion of Company; and (b) fees and charges incurred for purchasing prepaid fee-for-service credits, which permit a Registered Member to make purchases at the Website. All cancellations of a membership by a Registered Member shall be effective upon actual receipt by Company. If You are a Registered Member, You hereby acknowledge and agree that if You cancel Your monthly membership, or if Your membership is cancelled by Company, Your username and password will be removed from Company's "online database" at the end of the then current monthly membership period and that You will only be entitled to receive the full benefits of a Registered Member's monthly membership until the end of such monthly period. Thereafter, you will not be permitted to access the private content of the Website. Further, You agree that if You cancel your membership at any time for service credits previously purchased by You from the Website, You will still be charged the full processing fee for such fee-for-service credits. Company may, at any time and at its sole discretion, cancel any membership of a Registered Member; provided, however, if the Company cancels your membership, Company shall refund all unused fee-for-service credit by automatic credit and waive the processing fee, except as otherwise provided in these Terms and Conditions. You hereby authorize Company to charge Your account (which You hereby acknowledge was provided by You to Company upon registering as a Registered Member) to pay for Your fee-for-service fees at the then current standard rate. You further authorize the Company to charge Your payment account for any and all purchases of products, services, and entertainment available through, at, in or on, or provided by, Website. You further agree to be personally liable for all charges incurred by You during or through the use of Website by the Registered Member's account. Your liability for such charges shall continue after termination of Your membership. The fee schedule for one-on-one and peep products is published at the Website. The pricing may change from time to time and it is Your responsibility to check this pricing to keep up-to-date.
12. NONACTIVITY - USE OF PREPAID SERVICE CREDITS. With respect to a Registered Member, in the event that You fail to make a purchase with Your membership account relating to the Website for a period of more than one hundred eighty (180) consecutive days (a "Lapse Period"), then You agree that Company may, at any time thereafter, suspend Your use of any of Your prepaid fee-for-service credits, in its sole and absolute discretion, and you will be deemed to have forfeited the balance of Your prepaid fee-for-service credits (which have been purchased by You with respect to the inactive membership account). Thereafter, if You subsequently login to Your membership account, you will be prevented from using any of your forfeited prepaid fee-for-service credits, as such credits will be deemed forfeited; provided, however, Company may, in its sole and absolute discretion, refund the balance of forfeited prepaid fee-for-service credits for subsequent use on the Website, in its sole and absolute discretion.
13. NO TRANSFER OF MEMBERSHIP ACCOUNT. If You are a Registered Member, You agree that You shall not, under any circumstances, have the right to transfer or assign Your membership account to any other person or entity, and that any attempted transfer or assignment of a membership by a Registered Member shall be void. Your further agree that Company may at any time, at its sole discretion and without prior notice to You, transfer or assign Your membership account in the Website to an affiliated or non-affiliated Company, and that upon such transfer or assignment, the Terms and Conditions may be enforced by the transferee or assignee of such account against You.
14. PAYMENT AUTHORIZATION. With respect to a Registered Member, Payment for the services provided to You at, and/or through Website may be made by automatic debit to Your payment account provided at the time of registration with Company (and which may be periodically updated), and You hereby authorize Company and its agents to transact such payments on Your behalf in the medium that is the normal course of business by Company. Unless and until You notify Company that You wish to cancel or terminate Your membership account, You hereby agree and authorize Company or its designated agent or assignee to use Your personal and payment information provided by you to Company during the registration process for the Website for repurchase of fee-for-service credits as directed by You and to charge Your payment account to pay for such. You further authorize Company or its designated agent or assignee to charge Your payment account for any and all purchases of products, services, and entertainment provided to You by the Website or for which You authorize or approve in connection with your use of the Website.
You further agree that as a Registered Member, You must promptly inform the Company of the following: (a) loss or theft of Your payment account used to pay fees incurred by Your use of the Website or other goods or services obtained in, at, or through the Website; (b) changes in the expiration date of Your payment account; (c) changes in home or billing address for Your payment account; (d) apparent breaches of security regarding Your membership account, such as loss, theft, unauthorized disclosure or use of an ID or password; and (e) all other changes pertaining to Your payment account used to pay for services pursuant to these Terms and Conditions and which may affect Company's ability to expeditiously obtain payments due to Company. You agree that You will remain liable for any unauthorized use of Website or any of its services associated with Your membership, until You have notified Company's Customer Service as to any of the aforementioned. If You believe that you have been erroneously billed, please notify Company immediately of such error. If we do not hear from You within thirty (30) days after such billing error first appears on any account statement, all previous fees billed to You will be deemed acceptable by You for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.
Charges on your payment account statement will appear discreetly from one of our authorized sales agencies as one of the following:
- VS.COM, VS1.COM, VS2.COM, VS3.COM, VS4.COM or VS5.COM 800-685-9236 (Click here for VS3.com)
- (Click here for Epoch.com)
- CCBILL.COM (Click here for CCBill.com)
- SEGPAY.COM (Click here for SegPay.com)
- WTS (Click here for WTS)
15. FRAUDULENT USE OF CARD. You hereby agree that you shall be liable for any and all losses, liabilities, obligations, penalties, claims, costs, disbursements and expenses incurred by Company, of any kind whatsoever, as to any fraudulent reporting of a lost or stolen payment account used to obtain goods or services from the Website or any fraudulent reporting of an unauthorized charge to the Website on Your payment account and which has been made by You or anyone under Your authority, at a time when a charge or other obligation for payment for goods and/or services to the Website remains outstanding at the time of such fraudulent reporting. The liability specified in this Paragraph shall not limit any other liability You may have for a breach of any other term, condition, promise, and/or warranty set forth in this Agreement. You further acknowledge and agree that You will remain liable to Company for any unauthorized use of the Website associated with Your membership account.
16. TERMINATION OF MEMBERSHIP. A Registered Member's membership account may be terminated at any time, with or without cause, by either Company or the Registered Member, subject to the cancellation policy and procedures set forth in these Terms and Conditions. Your liability for all charges incurred during Your membership term shall continue after termination, for any reason, of Your membership.
(a) Opt-out and Cancellation Provisions. At any time, You may opt out of future e-mailings and cancel Your receipt of e-mails from Company by clicking the unsubscribe link at the bottom of the e-mail advertisement sent to You by Company or by sending an e-mail cancellation request to Company here. here.
(c) No Actions Resulting From Registration In "No Contact" Registries. You hereby agree that You will not bring any action against Company, or any of Company's affiliates or any of any of the aforementioned parties' principals, employees or agents as a direct or indirect consequence of Your registration of an email address, mailing address, telephone number or other contact point with any governmental "do not email" registry with respect to any such contact point You have provided to Company after indicating that You have given Company permission to send You email, e.g., as You have done so in this Agreement above. You agree to indemnify Company, Company's affiliates, licensee, contractors and agents for any and all expenses and damages that result from any and all breaches of this subparagraph and for any actions against the foregoing parties that result from Company and/or one or more of Company's affiliates sending You email that You have requested or authorized Company or its affiliates to send You.
18. USE OF THE WEBSITE TO COMMUNICATE WITH OTHER USERS OR WEBSITE AFFILIATES. Company does not endorse, encourage, recommend or arrange personal or social communications or meetings among users of the Website or between a user and any individual Website affiliate or a user and any of Company's contractors or agents (including performers on the Website). You are expected to use common sense and take appropriate measures and precautions to insure Your own personal safety and privacy in the event that You choose to communicate with, or meet with any person with whom You have communicated through the use of any public areas or chat areas of the Website, if any, or through materials provided by Company, or a Website affiliate. You acknowledge and agree that Company shall not be held responsible in any way for the outcome of any contact or meeting, whether in person, by telephone or any other means, resulting from advertisements placed or responded to, or messages or communications sent or received by other Website users or Website affiliate, or through any use, directly or indirectly, of the Website. You further acknowledge and agree that Company does not screen any communications by users or other thirty parties with respect to the Website (although it reserves the right to do so) and Company has no control over such communications that any user or other third party may partake in and makes no representations or warranties with respect to the character, veracity, age, health or any other attribute of any of Company's contractors or agents (including performers on the Website), any affiliate or any other users of the Website, including any person who places any advertisements, profiles or notices on or in association with the Website.
(a) No Inappropriate Communications By You. Company may in its sole and absolute discretion provide a service that enables Registered Members to communicate with or otherwise share information with other Registered Members or persons who offer to provide a service to Users, such as performers, or to post information at, in or on the Website. If Company provides such service and if You make use of the service, You agree that You will not post, submit, publish, display, disseminate, or otherwise communicate any defamatory, libelous, inaccurate, abusive, threatening, offensive, fraudulent, obscene, lewd, excessively violent, harassing or otherwise objectionable or illegal material or any material which would violate or infringe the copyright, trademark, rights of publicity, privacy rights or other rights of any person. You acknowledge that transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited by Company and You further agree that any transmission of such material by You shall constitute a material breach of these Terms and Conditions entitling Company, without notice and without any liability for damages or reimbursement to You, to immediately terminate Your rights to access to the Website and/or your membership account.
(b) You Are Responsible For Any Inappropriate Communications. You acknowledge and agree that You, and not Company, shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, of all information which You submit, publish, display, disseminate or otherwise communicate through the Website even if a claim for damages or liability should arise after termination of Your rights to access the Website and/or your membership account.
(c) No Confidential Communications; Communications In Chat Room Or Public Areas Not Private. You acknowledge and agree that all messages or content posted by You or others in any "chat room" or "public areas" on the Website shall be deemed to be readily accessible to the general public and consequently should not be considered private, confidential or proprietary. Consequently, You should not use the Website for any communication which You intend only You and the intended recipient(s) to read. Notice is hereby given that all communications made by You in connection with your access and use of the Website can and may be read by the operators of the Website, whether or not they are the intended recipient(s). All messages and other communications by You shall not be deemed to be private or secure. You acknowledge that You have hereby been informed and noticed that any and all messages and other communications which You submit to Company or any other person in association with the use of the Website directly or through the Website can be read by the operators and/or other agents of Company whether or not they are the intended recipient(s).
(d)Company Does Not Monitor Your Communications. Although we do not assume the duty or obligation to monitor any messages or other materials posted or uploaded to the Website by third parties, including You, we reserve the right but not the obligation, in our sole and absolute discretion, to monitor any and all materials posted or uploaded to the Website by third parties, including You, at any time without prior notice to ensure that they conform to any content guidelines or policies of the Website which may be applicable from time to time.
(e) Company Reserves Right To Delete Your Communications. Although we do not assume the duty or obligation to monitor any messages, advertisements or other materials posted or uploaded to the Website by third parties, including You, and are not responsible for any content of these materials, we reserve the right, in our sole and absolute discretion, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements and public postings, without notice, that we, in our sole discretion, deem to violate the Code of Conduct of the Website or any applicable content guidelines adopted from time to time by Company, or to be otherwise unacceptable.
(f) You Are Responsible For Any Content You Transmit. You acknowledge and agree that You shall remain solely responsible for the content of messages and other materials You may upload to the Website. You further acknowledge and agree that You shall remain solely responsible for any information You send, display, or receive through the Website even if a claim should arise relating thereto after termination of service.
19. DISCLAIMER AND LIMITATION OF LIABILITY REGARDING COMPANY AFFILIATES, OTHER WEBSITE USERS AND OTHER THIRD PARTIES.
(a) USE "AS IS". TO THE FULLEST EXTENT PERMITTED BY LAW, CONTENT ON THE WEBSITE AND YOUR USE OF THE WEBSITE; INCLUDING WITHOUT LIMITATION, MATERIALS, AND PRODUCED CONTENT AVAILABLE FOR PURCHASE AT THE WEBSITE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO REPRESENTATION OR WARRANTY OF ANY KIND; INCLUDING, WITHOUT LIMITATION, WARRANTIES REGARDING THE AVAILABILITY OF THE WEBSITE, ACCURACY, CONTENT PROVIDED AT THE SITE, OF WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR ANY CONTENT PRODUCED AT THE WEBSITE THAT IS AVAILABLE TO YOU, YOUR ACCESS AND USE OF THE WEBSITE, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(b) No Guarantee Of Accurate Communication. You further acknowledge that You understand that we do not guarantee or vouch for the accuracy or truthfulness of any messages, communication, information or content of any kind which has been posted, uploaded or provided by other users of the Website, including without limitation any and all performers and advertisers, and that consequently You release Company from any and all liability and responsibility in connection verifying, the accuracy of any such messages, communication, information or content of any kind provided by other users of the Website.
(c) Company Does Not Screen Advertisers. You acknowledge and understand that we do not screen, endorse, monitor, control, investigate, supervise or verify any advertisements or communications submitted to the Website, including by a third party providing content at the Website, including performers, affiliates or other third-party licensees, advertisers, or other users of the Website for electronic dissemination through the Website. You are therefore cautioned and advised to use Your own judgment to evaluate all advertisements and other communications available at or through the use of the Website prior to purchasing goods and/or services described at the Website or otherwise responding to any communication at the Website.
(e) No Warranty Regarding Information Security. You acknowledge that You understand that we cannot ensure nor do we make any representations or warranties regarding the security or privacy of information that You voluntarily provide to the Company, or any other third party in connection with your registration, access or use of the Website, and that You release the Company and its directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns from any and all liability and responsibility in connection with the use of such information.
(f) Release. You hereby release Company and its affiliates and related entities, together with their respective directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns. from any and all liability and responsibility in connection with your access and use of the Website or the Material sand all other information, messages, communication or other materials You may receive from Company, or other third party in connection with your use of the Website.
20. NO REPRESENTATION, GUARANTEE OR WARRANTY THAT WEBSITE OR CONTENT ASSOCIATED THEREWITH IS FREE OF HARMFUL OR MALICIOUS CODE. You understand that neither Company, its affiliates nor any third party that provides content at the Website represent, guarantee or warrant that the Website or any Materials or any other files You may access at, in or through, or download from the Website or any website linked to Website or any affiliated website will be free of viruses, worms, Trojan horses or other code or matter of any kind that may manifest contaminating or destructive properties ("Harmful Code"). You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, protection of Your computer(s) and for maintaining a means of reconstructing data that You might lose because of Harmful Code. Neither Company, nor its affiliates nor any third party that provides content at the Website assumes any responsibility or risk associated with the possibility of damage to Your computer(s) or any other devices through Your use of the Website or any or Materials You may obtain in association therewith.
21. DISCLAIMERS; YOUR USE OF THIS SITE IS AT YOUR OWN RISK. Under no circumstances and under no cause of action or legal theory, shall Company and its affiliates and related entities, together with their respective directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns, be liable to You or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any viruses, worms, Trojan Horses or other destructive software or materials, or communications by You or other users of the Website, or from any use of content available at the Website or any use of the Website whatsoever. This disclaimer of warranty constitutes an essential part of these Terms and Conditions. Some states do not allow exclusions of an implied warranty, so if for any reasons the choice of law provisions of this Agreement are deemed not to apply to this Paragraph, this disclaimer may not apply to You and You may have other legal rights that vary from state to state or by jurisdiction.
22. LIMITATION OF LIABILITY. Notwithstanding the limitations of liability above, You also agree that as a material condition to Your obtaining the license to use the Website set forth herein, and to access the Materials made available to at the Website, You agree that any and all liability that might be attributable to Company, any third party with respect to your access and use of the Website and Materials, including any performer, of any affiliate of Company, or to any of their directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns that directly or indirectly results from Your use of the Website or Materials; including, without limitation, any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, negligence or under any other cause or action, shall be strictly limited to the lesser amount of (1) the amount of monthly license fees paid by You for access to the Website; or (2) fifty dollars ($50.00). Some states do not allow the limitation or exclusion of liability for incidental or consequential damages. Regardless of whether such limitation or other limitation of the scope of this limitation of liability or other limitation of liability set forth in these Terms and Conditions should apply to You, You acknowledge and agree that it is the express intent of the parties hereto that the limitations of liability set forth in this paragraph and elsewhere in this Agreement shall be construed to be as broad as is permissible under applicable law.
23. WAIVER OF SECTION 1542. With respect to the releases of liability set forth in these Terms and Conditions, You hereby acknowledge that You have been advised by Your independent counsel or You otherwise understand the consequences of entering into the general release and discharge of all known and unknown Claims as set forth in these Terms and Conditions, and that You are familiar with the provisions of Section 1542 of the California Code, which currently provides that:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
You hereby expressly waive any and all rights under Section 1542 and under any other federal or state statutes or laws of similar effect. Notwithstanding the foregoing, however, nothing herein shall be construed or operate to limit any obligation, duty, warranty or other responsibility set forth in these Terms and Conditions, in any way./p>
24. COOPERATION WITH LAW ENFORCEMENT. Company and its designees independently reserve the right to fully cooperate with any and all law enforcement authorities and court orders requesting or directing Company to disclose the identity or any other information regarding any person who is using or has used the Website or has obtained any content available through or in association with Website. By agreeing to these Terms and Conditions and using the Website, You waive and hold harmless Company and all other third parties from any and all claims resulting from any and all actions taken by any of the foregoing during, or as a result of any law enforcement authority's investigations.
25. NOTICES TO COMPANY OR USER NOTICES. Notices from the Website to Registered Members may be given by means of electronic messages or by general posting on the Website. Communications from You to Company may be made by electronic messages, unless otherwise specified in these Terms and Conditions. All questions, complaints, and notices to Company by means of electronic mail must be sent to Customer Service at firstname.lastname@example.org. You agree that any notices, agreements, disclosures, or other communications that Company sends to You electronically will satisfy any legal communication requirements, including that such communications be in writing.
26. INDEMNIFICATION. You agree to be personally liable and fully indemnify Company and its successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any attempted or actual unauthorized use or other duplication of Materials from the Website by You alone, or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized use of Materials from the Website, including attorneys fees. You also agree to fully indemnify Company and Company's directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any breach of the terms, conditions and covenants imposed on you under these Terms and Conditions.
27. GOVERNING LAW; ARBITRATION; WAIVER OF JURY TRIAL; CLASS ACTION. These Terms and Conditions shall be governed and construed in accordance with the laws of the State of California, excluding its conflicts of law rules.
Any dispute between Company and You arising or connected in any way with these Terms and Conditions, Your use of the Website or Materials, and with respect to a Registered Member, Your membership account with Company (a "Dispute") must be submitted to arbitration before and in accordance with the arbitration rules of the American Arbitration Association in accordance with its commercial arbitration rules. VENUE FOR THE ARBITRATION PROCEEDING SHALL OCCUR IN LOS ANGELES COUNTY, CALIFORNIA, UNITED STATES OF AMERICA, EXCLUSIVELY.
The provisions of this Section 27 shall be construed as independent of any other covenant or provision of these Terms and Conditions; provided that if a court of competent jurisdiction or arbitrator determines that any such provisions are unlawful in any way, such court or arbitrator is to modify or interpret such provisions to the minimum extent necessary to have them comply with the law. All issues relating to the arbitrability or the enforcement of these Terms and Conditions to arbitrate contained herein are to be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and the U.S. federal common law of arbitration.
Judgment upon an arbitration award may be entered in any court having competent jurisdiction and will be binding, final and non-appealable. You and Company hereby waive to the fullest extent permitted by law, any right to or claim for any consequential, special, punitive or exemplary damages against the other and agree that in the event of a dispute between them, each shall be limited to the recovery of any actual damages sustained by it.
This arbitration provision is self-executing and will remain in full force and effect after the expiration or termination of Your membership account with Company.
Notwithstanding the foregoing, the obligation to arbitrate is not binding upon Company with respect to claims relating to its trademarks, service marks, patents, copyrights, or other intellectual-property rights, or requests for temporary restraining orders, preliminary injunctions or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute between the parties.
You acknowledge and agree that it is the intent of the parties that arbitration between You and Company arising from a Dispute will be of the parties' individual claims, and that none of Your respective claims may be arbitrated or litigated on a class-wide basis. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU WAIVE A RIGHT TO A JURY TRIAL, CLASS ACTION AND/OR CLASS ARBITRATION WITH RESPECT TO ANY DISPUTE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY ARBITRATION PROCEEDING COMMENCED BY YOU UNDER THIS SECTION 27 ARISING OUT OF A DISPUTE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION FOR SUCH DISPUTE ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
28. ENTIRE AGREEMENT. These Terms and Conditions, together with any and all agreement(s) You may have or enter into in future with Company, contains the entire agreement between You and Company regarding Your access to, and use of, the Website, access and use of all Materials, and all other content, materials and services available in, at, through or in association with, the Website, and all features and functionality directly and indirectly related to the Website. These Terms and Conditions supersede all prior written and oral understandings, writings and representations, including those, if any, made by any third party or other person, including any prior version of the Terms and Conditions. Company reserves the right to revise these Terms and Conditions at any time, and from time to time, by updating and posting on the Website the revised version of the Terms and Conditions.
29. UNENFORCEABILITY OF PROVISIONS. You and Company agree that if any provision of these Terms and Conditions is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and all other portions of these Terms and Conditions shall remain in full force and effect (i.e., if any part of these Terms and Conditions is unlawful, void or otherwise unenforceable, only that part will be deemed severable and, such severance will not affect the validity and enforceability of any and all the remaining provisions).
30. NON-WAIVER. You acknowledge and agree that the failure of Company to enforce any of the specific provisions of these Terms and Conditions in any single instance shall not comprise a waiver of, or preclude or prevent any later, further or other enforcement of such provision(s), or any other provision(s), or waive, preclude, prevent or diminish the exercise of any other right hereunder.
31. AFFIRMATION OF AGREEMENT; ACKNOWLEDGEMENT THAT YOU HAVE READ THE TERMS AND CONDITIONS. By clicking on a link intended to signify Your agreement to these Terms and Conditions, for example, by clicking the acceptance button, by continuing to access the Website and/or any service or other functionality available in, on, at or through the Website available at, in or through the Website, or by obtaining or viewing any content at the Website, You agree that You are acknowledging and affirming that You have read all of these Terms and Conditions and that You agree to all its terms, conditions, warranties and other provisions. You further agree that Your acknowledgment and agreement to the entirety of these Terms and Conditions is reaffirmed by authorizing the use of Your credit card for payment of charges for any content at the Website and each time You access the Website.
32. NO AUTHORIZATION TO ACQUIRE CONTENT OR USE ADULTS ONLY PARTS OF THE WEBSITE WITHOUT FULL AGREEMENT. You acknowledge and agree that unless You expressly agree with these Terms and Conditions, You will not be authorized to access Company's or Company's agent's computers or servers to download or otherwise use the Website, to acquire access to the "adults only" or private portions of the Website, to use any services offered or otherwise provided by or through the Website or to acquire, view or access any content at the Website.
33. DEFINITIONS. The following capitalized terms used herein shall have the meanings set forth next to them below:
"Company" shall mean VS Media, Inc., and its affiliates, related entities, successors and/or assigns;
"Disputes" shall have the meaning set forth in Section 27 herein.
"Harmful Code" shall have the meaning set forth in Section 20 herein.
"Lapse Period" shall have the meaning set forth in Section 12 herein.
"Materials" shall have the meaning set forth in Section 4(a) herein.
"Registered Member" and "Registered Members" shall have the meaning set forth in Section 1(b) herein.
"Terms and Conditions" shall mean these terms and conditions, which may be updated, supplemented and revised by the Company from time to time.
"Website" shall mean the website known as videochat.com, and any affiliated or related website owned or operated by the Company.
"You", "Your", and "User" shall have the meaning set forth in Section 1 herein.