Welcome to BurningAngelVR™. Your agreement to all the terms and conditions of this agreement (“Agreement”) is required before You can use the BurningAngelVR™ web site at www.BurningAngelVR.com (“Website”). Your agreement is also required before the owner and operator of BurningAngelVR™ will grant You authorized access to their servers and computer databases to obtain or use copies of photographic content, video content, audio content, audio-visual content, virtual reality content, text, apps and/or graphics (“Content”) offered in, at or through the Website. If You do not agree to the terms and conditions, set forth below, You will not be authorized to use the Website nor will You have permission to access the servers hosting BurningAngelVR™ or view, stream, download or otherwise use, Content available in, at or through the Website.
IT IS VERY IMPORTANT THAT YOU COMPLETELY READ THIS AGREEMENT BECAUSE BY YOUR ACCESSING, STREAMING, DOWNLOADING OR OTHERWISE OBTAINING CONTENT FROM THE WEBSITE OR FROM BurningAngelVR™ OR USING ANY SERVICES PROVIDED BY, AT OR THROUGH THE WEBSITE, YOU WILL BE EXPRESSLY SIGNIFYING THAT YOU AGREE TO ALL THE FOLLOWING TERMS, CONDITIONS AND OTHER PROVISIONS, SET FORTH IN THIS AGREEMENT, INCLUDING IMPORTANT LIMITATIONS REGARDING “PROHIBITED LOCATIONS” FROM WHICH YOU MAY NOT ACCESS THE WEBSITE, OBTAIN COPIES OF CONTENT, OR USE ANY BurningAngelVR ™ SERVICES.
1. Parties To This Agreement And Consideration. The parties to this Agreement (“Agreement”) are You, a Website user (“You”), and HoloFilm Productions, LLC, the owner of BurningAngelVR™ (the “Company”). As used in this Agreement, the terms “we” and “us” are used interchangeably to refer to the Company and the operators of the Website (sometimes referred to as BurningAngelVR™). By further accessing the Website or materials available at or in association with the Website, such as Content, by purchasing any membership to the Website, and/or by purchasing any other product or service available in, on, at or through the Website, and for other good and valuable consideration, the sufficiency of which is acknowledged by You and the Company, You hereby agree to be bound by all the terms and conditions set forth in this Agreement.
2. Acknowledgement Of Sexual Content. You hereby acknowledge that the Content made available at, in, though and in association with Website by the Company and/or third parties that may provide Content available in, at, on, through or in association with, the Website (“Affiliated Content Providers”), and other materials available at, in, through or in association with the Website, include explicit visual, audio, and/or textual depictions of nudity and explicit sexual activities. You hereby acknowledge that You are not offended by such materials, and that by agreeing to these terms and conditions You are expressly representing and warranting to the Company and to the Affiliated Content Providers that You are intentionally and knowingly seeking access to such explicit sexual materials for Your own personal enjoyment.
3.1 “Affiliated Content Provider” means a third party provider of Content used on the Website or in the advertising or marketing materials associated with the promotion or marketing of the Website and/or Our Content.
3.2 “Company Affiliates” means affiliate marketing persons and entities and other persons or entities associated with the marketing, promotion, or functioning of the Website.
3.3 “Content” means photographic content, video content, audio content, audio-visual content, virtual reality content, text, apps, functional code, advertising content, marketing content, or graphical content.
3.4 “Our Content” means Content available in, at, on, through, or in association with, the Website, including without limitation, Content owned by the Company, Content owned or provided by one or more Affiliated Content Providers or Content owned or provided by one or more other third parties.
3.5 “Prohibited Areas” has the meaning set forth in Paragraph 5.
3.6 “User” means a user of the Website.
3.7 “VR Content” means stereoscopic, 3D or virtual reality Content. Without limiting the foregoing, the definition of VR Content shall include, without limitation, Content designed to be viewed on or in association with a VR Device.
3.8 “VR Device” means a device that displays or plays VR Content, including without limitation devices such as Gear VR™, Google Cardboard™, IM Cardboard™, Oculus Rift®, Vibe™, Morpheus™, Google Glass®, any and all improvements and future versions of such devices, and any and all similar devices.
4. Age-Restricted Materials And Age Restricted Access. No non-adult person, i.e., no persons under the age of 18 years or 21 years in places where eighteen 18 years is not the age of majority, is authorized to directly or indirectly view, possess or otherwise use any of Our Content available in, at, on or through the Website. All children and other non-adults are strictly prohibited from accessing the computers and databases of the Company except to access the non-adults only content on the public splash page at www.BurningAngelVR.com or this Agreement. Moreover, access to Company computers by children or other non-adults to stream, download, or otherwise obtain copies of any sexual or sexually explicit Content provided by the Company or Affiliated Content Providers in, at, on or through the Website, or place any orders for any goods or services advertised in, at, on, through or in linked association with, the Website, is strictly prohibited, and comprises an unauthorized accessing of the Company’s databases and computers, and unauthorized copying of Our Content, in violation of the Company’s rights and numerous civil and criminal laws.
5. Agreement Not To Access Our Content Or The Website From Prohibited Areas. As a material condition for the Company’s grant of a limited license to You to use the Website and access Our Content, You agree and warrant that You shall at no time access, view, download, receive, transmit or otherwise use, or cause or enable others to access, view, download, receive, transmit or otherwise use, the Website or Our Content, directly or indirectly in geographic locations that are identified as “PROHIBITED AREAS” from which the Company expressly prohibits such access, viewing, downloading, receipt or other use of Our Content and Website. All of the following areas constitute such “PROHIBITED AREAS” from which the none of the age-restricted parts of Website, or any of Our Content may be accessed, viewed, downloaded or otherwise received by You:
5.1 Prohibited Access Areas In The United States. All parts of the United States of America corresponding to the entire areas corresponding to United States Postal Service zip codes commencing with any of the following three digits:
PROHIBITED AREAS IN THE UNITED STATES
(Please click on the hyperlink above to access a list of zip codes identified by their first three digits listing the prohibited areas in the United States from which You are not authorized to access or use Website or web site materials.)
5.2 Other Prohibited Access Areas.
5.2.1 All parts of the following countries: Afghanistan, Algeria, Chad, Egypt, Kuwait, Indonesia, Iran, Iraq, Jordan, Lebanon, Libya, Micronesia, Morocco, Myanmar, North Korea, Pakistan, Saudi Arabia, Singapore, Somalia, Syria, The Republic of China, The Sudan, The United Arab Emirates, Thailand, Vietnam, Yemen, and all areas subject to Sharia law; and
5.2.2 All locations within the territories of every political entity in which accessing, viewing, downloading, dissemination of, or other use of the sexual materials depicted on or available through the Website, such as Content provided by the Company or by Affiliated Content Providers, is prohibited by law or would otherwise constitute a violation of any regulation, rule or custom.
6. Affirmation That You Are An Adult And You Are Not In A Prohibited Area. YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY AN ADULT, YOU ARE OVER THE AGE OF 18 YEARS (21 YEARS IN PLACES WHERE 18 YEARS IS NOT THE AGE OF MAJORITY), YOU ARE NOT LOCATED IN A PROHIBITED AREA AND YOU WILL NOT ACCESS THE WEBSITE OR CONTENT MADE AVAILABLE THROUGH THE WEBSITE BY ANY AFFILIATED CONTENT PROVIDERS FROM ANY PROHIBITED AREA.
7. Consequences Of Fraudulent Age Or Location Representation. You hereby acknowledge that You understand, and that You hereby agree, that any access to the age-restricted parts of the Website or Content made available by the Company or Affiliated Content Providers, by a minor or by any person located in a PROHIBITED AREA constitutes the unauthorized accessing of the Company’s computers and databases in excess of the authorization expressly granted by the Company in this Agreement, and that such unauthorized access violates state, federal and foreign laws, including, without limitation, The Electronic Communications Privacy Act, 18 U.S.C. §§ 2701-2710, The Computer Fraud and Abuse Act, 18 U.S.C. § 1030 and The California Comprehensive Computer Data Access and Fraud Act, Cal. Penal Code §502 and constitutes trespass to chattels, and intentional copyright infringement(s) of the Company’s copyrights in Our Content, the Website, and in Content owned by other parties, that is displayed in, at or through the Website, if any, all of which are protected under the laws of the United States and other countries. You further acknowledge that You understand that any such unauthorized access of the Website, Our Content or Content owned by others residing on our servers or in our databases could subject You to potential criminal prosecution and substantial civil liability. For example, intentional infringement of the Company’s copyright in a single work could subject You to statutory damages of up to $150,000 per work infringed,
8. Grant Of Limited License; Restrictions.
8.1 Grant Of License. Subject to the terms of this Agreement, including, without limitation the license restrictions set forth in Section 8.2 and Your payment of all applicable membership fees and other fees for services You have agreed to pay, the Company will grant to You a single user license to access its computer servers to use the Website and Our Content available in, on, at and through the Website for the term of the membership period You have selected.
8.2 License Restrictions.
8.2.1 Private Non-Commercial Use Only. Use of the Website and Our Content is strictly limited to Your personal and private and non-commercial entertainment and educational use and enjoyment only. You may not use the Website or any of Our Content except for private, non-commercial, personal entertainment and educational purposes.
8.2.2 Use Outside Scope Of License Violates Company’s Rights. You acknowledge and agree that all Our Content and other the materials available at or through the Website are proprietary and constitute valuable copyright, trademark and other intellectual property owned by, or licensed to, the Company. Consequently, You acknowledge and agree that any use of the Website or Our Content outside the scope of the license granted to You shall infringe and violate the Company’s rights.
8.2.3 No Uploading Of Our Content To Any Other Websites Or Services. You may not transmit, distribute, broadcast, rebroadcast or publicly perform any of Our Content. You are strictly prohibited from uploading or otherwise transmitting any of Our Content to any other website of any kind, including without limitation, any social media website, such as Facebook®, any “tube site,” such as XHamster™ or Redtube™, any file sharing site, any bit torrent site or any other third party’s website or service.
8.2.4 Viewing By Adults Only. Our Content may not be displayed to or performed for children or minors. You agree that You will take such steps and implement such precautions as are necessary to prevent children or other minors from accessing Our Content on the device(s) onto which You have downloaded Our Content, and You further agree to take such steps and implement such precautions as are necessary to restrict children and other minors from viewing Our Content while You are accessing or otherwise using the Website.
8.2.5 Prohibited Area Restrictions. You may not access, download, or stream any of Our Content available in, at, on, through, or in association with, the Website in a PROHIBITED AREA.
8.2.6 Special Use Restrictions Regarding VR Content.
188.8.131.52 Stationary Use. You are not authorized to access or view, and may not otherwise use, any of Our Content, including without limitation, any of Our Content that comprises 3D Content or VR Content, or any other Content while You are in motion or while You are otherwise not stationary (e.g., while You are not seated or lying down). For example, You are not authorized to access or view any VR Content or any other Content available in, at, on or through the Website while You are driving or operating a car or any other kind of vehicle. You acknowledge that body movement while viewing VR Content or any other Content via a VR Device could result in bodily harm to You and/or others and/or damage to property.
184.108.40.206 Use of VR Devices In Accordance With Manufacturer’s Instructions. You may only use Our Content in association with a VR Device if such use is in accordance with the VR Device’s operating instructions and precautions associated with the VR Device.
220.127.116.11 Safe Use Of VR Content And VR Devices. You may only use Our Content in association with a VR Device when it is safe to do so and when limitations on vision and hearing typically associated with the use of a VR Device does not pose a risk of harm to You or others, or a risk of damage to property.
9. Acceptance Of The Terms Of This Agreement. By using the Website, accessing Our Content, purchasing a subscription or membership to the Website, or accessing any password protected area of the Website, You hereby acknowledge and agree that You will be irrevocably agreeing to all the terms, conditions, obligations, warranties, and other provisions set forth in this Agreement, including the authorization for and acceptance of full financial responsibility for, all charges You authorize, including without limitation, those referred to in Paragraph 9. You also agree that You shall be deemed to have accepted and agreed to all the terms and conditions set forth in this Agreement by any action that comprises legally recognizable means of acceptance.
10. Payment For Services You Request.
10.1 Payment Responsibility For Requested Services. You agree to pay for all memberships and other services You have requested or otherwise authorized. You agree to be personally liable for all charges made by You in relation to the use of the Website for any and all goods or services purchased in relationship thereto, regardless of whether such charges were incurred directly by You or by one or more persons acting on Your behalf, under Your instruction, or as Your agent or Your representative, regardless of whether such actions on Your behalf were authorized actions in accordance with this Agreement or not. You acknowledge and agree that Your liability for any and all unpaid charges shall continue after termination of Your membership.
10.2 Payment Authorization. You hereby authorize Company’s merchant payment processors to cause Your credit card account, checking account, Bitcoin™ account, Paypal® account, or other payment account You have selected to reflect one or more charges or debit authorizations for the amounts associated with the membership options and/or other service options You have selected.
10.3 Charge Identification. Resulting charges and debits will be identified as "CCBill".
10.4 Current Membership Options. Current membership options can be viewed here.
11. Recurring Monthly Memberships. Recurring monthly memberships You have elected to purchase are billed each month until You cancel the subject membership.
12. Cancellation Of Recurring Monthly Memberships.
12.1 Cancelling A Membership. You may cancel a recurring monthly membership You have purchased at any time. To cancel Your monthly membership please visit the account management page .
12.2 Cancellations Effective On Receipt. All cancellations received by the Company will be effective upon receipt. PLEASE NOTE, HOWEVER, THAT YOU MUST CANCEL A RECURRING MONTHLY MEMBERSHIP AT LEAST SEVEN (7) DAYS BEFORE THE EXPIRATION DATE OF YOUR THEN CURRENT MONTHLY MEMBERSHIP TERM OR YOUR RECURRING MONTHLY MEMBERSHIP WILL CONTINUE THROUGH THE END OF THE NEXT MEMBERSHIP PERIOD.
12.3 No Pro-Rated Fees. You shall not be entitled to any pro-rated or partial refund if You cancel Your monthly membership before the end of the then current monthly membership period for any reason. You agree that if You cancel at any time after purchasing a monthly membership to Website (e.g., 20 minutes after You sign up), You will be charged for the full month's membership fee.
12.4 Password Removal. You hereby acknowledge and agree that if You cancel Your monthly membership, or if Your monthly membership is cancelled by the Company, Your password will be removed from the system at the end of Your membership term.
12.5 Company Cancellation Of Membership. The Company may, at any time and at its sole discretion and without cause or the providing of any reason, cancel any membership.
13. Free Trials And Free Limited Duration Membership Offers. If the Company offers a free trial or free limited duration membership option, and You elect to obtain such a free trial or free limited duration membership, You agree to authorize that the Company through one or more of its merchant payment processors to cause Your credit card account, checking account, Bitcoin™ account, Paypal® account, or other payment account, as applicable, You have selected, to reflect a charge or debit authorization in the amount of a one (1) month premium membership at the current cost of a monthly premium membership. This means that there may be an authorization amount on Your credit card, debit card, or other account statement. This is not a charge, however. You will not be billed for a purchase of a membership unless and until You upgrade Your free trial or free limited duration membership to a recurring monthly membership. YOU ACKNOWLEDGE THAT FOR SOME SUCH FREE TRIAL OR FREE LIMITED DURATION MEMBERSHIPS, SUCH UPGRADE WILL OCCUR AUTOMATICALLY AT THE END OF YOUR FREE TRIAL OR FREE LIMITED DURATION MEMBERSHIP UNLESS YOU CANCEL YOUR MEMBERSHIP AS INDICATED IN THIS AGREEMENT OR IN THE CANCELLATION INSTRUCTIONS ASSOCIATION WITH THE TRIAL OFFER. Free trial and limited duration membership options can be viewed here .
14. Service Marks (Trademarks). BurningAngelVR ™, BurningAngelVR ™ and HoloFilms™ are Service marks owned by HoloFilm Productions, LLC. No use of these marks by You or any other User are authorized or shall be permitted except through the prior express written authorization and permission of Company. All rights in all of the Company’s trademarks, service marks, copyrights, patents and other intellectual property are expressly reserved.
15. Indemnification For Unauthorized Use Of Content, Website Or Other Proprietary Materials. You agree to be personally liable for any and all damages resulting from any breach of this Agreement by You. You also agree to fully indemnify the Company and the Company’s members, 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 this Agreement by You, including, without limitation, any damages resulting from
(i) any attempted or actual unauthorized, accessing, downloading, viewing, copying or distribution of the Website or Our Content, in whole or in part, by You, alone, or with, or under the authority of, any other person(s);
(ii) any unauthorized uploading of any of Our Content to any other website or service, including without limitation, to any social network website, any tube site, any bit torrent website or any file sharing service;
(iii) any use of a VR Device playing or display Our Content, including without limitation, Our VR Content while You are not in a stationary position or while You are engaged in an activity that, because of diminished visual or auditory perception resulting from the use of a VR Device poses an increased risk of harm to You or others or damage to property; or
(iv) any violation of the Code of Conduct associated with the use of the Website and/or Our Content (See Section 18 below). The indemnification set forth in this Section 15 shall extend, without limitation, to indemnification for any and all damages resulting from actions by one or more governmental agency(ies), including without limitation, all direct and consequential damages directly or indirectly relating to such actions, such as attorney’s fees, litigation costs, and criminal defense costs.
16. Waiver Of Liability For Use Of Our Content In Association With The Use Of A VR Device. You acknowledge that use of a VR Device diminishes visual and auditory perception of a user’s environment. You agree to waive any and all claims known or unknown against the Company and its principals, employees, contractors, agents, and attorneys, and hold Company, its principals, employees, contractors, agents, and attorneys, harmless from any claims of liability resulting from injury to You or others, and/or damage to property resulting from or associated with Your use of the Website and/or Our Content, including without limitation, Our VR Content in association with Your use of a VR Device.
17. You May Not Transfer Or Assign Your Access Rights Or Other Privileges; Passwords. You shall not, under any circumstances, have the right to transfer or assign Your license to use the Website or any license(s) to use any of Our Content You might obtain in, on, at, through, or in association with, the Website, and You acknowledge that any attempted transfer or assignment of any such rights shall be void. Any passwords that are issued for use at or in association with the Website or any Our Content are for Your individual use only. You will be responsible for the security of Your password(s). You must keep password(s) issued by the Company strictly confidential, and You hereby agree to do so. If You use a password that the Company considers to be insecure, the 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 the Company or any Company Affiliates reasonably so believes, the Company and all of Company’s affiliates shall independently have the right to release details regarding such incidents 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.
18. 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 and/or Our Content for violating any of these provisions:
18.1 You will not at any time download or access any Content available in, at, on, through, 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.
18.2 You acknowledge that body movement while viewing VR Content or any other Content via a VR Device could result in harm to You or others and/or damage to property. You agree that You will at all times remain seated or otherwise stationary when viewing VR Content or any other Content available in, at, on or through the Website via a VR Device.
18.3 You will only use VR Devices to view Our VR Content or other Content in locations where it is safe to do so. You must never use a VR Device when the impaired vision or hearing resulting from the use of a VR Device can pose a foreseeable risk of injury to You or another person or damage to property. For example, You must never access the Website or any of Our Content via a VR Device while driving or operating a vehicle (car, boat, plane, bicycle, scooter, skates, etc.), and You must never use a VR Device to view Our Content while You are located in the proximity of operating machinery, live electrical lines, swimming pools or other dangerous hazards.
18.4 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, sexist, obscene or offensive language.
18.5 You will not use the Website or any Content or service provided by Company to directly or indirectly infringe the privacy rights, property rights, including intellectual property rights, or any other rights of any person or entity, including, without limitation, the Company’s rights, Company Affiliate’s rights or any other Website User’s rights.
19.1 Opt-out and Cancellation Provisions. At any time, You may opt out of future e-mailings and cancel Your receipt of e-mails from the Company by clicking the unsubscribe link at the bottom of the e-mail advertisement sent to You by the Company.
19.3 No Actions Resulting From Registration In “No Contact” Registries. You hereby agree that You will not bring any action against Company, any Affiliated Content Providers, or any of the Website’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 the Company and/or one or more Affiliated Content Providers after indicating that You have given the Company and/or such Affiliated Content Providers permission to send You email, e.g., as You have done so in this Agreement above. You agree to indemnify the Company and Affiliated Content Providers, the Website’s affiliates and all their agents for any and all expenses and damages that result from any and all breaches of this subparagraph 19.3 and for any actions against Company, Company Affiliates, and/or any Affiliated Content Providers that result from the Company and/or one or more Affiliated Content Providers or affiliates sending You email that You have requested or authorized the Company, its affiliates and/or one or more Affiliated Content Providers or affiliates to send You.
20. Use Of The Website To Communicate With Other Users, Company Affiliates Or Affiliated Content Providers. The 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 Website Content Provider. 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 the Company, a Website affiliate or any Website Content Provider. 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, Website affiliate, any Website Content Provider, or through any use, directly or indirectly, of the Website. You further acknowledge and agree that the Company does not screen any communications between Company Affiliates or Content Providers and Website Users and the Company has no control over such communications and makes no representations or warranties with respect to the character, veracity, age, health or any other attribute of any Affiliated Content Providers, 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.
20.1 The Company may in its discretion provide a service that enables authorized Users to communicate with or otherwise share information with other Users or persons who offer to provide a service to Users, such as Affiliated Content Providers or to post information at, in or on the Website. If the 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 the Company and You further agree that any transmission of such material by You shall constitute a material breach of this Agreement entitling Company, without notice and without any liability for damages or reimbursement to You, to immediately terminate Your rights of access to the Website.
20.2 You acknowledge and agree that You, and not the Company, shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, of all information that You submit, publish, display, disseminate or otherwise communicate through the Website even if a claim for damages or liability should arise after termination of service.
20.3 If the Company provides any service of the type described in Section 20.1, You agree that all messages and other communications by You shall be deemed to be readily accessible to all other Users of the Website who are authorized to access the Website and agree that all such messages and other communications shall not be deemed to be private or secure. Regardless of whether the Company provides any type of service described herein, You agree that You have hereby been informed and noticed that any and all messages and other communications which You submit to Company 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).
20.4 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.
20.5 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, should such a posting or uploading feature be provided by Company. Company shall not be responsible for any content of materials uploaded by Users of the Website, and 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 the Company, or to be otherwise unacceptable.
20.6 You acknowledge and agree that You shall remain solely responsible for the content of messages and other materials You may upload to the Website, to Affiliated Content Providers or affiliates, or to other Users of 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.
20.7 Communications In Chat Room Or Public Areas Not Private. You further acknowledge and agree that all messages or content posted by You or others in any Chat rooms or public areas which may be provided 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 messages entered into this Website can and may be read by the operators of the Website, whether or not they are the intended recipient(s).
21. Disclaimers And Limitations Of Liability Regarding Website Content, Affiliated Content Providers, Company’s Affiliates, Use Of Virtual Reality Devices, Actions Of Other Website Users And Actions Of Other Third Parties.
21.1 You acknowledge and agree that Company shall not be held responsible or liable for the quality, legality, or any other matter regarding Content that is made available to You at, on, in, through, or association with, the Website by third-party Content providers, the Company’s affiliates, any Website users or any other third parties.
21.2 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 to the Website by third-party Content providers or by Users of the Website, including without limitation any and all advertisers. You agree to release the 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 third parties.
21.3 You acknowledge and understand that we do not screen, endorse, monitor, control, investigate, supervise or verify any advertisements or communications submitted to the Website by Affiliated Content Providers, affiliates or other third-party licensees, advertisers, or 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.
21.4 Some of the materials that You might access via hyperlinks at the Website will connect You to third-parties, or to third-party Websites that may provide content to the Website via hyperlinks. We have no editorial control or supervision over selection or display of such content provided by those third parties or those third-party Websites and those parties are solely responsible and liable for all such Content.
21.5 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, Affiliated Content Providers, affiliates or any other Website Users. You agree to release the Company and its principals, members, 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.
21. 6 You hereby release Company and its members, 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 Content and all other information, messages, communication or other materials You may receive from the Company, Company Affiliates and/or Affiliated Content Providers.
22. No Representation, Guarantee Or Warranty That Website Or Content Associated Therewith Is Free Of Harmful Or Malicious Code. You understand that neither Company, nor its affiliates represent, guarantee or warrant that the Website or any of Our Content accessible in, at, on, or through, the Website will be free of viruses, worms, Trojan horses or other code 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 the Company, nor any of the Company’s affiliates, nor any third party Content Providers shall assume or have 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 Content or other materials You may obtain in association therewith.
23. Disclaimers; No Warranties; Your Use Of The Website And Our Content Site Is At Your Own Risk. You hereby agree that the use of the all materials, features, functions and all other goods and services provided to You by the Company, and the use of any and all of Our Content, including without limitation Our VR Content, are provided to You on an “as is” basis, without warranties of any kind, including, without limitation, warranties regarding the availability, accuracy, or content of materials, information, product or services, or warranties of merchantability, fitness for a particular purpose, title or non-infringement, and Company and Affiliated Content Providers and the Company’s affiliates expressly disclaim all such warranties. Neither the Company, nor any Company Affiliate, nor any Affiliated Content Provider warrants that the functions of the Website or any of Our Content will be uninterrupted or error-free, or that any discovered defects will be corrected. Under no circumstances and under no cause of action or legal theory, shall Company, any of Company Affiliates, any third party Content provider or any of the Company’s suppliers, licensees, resellers, affiliates or their suppliers, licensees or resellers 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 Our Content or any use of the Website whatsoever. This disclaimer of warranty constitutes an essential part of this Agreement. 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.
24. Limit Of Company’s, Company Affiliates’, and Affiliated Content Providers’ Liability. Notwithstanding the limitations of liability above, You also agree that as a material condition to Your obtaining the license to use the Website as set forth herein, and to access and use Our Content, You agree that any and all liability that might be attributable to the Company, one or more Company Affiliates, one or more Affiliated Content Providers or one or more third party Content providers, or to any of their respective members, directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents, attorneys, or their successors or assigns, that directly or indirectly results from Your use of the Website and/or Our Content, 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 license fee paid by You for access to the Website or for the Content You accessed at 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 this Agreement 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.
25. Cooperation With Law Enforcement. The Company, Company Affiliates and all Affiliated Content Providers independently and respectively reserve the right to fully cooperate with any and all law enforcement authorities and court orders requesting or directing Company, any Company Affiliates and/or any Affiliated Content Providers to disclose the identity or 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 accepting this Agreement and using the Website, You waive and hold harmless Company, Company Affiliates, Affiliated Content Providers and their respective principals, members, directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns 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.
26. Notice. Notice to You and other members may be given by means of electronic messages or by general posting on the Website. Communications from You to the Company may be made by electronic messages or conventional mail. All questions, complaints, and notices to Company by means of electronic mail must be sent to Customer Service at support@BurningAngelVR.com.
27. Entire Agreement. This Agreement contains the entire agreement between You and the Company regarding Your access to, and use of, the Website, Our Content, and all other 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. This Agreement supersedes all prior written and oral understandings, writings and representations, including those, if any, made by any third party or other person. This Agreement may be amended by the Company by updating the online version of this Agreement on the BurningAngelVR VR™ Website. Your use of the Website and/or Our Content after such amendment or updating of this Agreement shall be deemed to be Your acceptance of, and agreement to, the amended Agreement.
28. Dispute Resolutions; Choice Of Law; Arbitration; Venue And Jurisdiction. You agree that this Agreement and all disputes or controversies of any kind arising under, or related to this Agreements and/or any of materials, services, features or functions available in, at, through or in association with, or in any way relating to, the Website, including without limitation, any of Our Content, or any services provided by any Affiliated Content Providers or any Company Affiliates, shall all be governed by and construed under the laws of the State of Nevada and the United States, as applied to agreements between Nevada state residents entered into and to be performed within the State of Nevada, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
28.1 Choice of Law. You further agree that notwithstanding any judicially or statutorily created choice of law rule that would otherwise require the application of the law of some other jurisdiction, all provisions of this Agreement and all matters or controversies of any kind arising out of, or related to this Agreement or the rights or liabilities of the parties hereto shall be governed solely by the substantive statutory and common law of the state of Nevada.
Additionally, this Agreement shall be governed by the laws of the state of Nevada without regard to the state’s choice of law principles, and the federal law of the United State of America.
NOTICE: THE PARTIES ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INVOLVING THIS AGREEMENT TO BE DECIDED BY BINDING ARBITRATION AS PROVIDED BY NEVADA LAW AND THE PARTIES ARE GIVING UP ANY AND ALL RIGHTS THE PARTIES MAY POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR BY A JURY TRIAL. IN SO AGREEING, THE PARTIES MAY BE GIVING UP THEIR RESPECTIVE JUDICIAL RIGHTS TO DISCOVERY AND APPEAL. IF A PARTY REFUSES TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, THE PARTY MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE NEVADA CODE OF CIVIL PROCEDURE. NEVERTHELESS EACH PARTY HEREBY EXPRESSLY ACKNOWLEDGES THAT THE PARTY’S AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
28. 2 Binding Arbitration. Any and all disputes or controversies of any kind arising under or with respect to this Agreement that is not resolved by the affected Parties informally after good faith attempts to do so for ten (10) business days shall be resolved by binding arbitration before a retired judge chosen by the disputing Parties and the place of the arbitration will take place in Las Vegas, Nevada. The Parties to that binding arbitration will pay the arbitrator in equal shares, and that arbitrator will be entitled to make decisions concerning damage claims as well as make decisions relating to equitable remedies. The prevailing party to the binding arbitration shall be awarded its attorney’s fees and costs of arbitration. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbitrator with respect to legal matters shall be limited only by the statutory and common law of the State of Nevada and the United States. Notwithstanding the foregoing, any and all disputes, that the affected parties cannot informally resolve, regarding the scope of issues or matters within the jurisdiction of the arbitrator, and court sitting in Las Vegas Nevada shall have exclusive jurisdiction to deal with any such issues..
28.3 Venue. You hereby agree that the exclusive venue for all legal disputes, controversies, actions of any kind arising under or related to this Agreement shall be Las Vegas, Nevada.
28.4 Jurisdiction. You ay agree that in case of any litigation regarding this Agreement, the venue for such litiga¬tion shall be, depending on the subject matter of the dispute, either the Munici¬pal Court of Las Vegas, Nevada, the Superior Court of the County of Clark or the United States District Court for the District of Nevada. You hereby consent to the jurisdic¬tion of the Courts of the State of Nevada and the United States District Court for the District of Nevada, and waive any arguments of nonconvenience or lack of minimum contacts.
29. Unenforceability Of Provisions. You and Company agree that if any provision of this Agreement 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 this Agreement shall remain in full force and effect (i.e., if any part of this Agreement 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 the Company, any of Company’s Affiliates, any the Affiliated Content Providers, or any of the foregoing parties’ assignees or successors, to enforce any of the specific provi¬sions of this Agreement shall not comprise a waiver of, or preclude or prevent any later, further or other enforce¬ment 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; Acknowledge You Have Read This Entire Agreement. By clicking on a link intended to signify Your agreement to this Agreement, for example, by clicking the acceptance button, or by continuing to access the Website and/or any service or other functionality available in, on, at or through the Website, or by downloading, streaming or otherwise obtaining any of Our Content from any Affiliated Content Provider, You agree that You are acknowledging and affirming that You have read this entire Agreement 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 this Agreement is reaffirmed by each authorizing the use of Your credit card or other payment means for payment of membership and/or other charges for licensed access to Our Content available in, at, through or in association with the Website, and each time You access any part of the Website that is age restricted, membership restricted or otherwise restricted for any reason.
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 all the terms of this Agreement, You will not be authorized to access the Company’s or the Company’s agent’s computers or servers to download or otherwise use the Website, to acquire access to the “adults only” portions of the Website, to use any services offered or otherwise provided by or through the Website or to acquire any kind of Content from the Company, any Company Affiliates or any Affiliated Content Providers.
33. Mutually Drafted; Negotiation Option; Paragraph Headings. For purposes of construction and interpretation of this Agreement, both You and the Company shall be deemed to have mutually drafted this Agreement and all parts thereof. If You would like to negotiate other terms or otherwise modify this Agreement before providing Your assent and agreement, please contact the Company at HoloFilm Productions, LLC, 1000-1100 Melville St, Vancouver, BC V6E 4A6. You hereby acknowledge and agree that the services and goods provided via a membership to the Website or in association therewith are of a type readily available to You elsewhere, that this is not a contract of adhesion, and that as a material inducement for Company to provide a license to You to use the Website You hereby agree that You shall not make any claim or support any action on the claim that this Agreement constitutes a contract of adhesion or is unconscionable in any way. This is a legal contract. Like all legal contracts, You are advised to procure appropriate legal advice before entering into this agreement. You acknowledge and agree that Company did not require You to enter into this Agreement without having sufficient time and opportunity to consult with an attorney. You hereby further acknowledge that You have either consulted with an attorney prior to agreeing to the provisions of this Agreement or You expressly and knowingly have opted not to seek legal counsel prior to Your full agreement hereto. Paragraph and subparagraph headings of this Agreement are inserted for convenience only and shall not be deemed to constitute a part hereof nor to affect the meaning thereof