Terms of Use

 

Please review these terms and conditions of use carefully before using our websites and applications, including, without limitation, DeoVR.com and the DeoVR application.

 

This document states the terms and conditions (“Terms”) upon which Infomediji d.o.o., a Slovenian company (“we” or “us”) will provide service to you on its websites and applications, including, without limitation, the above listed websites and the services and applications available thereon and therethrough (collectively, the “Website”). These Terms constitute a contractual agreement between you and us. By visiting, accessing, using, and/or joining (collectively “using” or “use”) the Website, you express your understanding and acceptance of these Terms. As used in this document, the terms “you” or “your” refers to you, any entity you represent, your or its representatives, successors, assigns and affiliates, and any of your or their devices. If you do not agree to be bound by these Terms, navigate away from the Website and cease using it.

 

NOTICE REGARDING DISPUTE RESOLUTION: These Terms contain provisions governing how claims between you and us are resolved, including an agreement and obligation to arbitrate disputes, which, with limited exceptions, requires you to submit claims you may have against us to binding arbitration. Pursuant to the arbitration clause, you will only be permitted to pursue claims against us on an individual basis and not as part of any class or representative action or proceeding, and you will only be permitted to seek relief on an individual basis.

1. Eligibility and Accounts

1. You must be at least 13 years old to use the Website. However, if you are under 18 years old, or the age of majority in your jurisdiction is greater than 18, at least the age of majority, then you must obtain and represent that you have obtained your parent or guardian’s permission to use the Website. Please have them read these Terms with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Website, you are subjecting yourself to these Terms and are responsible for your child’s activities on the Website. Use of the Website is not permitted where prohibited by law.

2. You may be required to create an account with us (an “Account”) to use the Website to its fullest extent. You represent and warrant that all information that you provide to us in creating your Account is complete and accurate. You shall update such information when it changes or when we request.

3. You shall not use another person or entity’s Account without authorization. You shall be solely responsible for maintaining the confidentiality of and restricted access to your Account. You shall be solely responsible for all activities that occur under your Account. You shall notify us immediately of any breach of security or unauthorized use of your Account. Pursuant to the terms herein, we shall not be liable for any losses resulting from any unauthorized use of your Account and, in addition to Sections 12 and 13 hereof, you hereby indemnify us and hold us harmless for any such unauthorized use. You acknowledge and understand that anyone who gains access to your Account will gain access to all of your data on your Account, including any private content.

4. The consideration for your knowing acceptance of these Terms is that we are providing you the Grant of Use to use the Website pursuant to Section 2 hereof. You acknowledge and agree that this consideration is adequate and that you have received the same upon use of the Website.

 

2. Grant of Use and Termination

1. We grant you a non-exclusive, non-transferable and limited right to access, non-publicly display, and use the Website, including the content available therein (the “Content”) (subject to the technical restrictions of the Website) on your computer or mobile device for noncommercial purposes and otherwise consistent with these Terms. You may only access and use the Website for your personal and noncommercial use.

2. This grant is terminable by us at will for any reason and at our sole discretion, with or without prior notice. Upon termination, we may, but shall not be obligated to: (i) delete or deactivate your account, (ii) block your e-mail and/or IP addresses or otherwise terminate your use of and ability to use the Website, and/or (iii) remove and/or delete any of your User Submissions (defined below). You agree not to use or attempt to use the Website after said termination. Upon termination, the grant of your right to use the Website shall terminate, but all other portions of these Terms shall survive. You acknowledge that we are not responsible to you or any third party for the termination of your grant of use.

 

3. Intellectual Property

1. The Content on the Website, excluding User Submissions and Third Party Content (defined below), but including other text, graphical images, photographs, music, video, software, scripts and trademarks, service marks and logos contained therein (collectively “Proprietary Materials”), are owned by and/or licensed to us. All Proprietary Materials are subject to copyright, trademark and/or other rights under the laws of applicable jurisdictions, including domestic laws, foreign laws, and international conventions. We reserve all our rights over our Proprietary Materials.

2. Except as otherwise explicitly permitted hereunder, you agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any other way exploit, in whole or in part, any Content.

4. User Submissions

1. You are entirely responsible for any and all materials you stream, upload, submit or otherwise make available via the Website, including videos or any other communications or profile information (collectively, “User Submissions”). User Submissions cannot always be withdrawn. You acknowledge that any disclosure of personal information in User Submissions may make you personally identifiable and that we do not guarantee any confidentiality with respect to User Submissions.

2. You shall be solely responsible for any and all of your own User Submissions and any and all consequences of posting, uploading, publishing or otherwise making them available. For any of your User Submissions, you affirm, represent and/or warrant that:

i.         You own or have the necessary licenses, permissions, rights or consents to use and authorize us to use all trademarks, copyrights, trade secrets or other proprietary rights in and to User Submissions for any and all uses contemplated by the Website and these Terms.

iii.         You have written consent, release, and/or permission from each and every identifiable individual in the User Submission to use the name and/or likeness of each and every such identifiable individual to enable use of the User Submission for any and all uses contemplated by the Websites and these Terms.

3. You further agree that you shall not post, upload, publish or otherwise make available material that:

i.         Is copyrighted, protected by trade secret or trademark laws, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have explicit permission from the rightful owner to submit the material and to grant us all of the license rights granted herein;

ii.         Is obscene, vulgar, pornographic, illegal, unlawful, defamatory, fraudulent, libelous, harmful, harassing, abusive, threatening, invasive of privacy or publicity rights, hateful, racially or ethnically offensive, inflammatory, or otherwise inappropriate as decided by us in our sole discretion;

iii.         Depicts illegal activities, promotes or depicts physical harm or injury against any group or individual, or promotes or depicts any act of cruelty to animals;

iv.         Impersonates any person or entity or otherwise misrepresents you in any way, including creating a false identity;

v.         Would constitute, encourage or provide instructions for a criminal offense, a violation of the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;

vi.         Is unsolicited or unauthorized advertising, promotion, “spam” or any other form of solicitation; or

vii.         Is in contravention to any other rules or provisions set forth on the Website, including any rules set forth in the Website’s “Upload Rules,” or similar provisions, as may be created or updated from time to time.

4. We claim no ownership or control over User Submissions or Third Party Content. You or a third-party licensor, as appropriate, retain all copyrights to User Submissions and you are responsible for protecting those rights as appropriate. You irrevocably grant us a world-wide, non-exclusive, royalty-free, perpetual, non-cancelable, sub-licensable license to reproduce, publicly perform, publicly display, distribute, adapt, modify, publish, translate, create derivative works of and otherwise exploit User Submissions for any purpose, including without limitation any purpose contemplated by the Website and these Terms. Furthermore, you also grant other users of the Website a right and license to display, stream and download User Submissions in connection with their use of the Website and for other personal use. You also irrevocably waive and cause to be waived against us and any of our users any claims and assertions of moral rights or attribution with respect to User Submissions. 

5. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to User Submissions. Specifically, you represent and warrant that you own the title to the User Submissions, that you have the right to upload the User Submissions to the Website, and that uploading the User Submissions will not infringe upon any other party’s rights or your contractual obligations to other parties.

6. You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any User Submission for any reason, or for no reason at all, with or without notice. You acknowledge that we may monetize User Submissions in our discretion, including by serving advertisements with User Submissions, without any obligation, liability, or payment to you, unless such User Submissions are accepted as Monetized Content as set forth below in our sole discretion.

7. Promptly upon our request, you must provide to us all reasonably requested documentation to confirm (1) your ownership of all rights in your User Submissions, or your rights to use such User Submissions, (2) your right to make upload such User Submissions to the Website, and (3) your representations, warranties, and statements made herein.

8. Without limiting the other indemnification provisions herein, you agree to defend us against any claim, demand, suit or proceeding made or brought against us by a third-party alleging that your User Submissions or your use of the Website in violation of these Terms infringes or misappropriates the intellectual property rights of any third-party or violates applicable law and you shall indemnify us for any and all damages against us and for reasonable attorney’s fees and other costs incurred by us in connection with any such claim, demand, suit or proceeding.

9. If you make any suggestions to us about improving the Website or adding new features to the Website, you are assigning to us the right to use your suggestions without any compensation to you.

 

5. Content on the Website

1. You understand and acknowledge that, when using the Website, you will be exposed to content from a variety of sources including content made available on the Website by other users, services, parties and through automated or other means (collectively, “Third Party Content”) and that we do not control and are not responsible for any Third Party Content. You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent or otherwise objectionable or may cause harm to your computer systems and, without limiting the other limitation of liability provisions herein, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto.

2. We claim no ownership or control over Third Party Content. Third parties retain all rights to Third Party Content and they are responsible for protecting their rights as appropriate.

3. You understand and acknowledge that we assume no responsibility whatsoever for monitoring the Website for inappropriate content or conduct. If at any time we choose, in our sole discretion, to monitor such content, we assume no responsibility for such content, have no obligation to modify or remove any such content (including User Submissions and Third Party Content), and assume no responsibility for the conduct of others submitting any such content (including User Submissions and Third Party Content).

4. Without limiting the provisions below on limitations of liability and disclaimers of warranties, all Content (including User Submissions and Third Party Content) on the Website is provided to you “AS-IS” for your information and personal use only and you shall not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit for any other purpose whatsoever the Content without the prior written consent of the respective owners/licensors of the Content.

5. You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any Content for any reason, or for no reason at all, with or without notice.

 

6. User Conduct and Covenants

1. You represent and warrant that all the information and content provided by you to us is accurate and current and that you have all necessary rights, power and authority to (i) agree to these Terms, (ii) provide the User Submissions to us, and (iii) perform the acts required of you under these Terms.

2. You hereby expressly authorize us to monitor, record and log your use of the Website, including, without limitation, your chats, streams, messages, interactions with other users and User Submissions.

3. As a condition of your use of the Website:

1. You agree not to use the Website for any unlawful purpose or in any way that is prohibited by these Terms;
2. You agree to abide by all applicable local, state, national and international laws and regulations;
3. You agree not to use the Website in any way that exposes us to criminal or civil liability;
4. You agree that you are solely responsible for all acts and omissions that occur as a result of your use of the Website;
5. You agree that all your User Submissions that you provide to us belongs to you and that you have the right and authority to provide it to us;
6. You agree to maintain the security of your login password and to be fully responsible for any and all use of your account;
7. You agree not to use or attempt to use any other party’s account on the Website without authorization;
8. You agree not to use any automated means, including robots, crawlers or data mining tools, to download, monitor or use data or Content from the Website;
9. You agree not to use the Website to collect usernames and/or e-mail addresses for sending unsolicited messages of any kind;
10. You agree not to take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it;
11. You agree not to “stalk” or otherwise harass anyone on or through the Website;
12. You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any information you transmit (including by using VPNs);
13. You agree not to disable, circumvent, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any content or which enforce limitations on the use of the Website or the content therein;
14. You agree not to post, link to, or otherwise make available on the Website any material that contains software viruses or any computer code, file or program designed to interrupt, destroy, limit or monitor the functionality of any computer software or hardware or any telecommunications equipment;
15. You agree not to license, sublicense, sell, resell, transfer, assign, distribute or otherwise in any way commercially exploit or make available the Website or any Content to any third party;
16. You agree not to “frame” or “mirror” the Website;
17. You agree not to reverse engineer any portion of the Website;
18. You agree not to remove any copyright or other proprietary notices from the Website or any of the Content;
19. You agree to use the Content on the website for personal use only and not to share the Content with any other person or entity, including, without limitation, by making copies for non-personal use, placing Content on file sharing services, broadcasting the Content, distributing the Content, and making any commercial use of the Content. You agree that none of the foregoing shall be considered “fair use.” Sharing or distributing any Content accessed from the Website will constitute Copyright Infringement and we and our affiliates reserve the right to take all legal action against you for the same;
20. You agree not to use the Website to promote, facilitate or engage in any form of human trafficking or prostitution; and
21. You agree not to share or otherwise distribute other users’ (including, without limitation, other users’) personally identifiable information, including, without limitation, their names, contact information, geographical information, telephone numbers or any other information whatsoever.

4. We reserve the right to take appropriate action against any user for any unauthorized use of the Website, including civil, criminal, and injunctive redress and the termination of any user’s use of the Website. Any use of the Website and our computer systems not authorized by these Terms is a violation of these Terms and certain international, foreign and domestic criminal and civil laws.

 

7. Payments; Memberships/Subscriptions; Fees.

1. To access specific Content on the website, including access or memberships to stream and/or download certain Content, or pay for access to other Content, you must make purchase(s). Prices for access to Content and other services and activities will be posted on the Website and may change from time to time in our and our affiliates’ sole discretion. Prices are subject to change and may vary due to various reasons, including special and limited promotional offers. All payments must be made with your valid credit card, debit card, or other method of payment that we may make available from time to time, the information of which may be kept on file by us or by our payment processing contractor. Fees for tokens must be paid in advance of you using them. Tokens have no cash value and may only be used on the Website.

2. In order to make a purchase, you may be asked to supply certain information to allow us to process and authorize your purchase, including, without limitation, your name, address, card number, card expiration date, card security number, account numbers, and/or other information. You represent and warrant that (i) you have the legal right to use the form of payment that you use and that (ii) the information that you are providing with that form of payment is true and correct. You acknowledge that we may use a third party for the purposes of processing or facilitating any payment and that by submitting your information to us you grant us the right to provide this information to such third parties.

3. Some Content may be made available on an individual or similar basis (where, e.g., you pay for access to a single video) and other Content may be made available on a subscription bases (where you get access, e.g., to a subset of videos for time period that you are subscribed). Costs for all available methods for accessing content will be posted on the Website and may change from time to time. When purchasing a subscription, fees for the indicated period of the subscription must be paid in advance of the period for which you seek to use it. You may not have access to subscription content if you have not paid your subscription fee for that content for that time period.

4. We reserve the right to refuse, cancel or terminate your order and/or subscription for any time and for any reason in our sole discretion. Without limiting the foregoing, we reserve the right to refuse, cancel or terminate your order and/or subscription because of product or service unavailability, errors in the description or price of our product or service and errors in your order.

5. For your convenience and satisfaction, all subscriptions will automatically renew upon expiration unless your subscription is cancelled prior to the end of the then current subscription period. Pursuant to the following paragraph, upon all automatic renewals, we will automatically charge your payment method on file.

6. YOUR PAYMENT METHOD ON FILE MAY BE AUTOMATICALLY CHARGED FOR YOUR FUTURE PURCHASES AND/OR THE NEXT SUBSCRIPTION PERIOD FOR YOUR SUBSCRIPTIONS. YOU HEREBY AUTHORIZE US AND OUR AGENTS (INCLUDING PAYMENT PROCESSORS WE MAY USE) TO CHARGE YOUR PAYMENT METHOD ON FILE FOR SUCH PAYMENTS ON YOUR BEHALF.

7. You agree not to report as fraudulent, lost or stolen any form of payment which you have used in connection with payment to us, for which you do not have a good faith reason to believe is in fact fraudulent, lost or stolen. You agree not to report as unauthorized any charge by us for any goods or services, including subscriptions, for which you do not have a good faith reason to believe is in fact unauthorized. The liability specified in this paragraph will not limit our rights or any other liability you may have for any other reason, including a breach of any other provision of these Terms.

8. Due to the nature of this website, we can only issue refunds on a case-by-case basis and when there is a provable issue with the content that you have received. You are responsible for ensuring that your order is correct before making a purchase.

9. We reserve the right to issue non-monetary penalties against you and your Account in case of chargebacks and/or refunds. Without limiting the generality of the foregoing, we may place restrictions on you limiting future purchases on the Website.

10. If six (6) months passes without you logging into your Account, we reserve the right to expire any tokens or other value in your Account. You will not be able to use any expired tokens or other value and they will be removed from your Account.

11. You acknowledge that if you are engaged in any activity that bills you per-second or per-minute, you must exit such activity to stop the billing of the same. You also acknowledge that if you run out of purchased tokens or funds while engaged in such activity, your ability to engage in such activity will halt. We reserve the right to round prices. You acknowledge or understand that if there is a technical issue with your device or internet connection or any other system outside of our direct control, that you may continue to be billed for any per-second or per-minute activity and that you are solely responsible for the same and we take no responsibility therefore.

12. You acknowledge that other users may engage in any activities in their discretion while in accordance with the terms of these Terms and other rules and regulations posted on the Website and pursuant to the functionality of the Website. Without limiting the generality of the general release provisions below, if you have any disputes with any other persons on the Website, you acknowledge that your dispute is solely with said person and you release us from any liability.

 

8. Special Accounts

1. In our discretion, we may choose to give you a specialized account (a “Special Account”) for monetizing your User Submissions (“Monetized Submissions”). Special Accounts shall be subject to all provisions hereof applicable to regular Accounts, and all Monetized Submissions shall be subject to all provisions hereof applicable to User Submissions, but the additional terms and provisions of this Section shall further apply. Any content that you may submit to be Monetized Submissions may be rejected or removed from such status in our sole discretion at any time, for any or no reason. We may withdraw a Special Account from you at any time in our sole discretion, for any or no reason.

2. You acknowledge that by uploading Monetized Submissions, you are giving authorized users a nonexclusive, royalty-free right to continue to view and use Monetized Submissions on the Website as long as the users maintain the specific memberships that include access to the Monetized Submissions, or for otherwise as long as the basis for their access to the Monetized Submissions lasts. You acknowledge that we may provide different forms of memberships from time to time in our discretion, including, for instance, memberships to access a library of content from a variety of sources, in which case you may chose which of your Monetized Submissions will be made available in any of the available memberships being offered by us. Alternatively, you may make your Monetized Submissions available on the website as “pay per video” content, under which users who purchase access to such content will receive a nonexclusive, royalty-free right to continue to view and use such content on the Website indefinitely (except as otherwise explicitly set forth herein). Monetized Submissions may also be monetized via advertisements, subject to the terms, conditions, and availabilities of such programs as made available and modified by us from time to time in its sole discretion, with payment formulas as may be instituted by us in our discretion. We may discontinue membership models and monetization models, and start new membership models and monetization models, in our discretion from time to time.

3. Once you submit Monetized Content to us for use on the Website, you may remove such content from the Website from future sales or distribution by providing notice to us of the Monetized Content to be removed, and we shall have ten (10) business days to remove it after receipt of such notice, during which time we may continue to make the content available to authorized users. However, you acknowledge that, in certain circumstances, including if a user purchases access to Monetized Content on a “pay per video” basis, we may continue to give users access to such content even after you remove such content from the Website for future sale/monetization, and even if and after this Agreement is terminated.

4. You acknowledge and agree that Monetized Content may not be made generally available on the Website, or accepted into any monetization program, until we have conducted any review which we may instate and approve the same for posting on the Website. We may in our sole discretion refuse to post Monetized Content or accept Monetized Content into any program for any or no reason.

5. You hereby grant us the right to use your name (including any trademarks, service marks, or other identifying material) and the names relating to any of your Monetized Content, and the persons appearing in any such Monetized Content, on the Website to promote the Monetized Content and the Website.

6. For any accepted Monetized Content, we will pay you for the Monetized Content made available to users on the Website based on such formulas as may be implemented and changed from time to time in our discretion and as described on our Website (“Payment Formulas”). We reserve the right to modify Payment Formulas upon thirty (30) days’ advanced written notice, and such notice may be given by making postings to the Website. You acknowledge that under no circumstances shall you ever be entitled to any portion of any amounts received for your Monetized Content that constitutes or must be paid for billing and payment processing costs, other direct overhead, and VAT and other taxes. Prices charged for memberships and other monetization are solely within our discretion, and may be changed from time to time in our discretion. Without limiting the generality of the foregoing, we may make sales or otherwise discount memberships or monetization programs from time to time.

7. We will pay you any amounts due pursuant to Payment Formulas in accordance with our standard practices as may be established or modified from time to time in our discretion. We may require you to accrue a reasonable minimum amount before making any payments to you, the minimum amount to be set or changed by us in our discretion between US$100 and US$1,000. You must provide us with requested banking or payment processor information upon our request in order to allow us to make payments hereunder. Furthermore, we may require you to complete certain tax documents and we may withhold all payments accrued until such time as you submit these documents to our satisfaction. We assume no responsibility for paying any taxes (including VAT), banking commissions, or currency fees on your behalf and you agree and acknowledge that you assume complete and sole responsibility for all of the same resulting from the transactions contemplated hereby. Without limiting the generality of the foregoing, if you are a natural person, we may condition the payment of any amounts accrued hereunder until such time as you register as a suitable business entity as decided in our reasonable discretion, and you assign all your rights to all proceeds hereunder to such entity.

9. Privacy Policy

1. We may retain a separate Privacy Policy and your assent to these Terms also signifies that you have read and understand the Privacy Policy as it may currently exist. We reserve the right to amend the Privacy Policy at any time by posting such amendments to the Website. No other notification may be made to you about any amendments. Your continued use of the Website following such amendments will be deemed your acknowledgement of the Privacy Policy.

 

2. You acknowledge that we may collect and use technical data and related information, including but not limited to technical information about your device, system and Website software, and peripherals, that is gathered periodically to facilitate the provision of updates to the Website. You also acknowledge that we may sell information regarding you to third parties for marketing purposes.

3. You understand, acknowledge and agree that we may access, preserve and disclose your information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably desirable or necessary for us.

10. Copyright and Intellectual Property Claims

1. We respect the intellectual property rights of others. You may not infringe the copyright, trademark or other proprietary informational rights of any party. We may in our sole discretion remove any Content we have reason to believe violates any of the intellectual property rights of others and may terminate your use of the Website if you submit any such Content.

2. Repeat Infringer Policy. As part of our repeat-infringement policy, any user for whose Content we receive three good-faith and effective complaints within any contiguous six-month period will have his grant of use of the Website terminated.

3. Although we are not subject to United States law, we voluntarily comply with the Digital Millennium Copyright Act. Pursuant to Title 17, Section 512(c)(2) of the United States Code, if you believe that any of your copyrighted material is being infringed on the Website, we have designated an agent to receive notifications of claimed copyright infringement. Notifications should be e-mailed to dmca@deovr.com.

4. All notifications not relevant to us or ineffective under the law will receive no response or action thereupon. An effective notification of claimed infringement must be a written communication to our agent that includes substantially the following:

i.         Identification of the copyrighted work that is believed to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., a URL) of an authorized version of the work;

ii.         Identification of the material that is believed to be infringing and its location. Please describe the material and provide a URL or any other pertinent information that will allow us to locate the material on the Website;

iii.         Information that will allow us to contact you, including your address, telephone number and, if available, your e-mail address;

iv.         A statement that you have a good faith belief that the use of the material complained of is not authorized by you, your agent or the law;

v.         A statement that the information in the notification is accurate and that under penalty of perjury that you are the owner or are authorized to act on behalf of the owner of the work that is allegedly infringed; and

vi.         A physical or electronic signature from the copyright holder or an authorized representative.

5. If your User Submission is removed pursuant to a notification of claimed copyright infringement, you may provide us with a counter-notification, which must be a written communication to our above listed agent and satisfactory to us that includes substantially the following:

i.        Your physical or electronic signature;

ii.         Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

iii.         A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

iv.         Your name, address, telephone number, email address and a statement that you consent to the jurisdiction of the courts in the address you provided, Slovenia and the location(s) in which the purported copyright owner is located; and

v.         A statement that you will accept service of process from the purported copyright owner or its agent.

 

11. Modification of These Terms

We reserve the right to amend these Terms at any time by posting such amended Terms to the Website. No other notification may be made to you about any amendments. YOU ACKNOWLEDGE THAT YOUR CONTINUED USE OF THE WEBSITE FOLLOWING SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENTS, REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ THEM.

12. Indemnification and Release

1. To the fullest extent of the law, you accept full responsibility for, shall indemnify us and hold us harmless for any damages or threatened, pending or completed action, suit, proceeding or alternative dispute resolution mechanism, or any hearing inquiry or investigation that we believe may lead to the institution of any such action, suit, proceeding or alternative resolution mechanism, whether civil, criminal, administrative, investigative or otherwise, or damages suffered (hereinafter, collectively, a “Claim”) by reason of, connected to, or arising in part or in whole out of (a) your use of the Website, (b) your User Submissions, (c) your breach of this Agreement, or (d) any allegation that your User Submissions infringe the intellectual property rights (including, without limitation, patent, trademark, copyright and trade secret rights) of a third party. You shall indemnify us against any and all expenses, losses, claims, damages, and liabilities, joint or several, including, without limitation, attorney’s, investigation, legal, court and other out-of-pocket obligations, fees and costs, and costs of being a witness, incurred by reason of, in connection with or arising in part or in whole out of such Claims.

2. In the event that you have a dispute with one or more other users or any third parties, you hereby release us, our officers, employees, agents and successors-in-right from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Website.

3. We may, in our discretion and from time to time, allow you to broadcast videos. In such case as you broadcast videos, you voluntarily assume all risks associated with the same, releasing us for the same, and you acknowledge that others may be able to (legally or illegally) record, store or republish your broadcast (or any portion thereof). Without limiting the foregoing, you release us from any and all claims arising from your broadcasting, including, without limitation, for claims relating to invasion of privacy, defamation and/or intellectual property infringement.

4. Although we take efforts to prevent the Website from being used for any fraudulent purposes, you acknowledge and understand that you engage in any transaction outside of the features of the Website at your own risk and that we are not in any manner responsible for any damages you suffer as a result thereof. Without limiting the foregoing, you hereby acknowledge and understand that you solely bear the risk of sending money to anyone you interact with through the Website outside of sending tokens through the website and you release us for the same. You understand and acknowledge that if any user requests funds from you for travel assistance, medical assistance, subsistence or for any other reason, it is highly likely that the request is fraudulent.

5. All of the above provisions shall be deemed to apply to the benefit of our parent companies, subsidiaries, directors, officers, employees, agents, designees, contractors, affiliates, subsidiaries, successors and assigns as well.

13. Disclaimer of Warranties and Limitations of Liabilities

1. READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW (BUT NO FURTHER).

2. The Website may contain links to third-party websites which are independent of us. We assume no responsibility for the content, privacy policies, or practices of and make no representation or warranty as to the accuracy, completeness or authenticity of information contained in any third party websites. We have no right or ability to edit the content of any third party websites. You acknowledge that we shall not be liable for any and all liability arising from your use of any third party websites.

3. The Website is provided “AS-IS” and without any warranty or condition, express, implied or statutory. We specifically disclaim to the fullest extent any implied warranties of merchantability, fitness for a particular purpose, non-infringement, information accuracy, integration, interoperability or quiet enjoyment. We disclaim any warranties for viruses or other harmful components in connection with the Website.

4. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, WHETHER, WITHOUT LIMITATION, SUCH DAMAGES ARISE FROM (i) YOUR USE, MISUSE OR INABILITY TO USE THE WEBSITE, (ii) YOUR RELIANCE ON ANY CONTENT ON THE WEBSITE, (iii) THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR COMPLETE DISCONTINUANCE OF THE WEBSITE OR (iv) THE TERMINATION OF SERVICE BY US. THESE LIMITATIONS ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW SOME LIMITATIONS OF LIABILITY, THEREFORE, IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

5. WE DO NOT WARRANT THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (v) ANY ERRORS IN CONTENT WILL BE CORRECTED.

6. ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT.

7. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR RELATING TO THESE TERMS EXCEED $100.

8. All of the above provisions shall be deemed to apply to the benefit of our parent companies, subsidiaries, directors, officers, employees, agents, designees, contractors, affiliates, subsidiaries, successors and assigns as well.

 

14. Disputes

1. Subject to Subsection (b) hereof, to the maximum extent permitted by law, these Terms as well as any claim, cause of action, or dispute that may arise between you and us, are governed by the laws of Slovenia without regard to conflict of law provisions. YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF THE COURTS IN SLOVENIA FOR ANY DISPUTE BETWEEN YOU AND US. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT WE ARE REQUIRED TO BRING ANY ACTION AGAINST YOU FROM OR IN CONNECTION WITH YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER, SUCH ACTION MAY BE BROUGHT IN THE JURISDICTION IN WHICH THE INDEMNIFICATION CLAIM ARISES.

2. Any controversies, disputes, actions, causes of action or other claims between you and us arising out of or relating to these Terms, or the breach, termination, or validity hereof or your use of the Website (a “Controversy”) shall be finally settled by binding arbitration before a single neutral arbitrator in accordance with the JAMS International Arbitration Rules (modified only as herein expressly provided). The arbitrator shall be experienced with regard to commercial disputes of the type for which arbitration is being sought. The arbitration shall be before one arbitrator mutually agreed upon by the parties. The parties agree that the arbitration will be held in Slovenia, or in such other place as the parties may mutually agree upon. The arbitration will be held in accordance with and subject to the procedural and substantive laws of Slovenia. The arbitrator may enter a default decision against any party who fails to participate in the arbitration proceedings. The decision of the arbitrator on the points in dispute with respect to such Controversy will be final, non-appealable and binding and judgment on the award may be entered in any court having jurisdiction thereof. The parties agree that this clause has been included to rapidly and inexpensively resolve any Controversy, and that this clause shall be grounds for dismissal of any court action commenced by any party arising out of or relating to these Terms or the breach, termination or validity hereof; provided that nothing in this subsection nor these Terms shall limit any party’s right to bring ((i) post-arbitration actions seeking to enforce an arbitration award, (ii) actions seeking injunctive or other similar relief in the event of the breach or threatened breach of any of the provisions of this Agreement, or (iii) a claim for indemnification by Operator against Studio in the jurisdiction and venue from which such indemnification claim arises. The language used in the arbitration proceedings will be English. YOU HEREBY AGREE THAT AS PART OF THE CONSIDERATION HEREOF, YOU ARE HEREBY WAIVING ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY FOR ANY CONTROVERSY. THIS PROVISION SHALL BE ENFORCEABLE EVEN IN THE CASE THAT THE ARBITRATION PROVISIONS OR ANY OTHER PROVISIONS OF THESE TERMS ARE WAIVED.

3. In any Controversy, the prevailing party shall be entitled to recover from the other party, in addition to any other relief awarded, the actual costs, expenses and attorneys’ fees (including all related costs and expenses), incurred by the prevailing party in connection with such action or proceeding and in connection with obtaining and enforcing any judgment or order thereby obtained.

4. YOU AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. You hereby agree that as part of the consideration for these terms, you are hereby waiving any right you may have to a trial by jury for any dispute between the Parties arising from or relating to these terms or the Website. This provision shall be enforceable even in the case that the arbitration provisions or any other provisions of this section are waived.

 

15. General Terms

1. These Terms, as amended from time to time, constitute the entire agreement between you and us and supersede all prior agreements between you and us and may not be modified without our written consent.

2. Our failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right.

3. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

4. Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.

5. These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent, but may be assigned or transferred by us without restriction.

6. You agree that we may provide you with notices by e-mail (to the email address associated with your Account), regular mail, or postings to the Website.

7. The section titles in these Terms are for convenience only and have no legal or contractual effect.

8. As used in these Terms, the term “including” is illustrative and not limitative.

9. If these Terms or any other documents between you and us are translated and executed in any language other than English and there is any conflict as between the translation and the English version, the English version shall control.

10. You acknowledge and understand that we are a provider of an interactive computer service. We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. You may access such parental control protections by searching the internet for “internet filter” or “parental control.” However, note that we do not take responsibility for any parental control protection you may find or use and that you are solely responsible for your use of the same.