Last Updated: April 27, 2016
Available at http://www.vrsmash.com/info/terms
Please note We may change these Terms at any time in Our sole discretion by posting an updated version of these Terms on the Website. When changes to these Terms are made, We will update the “Last Updated” date at the top of these Terms. Any changes to these Terms will be effective immediately, and Your continued use of the Services following such changes will constitute Your agreement to these Terms as amended. Although We may attempt to notify You when major changes are made to these Terms, You are obligated to regularly check this Website to view the then current Terms. If You do not review the then current Terms as posted, then You agree that You have waived Your right to do so, and You are therefore bound by the updated conditions, even if You failed to review the new ones.
1. Our Services
Our Services allows for uploading, sharing and general viewing of various types of adult content, including sexually explicit images and videos. In addition, the Website contains Content (defined below) posted/uploaded by Users.
You acknowledge that We reserve the right, in Our sole discretion, to modify or discontinue Our Website and/or Service, or any part thereof, with or without notice at any time and for any reason, and We will not be responsible or liable in such event. In addition to Our other rights, If You do not comply with these Terms or otherwise create risk or possible legal exposure to Us, We have the right in Our sole discretion to block or terminate Your access to the Website and/or Service without any notice or liability to You or any third party.
The Website is for Your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by Us. Any illegal and/or unauthorized use of Our Services is strictly prohibited, including but not limited to collecting usernames and e-mail addresses for sending unsolicited emails or unauthorized framing or linking to Our Website.
2. Conditions of Use
We provide You with access to Our Services subject to Your agreement with following terms and conditions:
a. Age and Authority
Our Services are only available to, and may only be used by, individuals who are at least eighteen (18) years of age and who can form legally binding contracts under applicable law. By using Our Services You represent and warrant that You have right to enter into these Terms the jurisdiction from which You access the Website does not prohibit the receiving or viewing of sexually explicit content.
b. Registration and Account
Certain Services are only available to Users who create an account with Us by providing requested information (“Registration Data”). You agree to: (i) provide true, current and complete Registration Data and maintain and promptly update the Registration Date to keep it true, current and complete. You agree to immediately notify Us if You suspect there has been any unauthorized use of Your account. You are responsible for all activities that occur under Your account and therefore You must not share Your account data with anyone. To the extent permissible under applicable law, We cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your account, either with or without Your knowledge.
You may not transfer Your account to any other person and You may not use anyone else’s account at any time without the permission of the account holder.
You are responsible for all fees, costs and applicable taxes associated with using Our Services, including the fees associated with viewing the adult content selected on Our Website. By using Our Services, You agree to pay Our then current applicable fees listed on the Website immediately upon Your use of Our Services, which shall be no later than the date on which You view the adult content selected. We reserve the right change any fees at any time in Our sole discretion. Unless otherwise stated, all payments and fees are in USD, are not refundable and are exclusive of applicable taxes. We will not be responsible for any currency exchanges and/or exchange settlements that may be required in Your region.
All registered Users must have a payment method on file with Us. If You provide credit card, PayPal or other means of payment information, then You represent and warrant that You are authorized to supply such information and hereby authorize Us to charge Your means of payment on a regular basis to pay Our fees as they are due. If Your payment method fails or Your account is past due, then We may collect fees owed using all collection mechanisms, including charging other payment methods on file with Us and/or retaining collection agencies and legal counsel. We may also block Your access to any of Our Services until all amounts outstanding are paid.
d. Accessing Services
You are sole responsible for making all arrangements necessary for You to have access to the Website. In the event You use Our Website over mobile devices, You hereby acknowledge that Your carrier’s normal rates and fees, such as excess broadband fees may apply.
You represent, warrant and agree that Your use of Our Services will at all times be in compliance with all applicable rules, regulations and laws (including the laws relating to the intellectual property rights of others, privacy, hate propaganda and import/export restrictions). Your use of Our Services is also conditional upon You abiding by these Terms, including the following policies/supplementary agreements, all of which are incorporated into and form a part of these Terms:
ii. Our Infringement Take-Down Policy accessible at http://www.vrsmash.com/info/dmca
iii. Our 18 USC 2257 Statement accessible at http://www.vrsmash.com/info/statement
a. Acceptable Use Policy
You will not use Our Services in any manner:
i. To access, or attempt to access, any page or source of the Website, mobile application or servers without permission;
ii. In violation of any applicable local, state, national or intentional law or regulation (including without limitation laws related to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, pornography, rights of publicity or other rights) or encourage or provide instructions to another to do so;
iii. To transmit or post any Content that is false, inaccurate or misleading;
iv. To transmit or post any Content that depicts any person under 18 years of age (or older in any other location in which 18 is not the minimum age of majority) or for which You have not maintained written documentation sufficient to confirm that all subjects of Your posts are, in fact, over 18 years of age (or older in any other location in which 18 is not the minimum age of majority);
v. To transmit or post any Content depicting child pornography, rape, snuff, torture, death, violence, or incest, racial slurs or hate speech, (either aurally or via the written word);
vi. To transmit or post any Content that is obscene, illegal, unlawful, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
vii. To recruit, solicit or contact any User without Our prior written consent; You assume all risks from any meetings or contact between You and any other Users ;
viii. To post any Content containing sweepstakes, contests, or lotteries, or otherwise related to gambling;
ix. To libel or defame any person or infringe the copyright, trade mark, patent, trade secret, right of privacy, rights of publicity, moral right or any other legal right of any person;
x. Impersonate another person or gain unauthorized access to another person’s account;
xi. To reverse engineer any portion of Our Services or introduce any computer code or engage in any activity that interferes with or disrupts Our Service, Website, servers or computer networks;
xii. To remove, delete, alter, circumvent, avoid or bypass any digital rights management technology;
xiii. That requires Us to obtain any licenses from or pay any royalties to any third party;
xiv. To collect or store personal data about anyone;
xv. To scrape, spider, use a robot or other automated means of any kind to access Our Services;
xvi. To exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available;
xvii. To introduce or upload any viruses, Trojan horses, worms, logic bombs, time bombs, cancelbots, corrupted files or any other similar software, program or material which is malicious or technologically harmful or that that may damage the operation of another’s property or of the Website or Our Services; or
xviii. That otherwise violates these Terms.
b. Health and Safety
If accessing the Website or Our Services using a virtual reality headset, You represent, warrant and agree that You have reviewed all operating and safety manuals of such headset, and freely and voluntary assume the risks of viewing Content on the headset. Specifically, you acknowledge and agree that certain headsets pose significant health and safety hazards if proper precautions are not taken and some users may experience severe dizziness, seizures, eye or muscle twitching or blackouts while utilizing the headset, even if they have never had a seizure or blackout before or have no history of seizures or epilepsy. Anyone who previously has had a seizure, loss of awareness, or other symptom linked to an epileptic condition should see a doctor before using any virtual reality headset.
You acknowledge and agree that We have the right, in our sole discretion, to:
i. Remove or refuse to post any Content You submit or contribute to the Website for any or no reason in Our sole discretion;
ii. Take any action with respect to any Content posted by You that we deem necessary or appropriate in Our sole discretion, including if We believe that such Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users or the public or could create liability for Us;
iii. Disclose Your personally identifying information or other information about You to any third party who claims that Content posted by You violates their rights, including their intellectual property rights or their right to privacy;
iv. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and
v. Terminate or suspend Your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone posting any Content on or through the Website. YOU WAIVE AND HOLD US HARMLESS AND OUR SITE OPERATOR, ITS PARENT CORPORATION, THEIR RESPECTIVE AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
To maintain Our Services in a manner we deem appropriate and to the maximum extent permitted by applicable laws, We may, but will not have any obligation to, review, monitor, display, reject, refuse to post, store, maintain, accept or remove any Content posted by You, and We may, in Our sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of Content without notice or any liability to You or any third party in connection with our operation of the Website in an appropriate manner. Notwithstanding the foregoing, We do not undertake to review Content before it is posted on the Website, and cannot ensure prompt removal of objectionable Content after it has been posted. Accordingly, We assume no liability for any action or inaction regarding transmissions, communications or Content provided by any User or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
5. Third Party Providers and Content
a. Third Parties
The Website may contain links to third party websites that are not owned or controlled by Us. We have no control over, and assume no responsibility for, the Content, privacy policies, practices or goods or services of any third party. In addition, We will not and cannot censor or edit any third party content (including third party content linked to the Website). Accordingly, we encourage You to read the applicable terms and policies for each third party website and service provider. You expressly relieve Us from any and all liability arising from Your use of any third party website or viewing of any third part Content.
You understand and agree that when using the Website, You will be exposed to Content from a variety of sources, and that We will not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any third party content. You further understand and agree that You may be exposed to both third party and related content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Us with respect thereto.
Unless otherwise expressly set out on our Website, We do not directly or indirectly endorse any product or service provided, or to be provided, by any third party in connection with our Services. Without limiting the generality of the foregoing, We do not endorse and are not affiliated or partnered in any way with any virtual reality headset provider (including but not limited to the Samsung Gear VR™, Oculus Rift™, HTC Vive™, and Playstation VR™).
All text, communications, software, technology, designs, materials, information, graphics, links, electronic art, animations, illustrations, artwork, live and recorded audio and video, photos, trademarks, service marks, logos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is referred to in these Terms as “Content”. Where We provide or make Content available to You in connection with the Services, including, without limitation, on the Website, it is referred to in these Terms as “Company Content”. Where You upload, post, transmit or make Content available on the Website or in the Services it is referred to in these Terms as “Your Content”. Where Users, including Yourself, upload, post, transmit or make Content available on the Website or in the Services it is referred to in these Terms as “User Content”.
Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected pursuant to applicable intellectual property laws. The inclusion of images or text containing the trademarks or service marks or the name or likeness of any person, including any celebrity, does not constitute an endorsement, express or implied, by any such person.
b. Company Content
Except with respect to Your Content, You agree that You have no right, title or interest in or to any Company Content, or any other Content that is made available to You while using Our Services, and You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any such Content unless We give You explicit permission to do so. You agree that “VRSMASH” name and all related graphics, logos, service marks and trade names used on or in connection with the Services are Our trademarks and may not be used without permission. Other trademarks, service marks and trade names that may appear in Our Services are the property of their respective owners. The Company hereby grants You (as a User) a limited, non-exclusive, non-transferable license to access and view User Content and Company Content, for which You have paid all required fees, solely for Your personal, non-commercial, purposes through the Website and the Services, in accordance with these Terms and any conditions or restrictions associated with particular Service offering. All other uses are expressly prohibited absent Our express written consent. User Content and Company Content is licensed, and not sold, to You. Any unauthorized use of Our Services shall terminate the licenses granted by Us to You.
If the Website enables You to download or otherwise copy User Content and Company Content, You are not buying or being gifted copies thereof. Instead, You are licensing a limited, revocable, non-sublicensable, and non-exclusive right to possess and use the copies for personal, non-commercial use, subject to specific terms and conditions (the “Download License”). Under this Download License You may not thereafter reproduce, distribute, communicate to the public, make available, adapt, publicly perform, or publicly display User Content and Company Content or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of Your Download License and constitute copyright infringement. At the expiration of Your Download License or the termination of these Terms, You will delete or otherwise dispose of all copies of User Content and Company Content in Your possession.
c. Your Content
Although We do not claim ownership of Your Content, You hereby grant Us a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, assignable, non-exclusive and fully sub licensable right (including any moral rights) and license to use, exploit, license, sublicense, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing Our Services, as they may be provided from time to time, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You hereby represent and warrant that You have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Us with respect to Your Content and that We shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of Your Content as authorized in these Terms or have any liability to You or any other party as a result of any use or exploitation of Your Content as authorized in these Terms. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above.
Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other public area on Our Website, You hereby expressly permit Us to identify You by Your username as the contributor of Your Content in any publication in any form, media, or technology now known or later developed in connection with Your Content.
d. User Content
We respect the intellectual property rights of others. Notwithstanding the foregoing, We do not control nor screen User Content and Your use and reliance is solely at Your own risk. You understand that by using Our Services You may be exposed to User Content that is unreliable, inaccurate, unsafe, offensive, indecent, and objectionable and We provide no guarantees with respect to such content. No display or transmission of User Content on the Website or through the Services is intended to act as an endorsement or representation that any User Content is free of violation of any copyright, privacy or other laws or will suit a particular purpose or be safe, accurate or useful.
If You believe that any Content posted on the Website violates any laws or regulations, including, without limitation, any copyright laws, You should report it to Us in accordance with Our Infringement Take-Down Policy.
All rights not expressly granted in these Terms are retained by the Content owners and these Terms do not grant any implied licenses.
Your ideas, comments, suggestions, and other feedback are welcome, if You submit such feedback to Us, You grant Us the right to use Your feedback without any restriction or compensation to You. By accepting Your feedback, We do not waive any rights to use similar or related feedback previously known to Us, developed by Us or obtained from other sources.
We care about the security of Your information and Content. While We work to protect the security of Your information, We cannot guarantee that unauthorized third parties will never be able to defeat Our security measures. Please notify Us immediately of any compromise or unauthorized use of Your account.
9. DISCLAIMER OF WARRANTIES
THIS WEBSITE AND OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE, AND OUR PARENT, SUBSIDIARIES, AFFILIATES, DIRECTORS, AGENTS, EMPLOYEES AND/OR SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. WE, AND OUR PARENT, SUBSIDIARIES, AFFILIATES, DIRECTORS, AGENTS, EMPLOYEES AND/OR SUPPLIERS, DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM, ARISING OUT OF, OR ANY WAY RELATED TO YOUR USE OF OUR WEBSITE OR SERVICE, INCLUDING:
a. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE;
b. ANY THIRD PARTY WEBSITES OR THIRD PARTY APPLICATIONS, SOFTWARE AND/OR CONTENT, DIRECTLY OR INDIRECTLY, ACCESSED THROUGH HYPERLINKS ON THE WEBSITE (INCLUDING ANY ERRORS IN OR OMISSIONS THEREFROM);
c. ANY MODIFICATION, UNAVAILABILITY, DELAY OR CANCELLATION OF THE SERVICE, OR ANY PORTION THEREOF, WITH OR WITHOUT NOTICE TO YOU FOR ANY OR NO REASON;
d. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
e. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES (INCLUDING BUT NOT LIMITED TO SEIZURES AND OTHER PERSONAL INJURIES ARISING FROM YOUR USE OF VIRTUAL REALITY HEADSETS TO VIEW THE WEBSITE); OR,
f. PROBLEMS OR TECHNICAL MALFUNCTION OF ANY COMPUTER OR MOBILE NETWORKS, COMPUTER ONLINE SYSTEMS, SERVERS, INTERNET ACCESS PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR ANY COMBINATION THEREOF (INCLUDING ANY INJURY OR DAMAGE TO YOUR, OR ANY OTHER PERSON’S, COMPUTER AS A RESULT OF USING THE WEBSITE), WHETHER OR NOT CAUSED BY US.
ALL WARRANTIES, TERMS AND CONDITIONS, EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS. AS A VISITOR TO THE WEBSITE, ANY RELIANCE ON OR USE BY YOU OF ANY CONTENT IS ENTIRELY AT YOUR OWN RISK.
THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THIS WEBSITE, OR ON THE INTERNET GENERALLY, IS OR WILL BE CONFIDENTIAL AND SECURE. THE USE OF THIS WEBSITE AND THE SERVICES ARE AT YOUR OWN RISK.
10. LIMITATION OF LIABILITY
DISCLAIMER OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OR OUR AFFILIATES, AGENTS, EMPLOYEES AND/OR SUPPLIERS, BE LIABLE TO YOU, OR ANY OTHER PARTY, FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF OUR WEBSITE OR SERVICE. FURTHERMORE, WE WILL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LEGAL FEES OR COURT COSTS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE OUR SERVICE, WEBSITE, OR ANY CONTENT CONTAINED THEREIN, REGARDLESS OF WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO OUR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
THIS ARTICLE DOES NOT EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUD COMMITTED BY US OR FROM ANY OTHER LIABILTY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.
CAP ON LIABILITY. UNDER NO CIRCUMSTANCES WILL WE, OR OUR AFFILIATES, AGENTS, EMPLOYEES AND/OR SUPPLIERS, BE LIABLE TO YOU FOR MORE THAN THE ANY AMOUNTS RECEIVED BY US AS A RESULT OF YOUR USE OF THE SERVICES IN THE 6 MONTHS PRECEDING YOUR CLAIM. IF YOU HAVE NOT PAID ANY AMOUNTS IN THE 6 MONTHS PRECEDING YOUR CLAIM, OUR SOLE AND EXCLUSIVE LIABILITY SHALL BE TWENTY FIVE DOLLARS (USD $25).
THIRD PARTIES. YOU AGREE THAT WE ARE NOT LIABLE, AND YOU WILL NOT TO SEEK TO HOLD US LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS.
BASIS OF THE BARGAIN. THE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL TERMS BY WHICH WE PROVIDE OUR SERVICES TO YOU AND THEY ARE THE ESSENTIAL BASIS BY WHICH WE MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
You hereby indemnify, defend and hold Us, and Our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers harmless from and against all reasonably foreseeable losses, expenses, damages, costs, liabilities claims and demands, including reasonable attorneys’ fees, relating to or arising out of (a) Your Content, (b) Your breach of any representation, warranty or covenant contained in these Terms, (c) Your use of Our Services (including via a virtual reality headset), (e) Your violation of any rights of another party and (f) Your violation of any applicable law. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You under this article, and in such case, You agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.
Our right to be indemnified herein is in addition to all of Our other rights at law or as provided in these Terms. You agree that the provisions in this article will survive any termination of these Terms or Your access to Our Services.
12. Term, Termination and Survival
The Terms shall commence on the date when You accept them (as described in the preamble above) and remain in full force and effect while You use the Services, unless terminated earlier in accordance with these Terms. If You have breached the Terms, or if We are required to do so by law, We have the right, in Our sole discretion, to suspend or terminate Your access to Our Website and Services with or without notice to You. Termination of any Service will include the removal of Your access to such Service and the barring of Your further use of the Service. Termination or suspension of Your Service may also include deletion of Your information and Content. Upon termination of any Service, Your right to use such Service will terminate immediately and You shall not be entitled to the refund of any unused portion of subscription fees.
Upon termination of these Terms, You will no longer have a right to access Your account or Your Content. We will not have any obligation to assist You in migrating Your data or Your Content and We may not keep any back up of any of Your Content. We will not be not responsible for deleting Your Content. Note that, even if Your Content is deleted from Our active servers, it may remain in Our archives (but we have no obligation to archive or back-up Your Content), and subject to the licenses set forth in these Terms.
All provisions of these Terms which by their nature should survive, shall survive termination of Services however so caused, including without limitation, the provisions pertaining to Our disclaimers, Our limitations on liability, the ownership of intellectual property, the termination of these Terms, Your licence granted to Us, Your warranty and Your indemnity.
13. Governing Law
These Terms are hereby deemed to have been formed in the City of Toronto, in the Province of Ontario. As such, the laws of the Province of Ontario, without regard to conflict of laws principles, exclusively govern both these Terms and any dispute that might arise between You and Us in respect of the Services or, in respect of the Website. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of the Province of Ontario, sitting in the City of Toronto, and/or the Federal Court of Canada in the Province of Ontario, or any other judicial district or jurisdiction as We may determine, in any and all actions, disputes, or controversies relating thereto.
The division of these Terms into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of these Terms. In these Terms, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.
No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of these Terms for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.
These Terms as they may be amended from time to time, and any and all other terms, conditions, legal notices and policies uploaded by Us on Our Website, constitutes the entire agreement between You and Us with respect to the Website and Our Services. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Any provision of these Terms which are held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of these Terms or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
These Terms shall inure to the benefit of and be binding upon each of Us and Our respective successors and assigns. You acknowledge having read these Terms before accepting it, having the authority to accept these Terms and having received a copy of these Terms.