Terms of Service
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY
We are PRIVATE VR, Inc., a Delaware corporation. We welcome you to our online community. To participate in the community, we ask that you register with our Service so that we can continue to work together to create a safe and healthy adults-only platform.
The Content carried by our Services is not appropriate for minors and is not intended to be accessible to or by minors. Some of the Content carried by our Services may be of a mature or explicit nature. Accordingly, you must be at least eighteen (18) years of age to access our Services. By accessing our Services, you certify that you are at least eighteen (18) years of age. You agree to take all reasonable precautions necessary to ensure that your use of our Services is not directly or indirectly accessible or exposed to minors, or to adults who have not consented to access the Content carried by our Services. You are solely responsible for all activities conducted through your subscription account. You many not permit another individual to use your account, and you remain liable for any use of your account.
The Content carried by our Services originates primarily from third parties, which may include other Subscribers and/or webcam models over whom we exercise no control. In using our Services, you may be exposed to Content that you may deem objectionable and, in this respect, you use our Services at your own risk. In order to adhere to and respect local community standards, we may utilize mechanisms which filter out explicit sexual content in some geographic areas. In addition, there are commercially available programs and software, that can be used to limit access to Content that you deem objectionable.
If you experience Content that you find objectionable, inappropriate, or offensive, we want to hear about it so that we can take appropriate action.
1. Customer Care
A. All transactions that occur on our Services are final. We maintain a "Subscriber is Always Right" policy and want to hear from you if you are dissatisfied with our Services in any way. We do not provide refunds for transactions on or through our Services, i.e. we have a no refunds policy; however, we encourage you to contact us so that we may discuss any questions or concerns you may have.
B. You may cancel your subscription online at any time by emailing our customer care center at email@example.com.
2. Your Privacy
3. Your Subscription Account
A. You agree to provide us with accurate, complete, and current account information. You further agree to only provide account information over which you have direct control and authorization, and not to provide account information belonging to any third party. Failure to provide accurate and authorized account information, or provision of false or unauthorized account information, shall constitute a breach of the TOS and may result in immediate termination of your subscription. You may also be subject to civil and criminal liability.
B. Upon registering as a Subscriber, you will choose a password and a screen name. You may not select or use a screen name of another actual person (unless it is also your actual name), a name in violation of a third party's Rights, or a screen name that we deem, in our sole discretion, offensive or otherwise inappropriate. We own all screen names utilized on our Services and license your screen name to you, via a non-exclusive, royalty-free, universe-wide license, in perpetuity. You may not use your screen name in violation of the TOS or in ways we deem inappropriate. We reserve the right to revoke any such screen name. Subscribers who have had their subscription with us terminated are not allowed to access our Services without our prior express written permission.
4. Charges and Billing Practices
A. All fees charged on or through our Services, with the exception of nominal payment account re-authorization charges as set forth below, will be prominently displayed prior to you incurring a charge. All fees that may be charged to access Content uploaded or made available by webcam models may be independently set by those webcam models. Per-minute prices are tabulated by the minute and may be rounded up or down to the whole minute. If you are granted future use credits by our Services for any reason, such credits are applicable toward charges independently set by webcam models or toward other, non-subscription based fees. For billing inquiries please contact us by emailing us at firstname.lastname@example.org, and mentioning “Billing Inquiry” in the subject line.
B. You agree to pay all amounts due for any fees or charges you incur while using our Services. Each time you incur a fee on our Services, you authorize a charge or debit to any payment method that you have provided us. You agree that we may, at our option, accumulate charges incurred during a billing cycle and submit them as one or more aggregate charges during or at the end of each cycle. This means that accumulated charges may appear on the statement you receive from your bank or card issuer. Further, you agree that we may delay obtaining authorization from your card issuer until submission of the accumulated charges. If your subscription account is canceled or terminated, you agree to pay any outstanding balance(s) incurred. You must notify us of any perceived discrepancies within thirty (30) days of the time that the charges first appear on your account statement. Otherwise, they will be deemed acceptable by you for all purposes, including resolution of inquiries made by your financial institution. You are responsible for all charges and fees associated with access to Content or use of our Services, including, but not limited to, bank fees or surcharges as well as access fees imposed by other internet service providers.
C. From time to time, in order to validate the continued creditworthiness of our Subscribers and to protect the integrity of our payment processing systems, our Services may transmit re-authorization charges of up to $9.99 USD on payment methods that you have provided us. All such re-authorization transactions will be fully refunded to you by automatically deducting such amounts from subsequent fees incurred by you on our services, or upon your request via via email to email@example.com.
D. You may elect to enter into recurring subscriptions on or through our Services, including without limitation VIP subscriptions, HD Pass subscriptions, and/or subscriptions to specific webcam model FanClub services. The billing associated with these subscriptions will ordinarily recur monthly (or at other designated intervals) on the anniversary of the date upon which you created your subscription. However, the exact billing date may vary in any given billing cycle due to weekends, holidays, the number of days in a given month, or other commercially reasonable factors.
5. Electronic Communications
As a dynamic interactive computer service, the Content available on or through our Services is generally updated regularly. We and/or webcam models, vendors, or partners may elect to email you about such changes. Pursuant to 15 U.S.C. § 7701 et seq. your use of our Services constitutes your express consent for your receipt of such email notifications from our Services and/or from webcam models, vendors, or partners with whom you have interacted and/or from whom you have requested updates. You authorize webcam models, vendors, and partners to use the email system provided by our Services to update and notify you of changes to their Content including without limitation updates in their "live" status. You may always opt-out of such communications.
6. Restrictions on Content and Conduct
A. Content carried by our Services may be transmitted in real time. Such Content cannot be screened in advance for compliance with our Terms of Service or applicable laws. We, and/or our designees or agents reserve the right to monitor some, all, or none of the Content and to pre-screen, review, filter, modify, remove, delete, revise, restrict access to or availability of, any Content that violates the TOS or is otherwise objectionable. We further reserve all rights to voluntarily take actions in good faith to restrict access to or availability of Content that we or any user consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable in our sole discretion. You assume all risks associated with your access and use of any Content. You acknowledge that we shall have no liability for any action or inaction by us with respect to Content uploaded, posted, emailed, transmitted, carried, or otherwise made available by our Services. You agree to use our Services only for lawful purposes.
B. Our Services do not specifically encourage, hire, contract for, manage, or otherwise arrange for the participation of any users, including Subscribers or webcam models, in sexually explicit Content or conduct. At all times, webcam models, partners, and vendors, not Subscribers, have the sole discretion regarding the Content they elect to upload and/or make available to other users of our Services; we expressly disclaim any Subscriber expectation regarding access to sexually explicit Content on or through our Services.
C. You may not use, or allow others to use, your account, either directly or indirectly, to:
- 1. harm or portray minors in any way;
- 2. upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, invasive of another's privacy, obscene, hateful, racially objectionable, ethnically objectionable, or otherwise objectionable in our sole discretion;
- 3.harass, threaten, embarrass, or cause distress, unwanted attention, or discomfort for any other Subscriber, webcam model, vendor, partner, person, or entity;
- 4.upload, post, email, transmit, or otherwise make available any Content or conduct that may generally be considered obscene, including, but not necessarily limited to, bestiality, urination/defecation, fisting, incest, extreme sado-masochism or bondage presented in a sexual context, or any presentation of minors, actual or simulated, engaged in intimate physical contact or sexual situations;
- 5.upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as a part of employment relationships or under nondisclosure agreements);
- 6.upload, post, email, transmit, or otherwise make available any Content that infringes any Rights (including without limitation intellectual property rights) of any party;
- 7.disrupt the flow of communication or otherwise act in a manner that negatively affects the user experience of Subscribers and/or webcam models;
- 8.falsely impersonate any person or entity, including, but not limited to, an employee or agent of our Services, or a webcam model, or communicate under a false name or a name that you are not entitled or authorized to use;
- 9.upload, post, email, transmit, or otherwise make available any unsolicited advertising, promotional materials, or other forms of commercial solicitation to other Subscribers or webcam models;
- 10.upload, post, email, transmit, or otherwise make available any Content or solicitation designed or intended to obtain password, account, or private financial information from any Subscriber and/or webcam model;
- 11.upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
- 12.interfere with or disrupt our Services or servers or networks connected to our Services, or disobey any requirements, procedures, policies, or regulations of networks connected to our Services;
- 13.violate any operating rules, policies, or guidelines of any interactive computer service provided by us, or accessed through our Services;
- 14.provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; or
- 15.intentionally or unintentionally violate any applicable local, state, national, international, or foreign laws or regulations.
D. Please see the Code of Conduct for additional examples of prohibited Content or conduct. We generally reserve the right to protect our Subscribers, webcam models, and ourselves from unwanted and/or offensive communications.
7. Content Licenses
A. Your License to Us. You retain rights you already hold in any Content which you upload, post, transmit, or otherwise make available on or through our Services. By uploading, posting, transmitting, or otherwise making your Content available on or through our Services, you expressly grant us a royalty-free, perpetual, irrevocable, world-wide, transferable, non-exclusive license and right to use, copy, reproduce, modify, adapt, publish, translate, transmit, create derivative works of, distribute, communicate to the public, perform, and display the Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed. You represent that if you upload, post, transmit, or otherwise make your Content available on or through our Services, you have the legal authorization to do so. You also permit any Subscriber to access, display, view, copy, store, and reproduce the Content for personal use. You agree that the above-stated license includes a right for us to make such Content available to other companies, organizations, or individuals with whom we have relationships for the provision of services, and to use such Content in connection with the provision of those services. You understand that the technical processing and transmission of our Services, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Our Services record and retain Content uploaded, posted, transmitted, or otherwise made available through our Services.
B. Our License to You. You acknowledge that we carry Content under license from our Subscribers, webcam models, vendors, partners, and other persons, or entities. We own Rights in the formatting, coordination, arrangement, and technical enhancements of such Content on our Services. Our Rights are valid and protected in all media or technology now known or later developed. You understand that our Services and the Content carried by our Services may include security components that permit digital materials to be protected, and that use of this Content is subject to usage rules and practices set by us and/or our vendors, partners, and webcam models; who upload, post, transmit, or otherwise make Content available on our Services. You may not attempt to override or circumvent any of the usage rules and practices embedded into our Services or the Content accessible on our Services. Any unauthorized reproduction, publication, further distribution, or public exhibition of the Content carried, distributed, and/or transmitted on our Services, in whole or in part, is strictly prohibited.
8. Our Copyright and Trademark Notices and Policies
All Content on our Services is protected by U.S. and international copyright and trademark laws. We will diligently investigate and respond to notices of alleged infringement that comply with applicable intellectual property law, including without limitation the Digital Millennium Copyright Act (DMCA), and we will terminate the accounts of repeat infringers. You are encouraged to report any instances of alleged infringement.
9. Your Contact With Other Users or Entities
Your interactions, transactions or communications with other persons or entities found on or through our Services, including without limitation Subscribers, vendors, partners and webcam models, are solely between you and such third parties. We do not make any representations or warranties with respect to any Content, goods, or services (including websites) that may be obtained from or accessed through such third parties. You agree that we shall bear no liability for any loss or damage of any kind incurred as a result of any activities you undertake of your own volition in connection with any Content, goods, services, or other materials made available through such third parties. You acknowledge that such interactions may have their own terms and conditions, including privacy policies, over which we have no control.
10. Professional Advice
The Content on our Services is not intended to constitute professional advice. The opinions, advice, and information of Subscribers, vendors, partners, webcam models, persons, or entities accessed on or through our Services are their own. We are not responsible for the accuracy of or authority to provide the opinions, advice, and information, as well as all referencing materials, expressed in any Content carried by our Services. We are not responsible for any Subscriber's, vendor’s, partner’s, webcam model's, person's, or entity's intellectual property infringements. We do not refer, endorse, recommend, verify, evaluate, or guarantee any of the opinions, advice, information, and other products or services provided by Subscribers, webcam models, persons, or entities, and nothing carried by our Services shall be considered a referral, endorsement, recommendation, or guarantee of any Subscriber, webcam model, person, or entity.
11. Termination and Cancellation
A. Either party (you or we) may unilaterally terminate your subscription and/or account at any time. You may cancel your subscription by emailing firstname.lastname@example.org with your request.
B. If your account is terminated or canceled, no reimbursement or refund, including any subscription fees, will be granted. Any delinquent or unpaid accounts must be resolved before you may re-register with our Services.
12. Our Warranty Disclaimers
BY USING OUR SERVICES YOU UNDERSTAND AND AGREE THAT:
A. OUR SERVICES ARE PROVIDED FOR INFORMATIONAL, EDUCATIONAL, AND ENTERTAINMENT PURPOSES ONLY. THE CONTENT ON OUR SERVICES IS NOT INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER PSYCHOLOGICAL, MEDICAL, FINANCIAL, LEGAL, OR OTHERWISE. WE AND THOSE POSTING OR OTHERWISE PROVIDING CONTENT ON OR THROUGH OUR SERVICES, INCLUDING WITHOUT LIMITATION OTHER SUBSCRIBERS, VENDORS, PARTNERS, WEBCAM MODELS, PERSONS, OR ENTITIES, ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, CONTENT, OR OTHER MATERIAL ON OUR SERVICES.
B. YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. THESE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, UNDER ANY THEORY OF LAW (INCLUDING ANY UCC MATTERS) AND INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
C. WE MAKE NO REPRESENTATION OR WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, THAT OUR SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE, TIMELY, USEFUL, OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR NEEDS.
D. ANY CONTENT OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
E. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SERVICES OR THROUGH OR FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
13. Our Limitation Of Liability
BY USING OUR SERVICES YOU UNDERSTAND AND AGREE THAT:
A. YOU UNDERSTAND AND AGREE THAT, UNLESS PROHIBITED BY LAW, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, OUR SERVICES (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS AND/OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS OR DATA; (4) THE STATEMENTS, CONTENT OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; (5) RELIANCE ON CONTENT OR POSTINGS USING OUR SERVICES; OR (6) ANY OTHER MATTER RELATING TO THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL OUR DIRECT CUMULATIVE LIABILITY HEREUNDER EXCEED ONE HUNDRED DOLLARS ($100.00).
B. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
C. BOTH PARTIES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree to defend, indemnify, and hold us harmless, as well as our affiliated entities, officers, directors, employees, consultants, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and/or expenses (including without limitation attorney's fees) arising from or related to: (a) your use of, or access to, our Services including without limitation any Content carried thereon; (b) your violation of any term of this TOS or other policy; (c) your violation of any third party Right; or (d) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive the TOS and your use of our Services in perpetuity.
15. International Use and Users
Notwithstanding the global nature of the internet, you agree to comply with all applicable laws of the jurisdiction from which you access our Services. You agree to abide by United States and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload, post, transmit, or otherwise make available through our Services any data or software that cannot be exported without prior written government authorization, including without limitation certain types of encryption software. This assurance and commitment shall survive termination of this Agreement in perpetuity. IT IS YOUR RESPONSIBILITY TO UNDERSTAND THE RELEVANT LAWS OF THE JURISDICTION IN WHICH YOU ACCESS OUR SERVICES. At all times, you represent and warrant that you are not an individual, organization, or entity listed on The Office of Foreign Assets Control Specially Designated Nationals and Blocked Persons list, as published and updated by the U.S. Treasury Department.
16. California Resident Legal Notices
Pursuant to California Civil Code Section 1789.3, California Subscribers located in California are entitled to the following additional specific consumer rights information: The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
17. Additional General Terms
B. You agree and accept that as new products, services, and/or features become available on or through our Services, your use of these products or services is subject to and governed by this TOS. We reserve the right to, at our discretion, change, modify, add, or remove portions of this TOS or our Services at any time. We may change the TOS or our Services by posting such changes publicly. You agree to review the TOS periodically to be aware of such changes. If any change is unacceptable to you, you may terminate your subscription with us as provided for in the TOS. Your continued use of our Services following the Effective Date of any such change to the TOS or our Services constitutes acceptance of all such changes. Prior to using our Services, you may wish to print or save a copy of the most recent TOS for your records.
C. If any part of the TOS is held invalid or unenforceable, that portion shall be construed consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions remain in full force and effect. A waiver by either party of any term or condition of the TOS or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. You may not assign or otherwise transfer, by operation of law or otherwise, this Agreement or any rights or obligations herein. We may assign this Agreement to any entity at our sole discretion and without additional notice to you. The TOS shall be binding upon and shall inure to the benefit of the parties, their successors, and permitted assigns. We may choose to provide translations of the TOS for your convenience; however, you agree that the English version of the TOS is controlling.
18. Remedies and Choice of Law
Your sole remedy from any dispute arising out of this Agreement and/or your use of our Services is termination of your subscription account(s). Without regard to conflicts of law, you expressly agree that the laws of the United States and the State of Delaware shall govern the TOS, your subscription, and your use of and/or access to our Services, including without limitation any Content carried thereon. You expressly agree that exclusive jurisdiction for any such claim or dispute, including without limitation claims in tort arising out of your use or misuse of these Services, resides in the United States, in the courts of the State of Delaware. You further agree and expressly consent to the exercise of personal jurisdiction in the United States, in the State of Delaware, in connection with any dispute, cause of action, or claim arising out of the TOS and your subscription and/or use of our Services. Notwithstanding the above, Content or conduct available on or through our Services may also be subject to other local, state, and national laws.
- "Content" shall mean information, communications, instant messages, bulletin board posts, webcam sessions, profiles, software, photos, videos, graphics, music, images, audio text, streaming video, video chat sessions, conduct, and other material and services available on or through our Services.
- "Effective Date" shall mean the date that a change to the TOS or Service is publicly posted on our Services.
- "Personally-identifiable information" shall mean any information, data, or record that relates to your subscription or use of the Services and identifies you or your individual account, including without limitation your account information, Content, personal data, and/or sensitive information.
- "Rights" shall mean copyrights, trademarks, service marks, trade dress, domain name rights, right of publicity, privacy rights, moral rights, and other intellectual and proprietary rights.
- "Service(s)", "our", "us", "we" shall mean any services, products, software, websites, platforms, and/or URLs owned or operated by or in affiliation with PRIVATE VR, Inc.
- "Subscriber", "you", "your" shall mean a registered subscriber or authorized user of our Services.
- “Vendor / Partner” shall mean an independent third party who enters into a separate agreement with us for the carriage, distribution, and/or transmission of his or her Content, products, and/or services on or through our Services.
- "Webcam Model(s)" shall mean an independent content producer user who enters into a separate agreement with us for the carriage, distribution, and/or transmission of his or her Content on or through our Services.