1. You represent and warrant you are at least 18 or 21 years of age, whichever is the age of majority in your jurisdiction, and that you have the legal capacity to enter into this agreement. If you are not at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, you must exit the Sites immediately and may not use or access the Sites or print or download any materials or purchase any materials (as defined below) from them.
2. All models, actors, actresses and other persons that appear in any visual depiction of actual sexually explicit conduct appearing or otherwise contained in this Website were over the age of eighteen years at the time of the creation of such depictions. With respect to all visual depictions displayed on this website, whether of actual sexually explicit conduct, simulated sexual content or otherwise, all persons in said visual depictions were at least 18 years of age when said visual depictions were created. You understand that all models appearing on the Sites were at least 18 years of age at the time of all recording of their; and that the Sites contain no child pornography. We take a strong and definite stand against child pornography and only publish images of consenting adults for consenting adults. If you see any images, real or simulated, depicting minors engaged in sexual activity within the Sites, please report to email@example.com Include with your report any appropriate evidence, including the date and time. All reports will immediately be investigated and the appropriate action will be taken. We enthusiastically cooperate with any law-enforcement agency investigating child pornography. If you suspect other outside websites are participating in unlawful activities involving minors, please report them to www.asacp.org.
3. The material and content accessible from the Sites, and any other World Wide Web site owned, operated, licensed, or controlled by VIRTUAL MEDIA 360 ENTERTAINMENT SAS. (“The Web Site Operator ”) is the proprietary information and valuable intellectual property of The Web Site Operator or the party that provided the Materials to The Web Site Operator, and The Web Site Operator or the party that provided the Materials to The Web Site Operator retains all right, title, and interest in the Materials. Accordingly, the Materials may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of The Web Site Operator, except that you may print a copy of the Materials solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright notice, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Content except as expressly provided in these Terms and Conditions violates The Web Site Operator’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the Sites. All content included on the Sites, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software is the property of The Web Site Operator or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on each Site is the exclusive property of The Web Site Operator or its content suppliers and protected by United States and international copyright laws, as well as other laws and regulations.
4. To access the Sites or some of the resources they have to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of these Sites that all information you provide will be correct, current, and complete. If The Web Site Operator believes the information you provide is not correct, current, or complete, The Web Site Operator has the right to refuse you access to these Sites or any of its resources, and to terminate or suspend your access at any time. Subject to these Terms and Conditions and in consideration of your becoming a member to a Site, The Web Site Operator hereby grants you a limited, nonexclusive, nontransferable personal license to access the Sites and the Materials contained therein. Provided that you are a member in good standing to a Site, you may cache the Materials onto a single computer for your personal, non-commercial internal use only. All Materials on the Sites shall be for private use only, and all other uses are strictly prohibited. You agree to prevent any unauthorized copying of any of the Sites, or any of the Materials contained therein. Any unauthorized use of a Site or any of the Materials contained therein terminates this limited license effective immediately. This is a license to use and access a Site for its intended purpose and is not a transfer of title. Violators of this limited license may be prosecuted to the fullest extent under law.
5. You may use the Sites for purposes expressly permitted by the Sites. You may not use the Sites for any other purpose, including any commercial purpose whatsoever, without The Web Site Operator’s express prior written consent. Without the express prior written authorization of The Web Site Operator, you may not: (a) duplicate a Site or any of the Materials contained therein (except as expressly provided above in Section VII); (b) create derivative works based on a Site or any of the Materials contained therein; (c) use the Sites or any of the Materials contained therein for any commercial purpose, or for any public display, public performance, sale or rental; (d) distribute the Sites or any of the Materials contained therein; (e) remove any copyright or other proprietary notices from the Site or any of the Materials contained therein; (f) frame or utilize any framing techniques in connection with the Sites or any of the Materials contained therein; (g) use any meta-tags or any other “hidden text” using The Web Site Operator’ name or marks; (h) “deep-link” to any page of any of the Sites (including the homepage); (i) circumvent any encryption or other security tools used anywhere on the Sites (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of any of the Sites); (j) use any data mining, robots or similar data gathering and extraction tools on the Sites; (k) decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law; (l) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or any of your rights to access and use the Materials as granted in Section VII above; or (m) bookmark any page of any Site beyond the membership log-in screen. You agree to cooperate with The Web Site Operator in causing any unauthorized use to cease immediately. At any time, if the Sites provide a service enabling users to share information or communicate with other users, you hereby agree not to publish, disseminate or submit any defamatory, offensive or illegal material while using the Sites or other services included on the Sites. You are solely responsible for submitting any material that violates any laws even if a claim arises after your service is terminated, and, by doing so, your actions shall constitute a material breach of this Agreement and the Sites shall terminate all your rights under this Agreement. If users are allowed to share information and communicate with other users, you agree that all materials you submit will be accessible to other users and will not be secure or private. You hereby agree that you have been noticed that all communications submitted to the Sites can be accessed by agents, operators, and other users, regardless if they are the intended recipients of the messages.
6. You are responsible for providing all equipment and the computer necessary to access the Sites. You may access the non-public portion of any Site only by being a member in good standing to that Site. You may become a member of a Site by completing an online registration form. Upon submission of the online registration form, The Web Site Operator or its authorized agent will process the application. In connection with completing the online registration form, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member. You must promptly inform The Web Site Operator of all changes, including, but not limited to, changes in your address and changes in your credit card used in connection with billing for the Sites. If you provide any information that is untrue, inaccurate, not current or incomplete, or The Web Site Operator or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Web Site Operator has the right to suspend or terminate your account and refuse any and all current or future use of the Site or Sites.
7. As part of the registration process, you will select a unique user name and password which you must provide in order to gain access to the non-public portion of a Site. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to any Site to anyone who is below the age of majority in your state. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. The Web Site Operator will not release your password for security reasons. You agree to (a) immediately notify The Web Site Operator of any unauthorized use of your user name and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the Sites until you notify The Web Site Operator by email regarding that unauthorized use. Unauthorized access to the Sites is illegal and a breach of this Agreement. You may obtain access to your billing records regarding charges of your use of the Sites upon request.
8. You agree to pay all membership fees when due according to the billing terms. The Web Site Operator posts the current membership fees for each Site as part of the registration process. The Web Site Operator reserves the right to change any Site’s membership fees at any time, with or without prior notice to you. At the time of registration, you must select a payment method. The Web Site Operator reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your account will be deemed past due if it is not paid in full by the payment due date. If your account becomes past due, you agree to pay interest on the past due amount at a monthly rate of 1.5%, or the highest amount allowed by law, whichever is lower, compounded daily, plus any additional collection costs, credits, charge backs and attorney’s fees. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You are responsible for reimbursing The Web Site Operator for all credit card charge backs, dishonored checks and any related charges. You authorize The Web Site Operator and its agents to make payments for the services provided to you through the Sites by automatic check debit and credit card on your behalf. You hereby agree not to falsely report the credit card or check card lost or stolen, without good reason that it is lost or stolen, that you have used for payment of The Web Site Operator’ goods or services, including subscriptions. Such fraudulent reporting to avoid payment for goods or services that you or anyone under your authority has made to The Web Site Operator or the Sites when you have an outstanding charge to The Web Site Operator shall make you liable to The Web Site Operator for $25,000 in liquidated damages. This liability for liquidated damages is in addition to any other liability you may incur for breaches of any other Terms and Conditions in this Agreement.
9. If you believe that you have been erroneously billed, please notify us 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, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer.
10. The Web Site Operator does not provide cash refunds. We do, however, grant credits in the form of free monthly memberships to resolve customer service issues. The billing system used by The Web Site Operator or our authorized agents provides extensive credit card fraud protection measures and our Sites include many features to protect users from accidental charges. Therefore, refunds to your credit card will be provided only under the rarest of circumstances such as persistent technical problems originating with our equipment.
11. You may cancel your membership at any time through the third party who is processing your fees. Links to these third party processors are located in the customer service area within the non-public portion of the website. Otherwise you may cancel your membership by providing: (a) our customer service department with a notice of your intent to cancel the membership at least 48 hours before the renewal date along with your user name and password; and (b) any outstanding fees owed for your membership. You hereby agree to be personally liable for any and all charges made by you for goods or services through your use of the Sites. This Agreement’s provisions shall survive its termination, unless otherwise stated. Upon our processing of your request to cancel your membership, you will no longer have access to the non-public areas of the Site or Sites to which you were a member. The Web Site Operator may terminate your access to a Site at any time, with or without advance notice, if: (a) The Web Site Operator believes that you have breached any material term of these Terms and Conditions, (b) if you fail to pay any amount due by the payment due date; or (c) The Web Site Operator decides to cease operations or to otherwise discontinue any of the Sites. Further, you agree that neither The Web Site Operator nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to any of the Sites. You agree that if your account is terminated by The Web Site Operator, you will not attempt to re-register as a member without prior written consent from The Web Site Operator.
12. This website and our service is provided on an “as is” and “as available” basis. We, and our parent, subsidiaries, affiliates, directors, agents, employees and/or suppliers expressly disclaim any and all warranties, whether express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement of the rights of third parties. We, and our parent, subsidiaries, affiliates, directors, agents, employees and/or suppliers, disclaim all responsibility for any loss, injury, claim, liability, or damage of any kind, including, but not limited to, those resulting from, arising out of, or any way related to your use of our website or service, including: A. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the website; B. Any third party websites or third party applications, software and/or content, directly or indirectly, accessed through hyperlinks on the website (including any errors in or omissions therefrom); C. Any modification, unavailability, delay or cancellation of the service, or any portion thereof, with or without notice to you for any or no reason; D. Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; E. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services (including but not limited to seizures and other personal injuries arising from your use of virtual reality headsets to view the website); or, F. Problems or technical malfunction of any computer or mobile networks, computer online systems, servers, internet access providers, computer equipment, software, or any combination thereof (including any injury or damage to your, or any other person’s, computer as a result of using the website), whether or not caused by us. All warranties, terms and conditions, express or implied by statute, common law or otherwise, are excluded to the maximum extent permitted under applicable laws. As a visitor to the website, any reliance on or use by you of any content is entirely at your own risk. There is no guarantee that personal information and transactions on this website, or on the internet generally, is or will be confidential and secure. The use of this website and the services are at your own risk.
13. Disclaimer of damages. To the maximum extent permitted by law, in no event will we, or our affiliates, agents, employees and/or suppliers, be liable to you, or any other party, for any loss, injury, claim, liability, or damage of any kind resulting from your use of our website or service. Furthermore, we will not be liable for any special, direct, indirect, incidental or consequential damages of any kind whatsoever (including, but not limited to, legal fees or court costs) in any way due to, resulting from, or arising in connection with the use of or inability to use our service, website, or any content contained therein, regardless of whether any of the foregoing is determined to constitute a fundamental breach or failure of essential purpose. You agree that any cause of action related to our services must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred. This article does not exclude or limit our liability for fraud committed by us or from any other liability that cannot be limited or excluded by law. Third parties. You agree that we are not liable, and you will not to seek to hold us liable, for the conduct of third parties, including operators of external sites, and that the risk of injury from such third parties rests entirely with you. You are solely responsible for all of your communications and interactions with other users. Basis of the bargain. The disclaimer of warranties and limitations of damages set forth above are fundamental terms by which we provide our services to you and they are the essential basis by which we make the services available to you on an economically feasible basis.
14. The Web Site Operator respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide The Web Site Operator’ Copyright Agent the following information: (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) A description of the copyrighted work or other intellectual property that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on a Site; (d) Your address, telephone number, and email address; (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. You may send your Notice of Claimed Infringement to our Service Provider Designation of Agent to Receive Notification of Claims of Infringement
Virtual Media 360 Entertainment SAS firstname.lastname@example.org Please do not sent other inquires or information to our Designated Agent.
15. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the “DMCA”) or any other applicable intellectual property legislation or laws. Responses may include removing, blocking or disabling access to material claimed to be the subject of infringing activity, terminating the user’s access to www.virtual360sexxx.com, or all of the foregoing. If you believe any material accessible on www.virtual360sexxx.com infringes your copyright, you may submit a copyright infringement notification (see below, “Filing a DMCA Notice of Copyright Infringement” for instructions on filing such a notice). These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf. If we remove or disable access to material in response to such a notice, we will take reasonable steps to notify the user that uploaded the affected content material that we have removed or disabled access to so that the user has the opportunity to submit a counter notification (see below, “Counter-Notification Procedures” for instructions on filing a counter notification). It is our policy to document all notices of alleged infringement on which we act. All copyright infringement notifications and counter-notifications must be written in English. Any attempted notifications written in foreign languages or using foreign characters may, at our discretion, be deemed non-compliant and disregarded. Filing a DMCA Notice of Copyright Infringement If you choose to request removal of content by submitting an infringement notification, please remember that you are initiating a legal process. Do not make false claims. Misuse of this process may result in the suspension of your account or other legal consequences. In accordance with the DMCA, the written notice (the “DMCA Notice”) must include substantially the following: Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. If your complaint does not contain the specific URL of the video you believe infringes your rights, we may be unable to locate and remove it. General information about the video, such as a channel URL or username, is typically not adequate. Please include the URL(s) of the exact video(s). Adequate information by which we, and the uploader(s) of any video(s) you remove, can contact you (including your name, postal address, telephone number and, if available, e-mail address). A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law. A statement that the information in the written notice is accurate, and under penalty of perjury, that you are the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed. Complete complaints require the physical or electronic signature of the copyright owner or a representative authorized to act on their behalf. To satisfy this requirement, you may type your full legal name to act as your signature at the bottom of your complaint. Our designated copyright agent to receive DMCA Notices is: email@example.com Please do not send other inquiries or requests to our designated copyright agent. Absent prior express permission, our designated copyright agent is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to receive valid DMCA Notices or Counter-Notices (as defined below) is expressly disclaimed. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on Virtual360Sexxx.com is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. The copyright owner’s name will be published on Virtual360Sexxx.com in place of disabled content. This will become part of the public record of your DMCA Notice, along with your description of the work(s) allegedly infringed. All the information provided in a DMCA Notice, the actual DMCA Notice (including your personal information), or both may be forwarded to the uploader of the allegedly infringing content. By submitting a DMCA Notice, you consent to having your information revealed in this way. Counter-Notification Procedures If you have received a DMCA Notice and believe that material you posted on Virtual360Sexxx.com was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”). Counter notifications must be submitted by the video’s original uploader or an agent authorized to act on their behalf. Counter-notices must be sent to our designated agent: firstname.lastname@example.org Please do not send other inquiries or requests to our designated copyright agent. Absent prior express permission, our designated copyright agent is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to receive valid DMCA Notices or Counter-Notices is expressly disclaimed. Pursuant to the DMCA, the Counter-Notice must include substantially the following: Your name, address, phone number and physical or electronic signature; Identification of the allegedly infringing content and its location before removal or access to it was disabled; A statement under penalty of perjury that you believe in good faith that the content was removed by mistake or misidentification; and A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which you are located (or if you are outside the U.S., for any judicial district in which the operator of Virtual360Sexxx.com may be found), and that you will accept service of process from the person who originally provided us with the DMCA Notice or an agent of such person. We will not respond to Counter-Notices that do not meet the requirements set out above. After we receive your Counter Notice, we will forward it to the party who submitted the original DMCA Notice and inform that party that the removed material may be restored after 10 business days but no later than 14 business days from the date we received your Counter Notice, unless our Designated Agent first receives notice from the party who filed the original DMCA Notice informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that when we forward your Counter Notice, it will include your personal information. By submitting a counter notification, you consent to having your information revealed in this way. We will not forward the counter notification to any party other than the original claimant or to law enforcement or parties that assist us with enforcing and protecting our rights. Please be aware that if you knowingly materially misrepresent that material or activity on Virtual360Sexxx.com was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. Repeat Infringers In accordance with the DMCA and other applicable law, we have adopted a policy of terminating or disabling, in appropriate circumstances and at our sole discretion, the accounts of users who are deemed to be repeat infringers. We may also at our sole discretion limit access to Virtual360Sexxx.com, terminate or disable the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
16. The Web Site Operator shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, including Y2K errors or omissions, for so long as such event continues to delay The Web Site Operator’ performance.