LewdVRGames (the “Company”), welcomes you to www.LewdVRGames.com (the “Website”). It is important to the Company that you and other visitors have the best possible experience while using the Website, and that, when you use the Website, you understand your legal rights and obligations. Please read this terms-of-service agreement, which is a legal agreement between you and the Company that governs your access to and use of the Website, including any content, functionality, and services offered on or through the Website. Your access to the Website is on the condition that you agree to this agreement. Please pay special attention to the following: (1) disclaimer of warranties (section 19); (2) limitation on liability (section 20); (3) place for resolving disputes (section 22.2); (4) arbitration (section 23); (5) jury trial and class action waivers (sections 24 and 25); and (6) limitation on time to file claims (section 26).
Age Restriction: Only adults (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access the Website. The Company forbids all persons who do not meet these age requirements from accessing the Website. Parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products, which the Company provides for informational purposes only and does not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP. You may find information about other providers of these protections on the Internet by searching “parental control protection” or similar terms.
Emails: By signing up to LewdVRGames you agree to receive marketing emails.
Explicit Content: The Website may contain content that you may find offensive, indecent, or objectionable, including heterosexual, bisexual, homosexual, and transsexual situations of a sexual nature. This content may or may not be identified as having attributes that you may find offensive. You acknowledge that you use the Website at your own risk, and the Company has no liability to you for any content you view.
Child Pornography Prohibited: The Company prohibits pornographic content involving minors. The Company only allows visual media of consenting adults for consenting adults on the Website. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within the Website, please report this to the Company promptly at https://LewdVRGames/contact/. Please include with your report all appropriate evidence, including the date and time of identification. The Company will promptly investigate all reports and take appropriate action. The Company fully cooperates with any law-enforcement agency investigating child pornography.
The Website provides access to sexually-explicit virtual reality content, including videos for streaming and download. In certain circumstances, some videos may be available for streaming only or for downloading only. To view the videos, you will need a VR headset, personal computer, tablet, phone, or other device that meets the Website’s system and compatibility requirements, and access to the Internet. When streaming, the resolution and quality of the video you receive will depend on a number of factors, including your Internet bandwidth, which may fluctuate while a video is being streamed.
Some of the content on the Website is available only after you purchase a premium membership. Unless otherwise stated, premium memberships automatically renew under this agreement unless you cancel before the end of your term. To cancel your premium membership, contact the payment processor you signed up through. Your payment method will automatically be charged at the rate in effect at the time you originally signed up.
This agreement applies to all users of the Website, whether you are a “visitor” or a “registered user.” By checking the appropriate box during signup, purchasing a premium membership, or accessing any part of the Website, you agree to this agreement. If you do not want to agree to this agreement, you must leave the Website. If you breach any part of this agreement, the Company may revoke your license to access the Website, block your access, and cancel your account.
The Company may change this agreement on one or more occasions by updating this page. The top of this page will tell you when the Company last updated this agreement. Changes will take effect on the “last updated” date stated on the top of this page. Changes will not operate retroactively. The Company will try to notify you when it changes this agreement if it can do so in a reasonable manner. But you should frequently check this page to make sure that you are operating under the most current version of this agreement. The Company will consider your continued use of the Website after it posts the changes as your acceptance of the changes even if you do not read them. If you do not agree to the changes, your sole remedy is to stop accessing the Website.
If you have any questions about this agreement or any questions or comments about the Website, please contact the Company.
Adult-Oriented Content and Affirmative Representations. The Website contains uncensored sexually explicit material unsuitable for minors. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access the Website. If you do not meet these age requirements, you must not access the Website and must leave now. By accessing the Website, you state that the following facts are accurate:
You (1) are at least 18-years old, (2) have reached the age of majority where you live, and (3) have the legal capacity to enter into this agreement;
All information you provided to the Company is accurate, and you will promptly update this information when necessary to make sure that it remains accurate;
You own (or have permission to use) the credit card you pay with and authorize the Company (or its authorized payment processing agent) to charge the credit card according to the membership you choose;
You are aware of the adult nature of the content available on the Website, and you are not offended by visual images, verbal descriptions, and audio sounds of a sexually oriented nature, which may include graphic visual depictions and descriptions of nudity and sexual activity;
You are familiar with your community’s laws affecting your right to access adult-oriented materials, including sexually explicit material depicting bondage, S/M, and other fetish activities;
You have the legal right to access adult-oriented materials, including sexually explicit material depicting bondage, S/M, and other fetish activities, and the Company has legal right to transmit them to you;
You are voluntarily requesting adult-oriented materials for your own private enjoyment;
You are not accessing the Website from a place, country, or location in which doing so would, or could be considered a violation of any law; and
You will not share these materials with a minor or otherwise make them available to a minor.
VR Content Warning and Recommendation. The Website offers virtual reality content (“VR”). You must read and abide by the following warnings before using any VR content. Please also review and adhere to the instructions and any warnings for the device that you use to view VR content.
Due to the nature of VR content, the Company recommends that certain individuals consult a physician before viewing VR content, including individuals that are elderly, pregnant, or suffer from a heart condition, vision abnormalities, psychiatric disorders, or other serious medical conditions.
It is safest to view VR content while seated. Please take notice of your surroundings before viewing VR content, as elements of your surroundings can be dangerous. You should avoid the following when viewing or shortly after viewing VR content: roads, stairs, balconies, windows, furniture, people, animals, electronics, objects, or other items which you could bump into, fall over, fall through, or cut yourself on. Do not view VR content while engaging in other activities such as walking, biking, dancing, driving, or handling dangerous items.
Do not view VR content if you are tired; dizzy; suffer from a headache, flu, cold, migraine, earache, hungover or are otherwise sick or not feeling well; or are under the influence of drugs or alcohol. Do not view VR content if you are in a moving vehicle, as it could increase the likelihood that you experience one or more of the foregoing symptoms or other adverse symptoms.
Prolonged viewing of VR content should be avoided as it may have negative impacts on hand-eye coordination, balance, and certain other abilities. Always stop viewing VR content and remove your headset before doing anything that requires attention or coordination.
You should immediately stop viewing VR content if you lose awareness of your surrounding or begin to experience seizures, eye twitches, blurred or abnormal vision, impaired balance, hand-eye coordination or nausea, increased sweating, motion sickness, pain, fatigue, dizziness, disorientation, or drowsiness. You should consult a physician before you resume viewing any VR content.
Do not view VR content for longer than 30-minute intervals without taking a break of at least 10 to 15 minutes. If you feel discomfort, you should take a longer break.
If you elect to view VR content in connection with any other external device, please do so with caution. Please consult the instructions and heed any warnings regarding those devices. If use of those devices causes any adverse symptoms, please stop using that device immediately.
Consult a physician if you have serious or persistent symptoms.
Accessing the Website. The Company may withdraw or amend this Website, and any service or material the Company provides on the Website, in its sole discretion without notice. The Company will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, the Company may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Website.
Account Creation. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. Registration is free and for a single user only. To register, you must complete the registration process by providing the Company with accurate information as prompted by the registration form. You must also choose a password and a username.
Responsibility for Account. You are responsible for maintaining the confidentiality of your password and account. Further, you are responsible for all activities that occur under your account. You will promptly notify the Company of any unauthorized use of your account or any other breach of security.
Liability for Account Misuse. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by the Company or another party due to someone else using your account or password. The Company has the right to disable any username, password, or other identifier at any time in its sole discretion for any or no reason, including if, in its opinion, you have violated any provision of this agreement.
Use of Other Accounts. You must not use anyone else’s account at any time.
Account Security. The Company cares about the integrity and security of your personal information. But the Company cannot guarantee that unauthorized third parties will never be able to defeat the Website’s security measures or use any personal information you provide to the Company for improper purposes. You acknowledge that you provide your personal information at your own risk.
Ownership of Website. The Website and its entire contents, features, and functionality (including all information, software, text, displays, images, video, audio, and audiovisual combinations and the design, selection, and arrangement of it) are owned by the Company, its licensors, or other providers of the material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Company hereby grants you a nonexclusive, nonsublicensable, nontransferable license to access the Website and its content for your personal, noncommercial only (unless the Company agrees otherwise in writing). You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:
Your computer may temporarily store copies of those materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
You may download a copy of any part of the premium content to which you have properly gained access solely for your personal, noncommercial use and not for further reproduction, publication, or distribution.
If the Company provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, on condition that you agree to be bound by the Company’s end user license agreement for those applications.
If the Website provides social media features with certain content, you may take those actions as are enabled by those features.
You must not:
Modify copies of any materials from this Website.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
Unless the Company agrees otherwise in writing, you must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of this agreement, your right to use the Website will cease immediately and you must, at the Company’s option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by this agreement is a breach of this agreement and may violate copyright, trademark, and other laws.
Trademarks. The Company name, the Website name, the Company logo, the Website logo, and all related names, logos, product, and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use those marks without the Company’s written permission. All other names, logos, product, and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with this agreement. You must not use the Website:
In any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in this agreement.
To transmit, or procure the sending of, any advertising or promotional material without the Company’s written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including by using email addresses or usernames associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you must not:
Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without the Company’s written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise try to interfere with the proper working of the Website.
The Website may contain interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (“post”) non-Premium and Premium content or materials (collectively, “User Contributions”) on or through the Website.
All User Contributions must comply with the Content Standards stated in this agreement.
You state that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to the Company and its affiliates and service providers, and each of their and its respective licensees, successors, and assigns.
All your User Contributions do and will comply with this agreement.
You acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for that content, including its legality, reliability, accuracy, and appropriateness.
The Company is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other Website user.
Monitoring and Enforcement; Termination
The Company may:
Remove or refuse to post any User Contributions for any or no reason in the Company’s sole discretion.
Take any action with respect to any User Contribution that the Company considers necessary or appropriate in its sole discretion, including if the Company believes that that User Contribution violates this agreement, including the Content Standards, infringes any intellectual-property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual-property rights or their right to privacy.
Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any reason, including any violation of this agreement.
The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or other information of anyone posting any materials on or through the Website. You waive and hold harmless the Company and its affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either those parties or law enforcement authorities.
However, the Company does not undertake to review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. The Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section 9.
Content Standards. These content standards apply to all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material (unless otherwise authorized by the Company), violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Unless otherwise authorized by the Company in writing, involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by the Company or any other person or entity, if this is not the case.
Copyright Infringement. If you believe that any User Contributions violate your copyright, please see the Company’s Copyright Policy for instructions on sending the Company a notice of copyright infringement. It is the Company’s policy to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. The Company is not making any warranty about the accuracy, completeness, or usefulness of this information. Any reliance you place on that information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on those materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the Company’s opinion. The Company is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website. The Company may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and the Company is not required to update that material.
Ongoing Membership. Your premium membership, which may start with a trial membership, will continue month-to-month (or any longer term selected) and automatically renew unless you cancel your membership, or the Company terminates it. You must have Internet access and provide the Company or its authorized payment processor with a current, valid, accepted method of payment. The Company or its authorized payment processor will bill the premium membership fee to your chosen payment method. You must cancel your premium membership before it renews each term to avoid billing of the next term’s membership fees to your chosen payment method.
Differing Memberships. The Company may offer several membership plans, including special promotional plans or memberships with differing conditions and limitations. Any material different terms from those described in this agreement will be disclosed to you at signup or in other communications made available to you.
Trial Memberships. Your premium membership may start with a trial. The trial period of your premium membership lasts for the period specified during signup. The Company or its authorized payment processor will begin billing your payment method for monthly membership fees at the end of the trial period of your premium membership and your premium membership will automatically renew monthly unless you cancel before the end of the trial period. The Company or its authorized payment processor may authorize your payment method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some cases, your available balance or credit limit may be reduced to reflect the authorization during your trial period. The Company or its authorized payment processor will continue to bill your payment method monthly for your premium membership fee until you cancel.
Recurring Billing. By starting your premium membership and providing or designating a payment method, you authorize the Company or its authorized payment processor to charge you the premium membership fee at the rate in effect when you originally signed up, and any other charges you may incur in connection with your use of the Website, such as taxes or possible transaction fees. Your premium membership will continue for the length of the initial term you select, and, at the end of your prepaid initial term, it will automatically renew for additional prepaid periods of the same length. You must cancel your premium membership before it renews to avoid billing of the next term’s membership fees to your payment method. Your account will automatically be charged at the rates in effect at the time you originally signed up.
Price Changes. The Company may adjust pricing for its service or any components of it in any way and at any time as it may determine in its sole discretion. Any price changes will not affect your current membership (including any renewals) unless the Company notifies you in writing no later than 30-days before your next billing cycle.
Billing Cycle. The Company or its authorized payment processor will bill your membership fee at the beginning of the paying part of your premium membership and each month (or any longer term selected) afterwards until you cancel your membership. Membership fees are fully earned on payment.
Billing Disputes. If you believe that the Company or its authorized payment processor has charged you in error, you must notify the Company or its authorized payment processor in writing no later than 30 days after you receive the billing statement in which the error first appeared. If you fail to notify the Company or its authorized payment processor in writing of a dispute within this 30-day deadline, you waive any disputed charges. You must submit any billing disputes in writing to support@LewdVRGames or the payment processor that you signed up through. Please include a detailed statement describing the nature and amount of the disputed charges. The Company or its authorized payment processor will correct any mistakes in a bill and add or credit them against your future payments.
Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods, except that the Company may approve a refund in the form of a credit on request if exceptional circumstances exist. If you believe exceptional circumstances exist, please contact the Company and explain the circumstances that you believe merits a refund. The Company is not making any promise that it will give you a refund. If the Company gives you a refund, the Company will issue the refund in the form of free services or a credit to the payment method you used for your purchase; the Company will not make refunds in the form of cash or check. The provision of a refund in one instance does not entitle you to a refund in the future for similar instances; nor does it obligate the Company to provide refunds in the future, under any circumstance.
Cancellation. You may cancel your premium membership at any time. To cancel your premium membership, please contact the payment processor that you signed up through or contact the Company for help. You will continue to have access to the Website through the end of your billing cycle.
Linking to the Website
You may link to the Website’s homepage, on condition that you do so in a way that is fair and legal and does not damage the Company’s reputation or take advantage of it, but you must not establish a link in a way that suggests any form of association, approval, or endorsement on the Company’s part without its express written consent.
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by the Company and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or parts of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of this agreement.
You will cooperate with the Company in causing any unauthorized framing or linking immediately to stop. The Company reserves the right to withdraw linking permission without notice.
The Company may disable all or any social media features and any links at any time without notice in its discretion.
Links from the Website. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. The Company has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for those websites.
Geographic Restrictions. The owner of the Website is based in the state of Delaware in the United States. The Company provides this Website for use only by persons located in jurisdictions that do not prohibit pornography or sexually explicit material. The Company makes no claims that the Website or any of its content is accessible or appropriate in your country or jurisdiction. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from countries or jurisdictions that prohibit pornography or sexually explicit material, you do so on your own initiative and are responsible for compliance with local laws.
You acknowledge that the Company cannot and does not state that files available for downloading from the Internet or the Website will be free from loss, corruption, attack, viruses or other destructive code, interference, hacking, or other security intrusions. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for keeping a means external to the Website for any reconstruction of any lost data. The Company will not be liable for any loss or damage caused by a distributed denial-of-service (DDoS) attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.
Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. The Website, its content, and any services or items obtained through the Website are provided “as is” and “as available,” without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company is making any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. Neither the Company nor anyone associated with the Company represents or warrants that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted that defects will be corrected, that the Website or the server that makes it available are free of viruses or other harmful components, or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
The Company is not making any warranty, whether express, implied, statutory, or otherwise, including any warranty of merchantability, noninfringement, and fitness for a particular purpose. No advice or information, whether oral or written, obtained from the Company, the Website, or elsewhere will create any warranty not expressly stated in this agreement.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Limitation on Liability
In no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or those other websites, or any services or items obtained through the Website or those other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
To the fullest extent provided by law, in no event will the collective liability of the Company and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $250 or the amount you have paid to the Company for the applicable content or service in the last three months out of which liability arose.
The limitations of liability set out above do not apply to liability resulting from the Company’s gross negligence or willful misconduct and does not affect any liability that cannot be excluded or limited under applicable law.
Indemnification. You will defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this agreement or your use of the Website, including your User Contributions; any use of the Website’s content, services, and products other than as expressly authorized in this agreement; or your use of any information obtained from the Website.
Governing Law and Jurisdiction
Delaware law governs all matters relating to the Website and this agreement and any dispute or claim arising from or related to it (in each case, including non-contractual disputes or claims) without giving effect to any choice or conflict of law provision or rule (whether of Delaware or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, this agreement or the Website not subject to arbitration will be instituted exclusively in the federal courts of the United States or the courts of the state of Delaware, although the Company may bring any suit, action, or proceeding against you for breach of this agreement in your country of residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you by those courts and to venue in those courts.
Arbitration. At the Company’s sole discretion, it may require you to submit any dispute arising from this agreement or the use of the Website, including disputes arising from or concerning the interpretation, violation, invalidity, nonperformance, or termination of this agreement, to final and binding arbitration with Arbitration Resolution Services, Inc. (ARS). The parties will abide by all rules of ARS as found in their website at www.arbresolutions.com. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, enforceability, or formation of this agreement, including any claim that all or any part of this agreement is void or voidable. The arbitration will be conducted in the English language. Each party will be responsible for paying any filing, administrative, and arbitrator fees associated with the arbitration. The arbitrator may grant whatever relief that would be available in a court at law or in equity, except that the arbitrator must not award punitive or exemplary damages, or damages otherwise limited or excluded in this agreement. The arbitrator’s award will include costs of arbitration, reasonable legal fees, and reasonable costs for expert and other witnesses. If a party fails to pay any award, the award may be converted to judgment in a court of competent jurisdiction. Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under this agreement without the advance written consent of both parties.
Jury Trial Waiver. Both parties hereby waive the right to a trial by jury for any dispute arising out of or relating to the Website or this agreement. Either party may enforce this waiver up to and including the first day of trial.
Class Action Waiver. All claims arising out of or relating to this agreement or the Website must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless the Company agrees otherwise in writing, the arbitrator must not consolidate more than one person’s claims.
Limitation on Time to File Claims. Any cause of action or claim you may have arising out of or relating to this agreement or the Website must be commenced within one year after the cause of action accrues, otherwise, that cause of action or claim is permanently barred.
Entire Agreement. This agreement constitutes the entire agreement between you and the Company about your access to the Website and supersedes all earlier or contemporaneous agreements between you and the Company about access to the Website. Any additional terms on the Website will govern the items to which they pertain.
Changes. The Company may change this agreement on one or more occasions. The Company will try to post changes on the Website at least 15 days before they become effective. Changes will become effective on the “last updated” date stated at the top of this page. Changes will not apply to continuing disputes or to disputes arising out of (or relating to) events happening before the posted changes. While the Company will try to notify you when the Company changes this agreement, the Company does not assume an obligation to do so, and it is your responsibility to frequently check this page to review the most current agreement. By continuing to use the Website after the Company posts changes to this agreement, you agree to the revised agreement. If you do not agree to the revised agreement, your exclusive remedy is to stop accessing the Website (and cancel your premium membership if applicable). If you need more information about the changes or have any other questions or comments about the changes, please contact the Company.
Assignment and Delegation. The Company may assign its rights or delegate any performance under this agreement without your consent. You will not assign your rights or delegate your performance under this agreement without the Company’s advanced written consent. Any attempted assignment of rights or delegation of performance in breach of this section 27.3 is void.
No Waivers. The parties may waive a provision in this agreement only by a writing signed by the party or parties against whom the waiver is sought to be enforced. No failure or delay in exercising any right or remedy, or in requiring the satisfaction of any condition, under this agreement, and no act, omission, or course of dealing between the parties, operates as a waiver or estoppel of any right, remedy, or condition. A waiver made in writing on one occasion is effective only in that instance and only for the purpose stated. A waiver once given is not to be construed as a waiver on any future occasion or against any other person.
Severability. The parties intend that if any provision of this agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent so that the remaining provisions of this agreement will continue in full effect.
Sending Notice to the Company. You may send notice to the Company by email at support@LewdVRGames unless a specific email address is set out for giving notice. The Company will consider an email notice received by the Company only when its server sends a return message to you acknowledging receipt. The Company may change its contact information on one or more occasions by posting the change on the Website. Please check the Website for the most current information for sending notice to the Company.
Sending Notice to You—Electronic Notice. You consent to receiving any notice from the Company in electronic form either (1) by email to the last known email address the Company has for you or (2) by posting the notice on a place on the Website chosen for this purpose. The Company will consider notices sent to you by email received when its email service shows transmission to your email address. You state that any email address you gave the Company for contacting you is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email you receive.
No Third-Party Beneficiaries. This agreement does not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.
Relationship of the Parties. This agreement does not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship between the parties and the parties expressly disclaim the existence of any of these relationships between them. Neither of the parties is the agent for the other, and neither party has the right to bind the other on any agreement with a third party.
Successors and Assigns. This agreement inures to the benefit of, and are binding on, the parties and their respective successors and assigns. This section 27.9 does not address, directly or indirectly, whether a party may assign rights or delegate obligations under this agreement. Section 27.3 addresses these matters.
Electronic Communications Not Private. The Company does not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to the Company or from the Company as open communications readily accessible to the public. You should not use the Website to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to the Website regardless of whether they are intended recipients.
Electronic Signatures. Any affirmation, assent, or agreement you send through the Website will bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your finger, mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Consumer Rights Information—California Residents Only. This section 27.12 applies only to California residents. In compliance with section 1789 of the California Civil Code, please note the following:
Users who wish to gain access to the members-only area of the Website must be a member in good standing. Certain content requires the purchase of a premium membership. The Company posts the current premium membership fees for the Website at https://LewdVRGames/premiumlp/. The Company may change the premium membership fees at any time. Users may contact the Company at support@LewdVRGames to resolve any billing disputes or to receive further information about the Website.
Complaints—California Residents Only. If any complaint with the Company is not satisfactorily resolved, you can contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at (800) 952-5210 or (916) 445-1254.
Feedback. The Company encourage you to provide feedback about the Website. But the Company will not treat as confidential any suggestion or idea provided by you, and nothing in this agreement will restrict its right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
English Language. The Company drafted this agreement in the English language. No translation into any other language will be used to interpret or construe this agreement. All services, support, notices, designations, specifications, and communications will be provided in English.
Your Comments and Concerns. You should direct all feedback, comments, requests for technical support, and other communications relating to the Website to support@LewdVRGames.
Premium Fair Use Terms
A premium account is intended for personal use by one individual with the amount of content streamed and downloaded in a single monthly billing period reasonable to use in a single monthly billing period.
A premium account has access to download a high quantity of Premium files. However, abusive behavior, such as downloading much more than the average user, may trigger an account notice. This protects the system for all and allows us to continue to offer a large catalog of quality Premium content under a single subscription.