Terms & Conditions - VR Porn Videos

Last Updated: April 9, 2024

This terms-of-service agreement is entered into between you and Swearl, LLC, a California limited liability company (“VRSmash,” “we,” or “us”). The following agreement and any documents it references (collectively, “agreement”) governs your access to and use of VRSmash.com, including any content, functionality, and services offered on or through VRSmash.com (“Website”), whether as a guest or a registered user.

Acceptance of Agreement.
1. This document contains very important information regarding your rights and obligations, and conditions, limitations, and exclusions that might apply to you. Please read it carefully.
2. Notice: Section 24 of this agreement contains a mandatory arbitration agreement. By using our Website and accepting this agreement, you (1) agree to binding arbitration of these claims before a neutral arbitrator; and (2) waive your rights to go to court, have a jury hear your case, or participate as part of a class of plaintiffs for any disputes with us.
3. By using the Website or by clicking to agree to the agreement when that option is made available to you, you agree to be bound and abide by this agreement. If you do not want to agree to this agreement, you must not access or use the Website.
4. This Website is offered and available to persons who are 18-years old or older, who have reached the age of majority where they live, and who are not prohibited by law from accessing or viewing sexually explicit content. By using this Website, you state that the following facts are accurate: (1) you are at least 18-years old; (2) if the laws of your jurisdiction provide that you can only be legally bound by a contract at an age that is higher than 18-years old, then you are old enough to be legally bound by a contract under the laws of that jurisdiction; (3) you are permitted by the laws of your jurisdiction to join the Website and to view any Materials available on it and to use any functionality provided by it; and (4) you are able and willing to make payment (where required) to view Materials available on the Website that you wish to view. If you do not meet all these requirements, you must not access or use the Website.
Changes to Agreement. We may revise and update this agreement from time to time. The Website will require you to review and agree to the amended agreement before you can continue to use the Website. All changes are effective immediately when posted and apply to all access to and use of the Website afterwards. However, any changes to section 23 (Governing Law and Jurisdiction) or section 24 (Arbitration) will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Adult-Oriented Material.
1. Agreement to View Adult Material. The Website is designed and intended solely for adults who are interested in and wish to have access to visual images, verbal descriptions, and audio sounds of a sexually oriented, and frankly erotic, nature. The material available on the Website include graphic visual depictions and descriptions of nudity and sexual activity and must not be accessed by anyone under the legal age in their respective jurisdiction or by those who do not wish to be exposed to that material. If you do not meet these requirements, you must not access the Website and must leave now. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing this Website in a way that places you in breach of any contract you have with a nonparty (for example, your employment contract) or in breach of any law.
2. Section 230(d) Notice. Under 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that might help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using these products, which we provide for informational purposes only and do not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
3. Child Sexual Abuse Material (“CSAM”) Prohibited. We prohibit material involving minors on the Website. We only allow 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 on the Website or that is otherwise exploitative of children, please promptly report this to us at [email protected]. Please include with your report all appropriate evidence, including the date and time of identification. We will promptly investigate all reports and take proper action. We cooperate with any law enforcement agency investigating alleged child exploitation or CSAM.
4. Prostitution and Sex Trafficking Prohibited. We prohibit using the Website or its interactive services in any way to engage in, take part in, aid, support, promote, ask for, or ease any act of prostitution or sex trafficking. This prohibition includes using the Website or its services to share personal contact details or arrange face-to-face meetings. If you see any evidence of this on the Website, please promptly report this to us at [email protected]. Please include with your report all evidence, including the date and time of identification. We will promptly investigate all reports and take proper action. We will terminate the account of any person engaging in any prostitution or sex trafficking. We will report all individuals suspected of promoting or facilitating prostitution or sex trafficking to the appropriate law enforcement agency. We will cooperate with any law enforcement agency investigating prostitution or sex trafficking.
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.
1. Due to the nature of VR content, VRSmash 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.
2. 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 that you could bump into, fall over, fall through, or cut yourself on. Do not view VR content while engaging in other activities including walking, biking, dancing, driving, or handling dangerous items.
3. 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 preceding symptoms or other adverse symptoms.
4. Prolonged viewing of VR content should be avoided as it might 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.
5. 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 or hand-eye coordination, nausea, increased sweating, motion sickness, pain, fatigue, dizziness, disorientation, or drowsiness. You should consult a physician before you resume viewing any VR content.
6. 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.
7. If you elect to view VR content 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.
8. Consult a physician if you have serious or persistent symptoms.
Deepfake Content Disclaimer and Use Policy.
1. Content Ownership and Creation. Some of the content on this Website is deepfake content created and curated by VRSmash with the consent of the individuals depicted in that deepfake content. For purposes of this agreement, “deepfake content” refers to videos, images, or audio recordings that have been created or altered with artificial intelligence or machine learning techniques to depict persons or scenarios that did not actually occur. This includes, but is not limited to, the modification of existing media to change the appearance, voice, or actions of individuals.
2. Purpose and Use. The deepfake content provided on the Website is intended for entertainment purposes only. Users are cautioned against using this content for misleading, fraudulent, or unlawful activities.
3. Consent and Rights. VRSmash commits to ethical content creation practices, including obtaining necessary consents from individuals whose likeness is used in creating deepfake content, where applicable and practicable.
4. Disclaimer of Warranties. VRSmash is providing the deepfake content “as is” and is not making any warranty, either express or implied. While we aim for accuracy and authenticity in our content, VRSmash is not making any warranty, express or implied, regarding the reliability, accuracy, and suitability of the deepfake content for any particular purpose.
Accessing the Website. We may withdraw or amend our Website and any service or material provided on it without notice. We will not be liable if, for any reason, any part of the Website is unavailable at any time or for any period. From time to time, we 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 access the Website and its Materials. Access to the Website might not be legal by certain persons or in certain countries. We are not making any statement that the Website or its Materials are accessible or appropriate in your jurisdiction. Please check with your individual jurisdiction for legality. Otherwise, you access the Website on your own initiative and are responsible for complying with local laws.
Your Account.
1. Account Creation. To access many of the Website’s features, you must create an account. Registration is free and for a single user only. To register, you must complete the registration process by providing us with accurate information as prompted by the registration form. You must provide a valid email address, a username, and a password. Do not choose a username that is offensive or that infringes anyone’s service mark, trademark, or trade name. We may delete or require you to change any username that violates this section 7.1. Your password should be unique (meaning that it is different from those you use for other websites) and must comply with the Website’s technical requirements for the composition of passwords. By creating an account, you state to us that (1) all account registration and profile information you provide is your own and is accurate; (2) if you previously had an account on the Website, we did not suspend or terminate that account for breach of this agreement; and (3) you are creating an account for your personal use, and you will not sell, rent, or transfer your account to anyone. If you are registering with the Website as a business entity, you also state that you have the authority to legally bind that entity to this agreement.
2. Responsibility for Account. You are responsible for keeping your password and account confidential. Further, you are responsible for all activities that occur under your account. You must promptly let us know about any unauthorized use of your account or any other security breach. You must not sell, rent, lease, share, or provide access to your account to anyone else, including charging anyone for access to administrative rights on your account. We may disable any username, password, or other identifier, whether chosen by you or provided by us, at any time for any reason or no reason, including if, in our opinion, you have violated any part of this agreement. We may cancel unconfirmed accounts or accounts that have been inactive for more than a year.
3. Liability for Account Misuse. We will not be liable to you for any loss that you might incur because of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by another person or us because of someone else’s use of your password or account.
4. Use of Other Accounts. You must not use anyone else’s account at any time.
5. Account Security. We care about the integrity and security of your personal information. But we cannot guarantee that unauthorized persons can never defeat the Website’s security measures or use any personal information you provide to us for improper purposes. You provide your personal information at your own risk.
6. Communication Preferences. By registering for an account, you hereby consent to receive electronic communications from us about your account. Communications might involve sending emails to the email address you provided during registration or posting communications on the Website and will include notices about your account (e.g., change in password, confirmation emails, and other transactional information) and are part of your relationship with us. You acknowledge that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that those communications be in writing. We recommend that you keep copies of electronic communications by printing a paper copy or saving an electronic copy. You also hereby consent to receive other communications from us, including newsletters about new features and content, special offers, promotional announcements, and customer surveys by email or other methods. You acknowledge that communications you receive from us might contain sexually explicit material unsuitable for minors. If you no longer want to receive non-transactional communications from us, please review our Privacy Policy on how to opt out of marketing communications.
Intellectual Property Rights.
1. Ownership. VRSmash owns and operates the Website. All content, features, functionality, and other materials found on the Website, including all visual interfaces, graphics, information, software (including source code and object code), text, displays, images, photos, videos, and audio, and the design, selection, and arrangement of them (collectively, “Materials”) are owned by VRSmash, its licensors, or other providers of those Materials. United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws protect all Materials found on the Website.
2. License Grant. VRSmash hereby grants you a limited, personal, nontransferable, nonsublicensable, nonexclusive license to access and use the Website and the Materials for your personal, noncommercial use only. You must not reproduce, distribute, resell, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Materials on the Website, except as follows:
  1. Your computer may temporarily store copies of the Materials in RAM incidental to your accessing and viewing those Materials.
  2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
  3. You may print or download 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.
  4. You may view or download any Materials to which you have properly gained access solely for your personal, noncommercial use and not for further reproduction, publication, or distribution.
  5. If we offer 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, subject to our end user license agreement for those applications.
  6. If we provide social media features with certain content, you may take those actions as are enabled by those features.
3. License Restrictions.
  1. You must not:
    1. Download any Materials unless the Website itself gives you that option.
    2. Modify copies of any Materials from the Website.
    3. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
    4. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Materials from the Website.
  2. You must not access or use any part of the Website or the Materials available through it for any commercial purposes unless we agree otherwise in writing.
  3. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Materials in breach of this agreement, your right to use the Website will terminate immediately, and you must, at our option, return or destroy any copies of the Materials you have made. No interest in the Website or any Materials on the Website is transferred to you, and VRSmash reserves all rights not expressly granted. Any use of the Website not expressly permitted by this agreement is a breach of this agreement and might violate copyright, trademark, and other laws.
4. Trademarks. Swearl, LLC’s name and logo; the terms VRSMASH and VRSMASH.COM; the Website’s logo; and all related names, domain names, logos, product and service names, designs, and slogans, as well as the Website’s look and feel, including all page headers, custom graphics, button icons, and scripts are trademarks or trade dress of VRSmash, its affiliates, or licensors. You must not use those marks in whole or in part with any product or service that is not ours, in any manner that is likely to cause confusion among consumers, or in any way that disparages or discredits us, without first obtaining our written permission. Any use of these marks must be under any guidelines that we may provide you with from time to time. All other service marks, trademarks, trade names, logos, product and service names, designs, and slogans on this Website are the marks of their respective owners. Reference on the Website to any products, services, processes, or other information—by trade name, trademark, manufacturer, supplier, or otherwise—does not constitute or imply our endorsement, sponsorship, recommendation, or any other affiliation.
Prohibited Uses.
1. You must use the Website only for lawful purposes and in accordance with this agreement. You must not use the Website:
  1. In any way that violates any federal, state, local, or foreign law or regulation (including any laws about exporting data or software to and from the US or other countries).
  2. To exploit, harm, or try to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.
  3. 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.
  4. To infringe the copyright, trademark, or other rights of any person.
  5. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  6. To impersonate or try to impersonate us, a VRSmash employee, another user, or any other person or entity (including by using email addresses or usernames associated with any of the preceding).
  7. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as we decide, may harm our Website’s users or us or expose them or us to liability.
2. Additionally, you must not:
  1. Use the Website in any way that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including their ability to engage in real-time activities through the Website.
  2. Conduct, facilitate, authorize, or permit any text or data mining or web scraping regarding the Website or any services provided through, or concerning, the Website. This includes using (or permitting, authorizing, or attempting to use): (i) any “robot,” “bot,” “spider,” “scraper,” or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor, record, or republish any part of the Website or any data, content, information, or services accessed through the Website; or (ii) any automated analytical technique aimed at analyzing text and data in digital form to generate information that includes but is not limited to patterns, trends, and correlations.
  3. Use any manual process to monitor or copy any of the Materials or any other unauthorized purpose without our prior written consent.
  4. Use any device, software, or routine that interferes with the proper working of the Website.
  5. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  7. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  8. Otherwise try to interfere with the Website’s proper working.
User Contributions.
1. The Website may contain comment sections and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (collectively, “post”) content or materials other than photographs or videos (collectively, “User Contributions”) on or through the Website. The Website prohibits you from posting photographs and videos.
2. All User Contributions must comply with the Content Standards set out in this agreement.
3. We will consider any User Contribution you post to the Website nonconfidential and nonproprietary. By providing any User Contribution on the Website, you hereby grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to nonparties any such material for any purpose.
4. You state that the following facts are accurate: (a) you own or control all interest in the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (b) all of your User Contributions do and will comply with this agreement.
5. You understand that you are responsible for any User Contributions you submit or contribute, and you, not VRSmash, have full responsibility for that content, including its legality, reliability, accuracy, and appropriateness.
6. We are not responsible or liable to any nonparty for the content or accuracy of any User Contribution posted by you or any other user.
Monitoring and Enforcement; Termination.
1. We may:
  1. Remove or refuse to post any User Contributions for any or no reason.
  2. Take any action regarding any User Contribution that we consider necessary or appropriate, including if we believe that the 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 VRSmash.
  3. Disclose your identity or other information about you to any person who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  5. Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of this agreement.
2. We will cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information about anyone posting any materials on or through the Website. You hereby waive and shall indemnify VRSmash and its affiliates, licensees, and service providers against any claims resulting from any action taken by any of the preceding parties during, or taken as a consequence of, investigations by either those parties or law enforcement authorities.
3. However, we cannot review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material 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 nonparty. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards. These content standards apply to all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all federal, state, local, and foreign laws and regulations. User Contributions must not:
1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
2. Promote sexually explicit or pornographic material (except for material on the Website), violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
3. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under laws or regulations or that otherwise might be in conflict with this agreement and our Privacy Policy.
5. Be likely to deceive any person.
6. Promote any illegal activity, or advocate, promote, or assist any unlawful act, including, but not limited to, promoting or facilitating prostitution or sex trafficking.
7. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
8. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
9. Involve commercial activities or sales, including contests, sweepstakes, and other sales promotions, barter, or advertising.
10. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Copyright Infringement. If you believe that any User Contribution infringes your copyright, please see our DMCA Policy for instructions on sending us a notice of copyright infringement. It is VRSmash’s policy to terminate the user accounts of repeat infringers.
Reliance on Information Posted.
1. The information presented on or through the Website is made available solely for general information purposes. We are not making any statement about the accuracy, completeness, or usefulness of this information. Any reliance you place on that information is at your own risk. We will not be liable for any reliance placed on those materials by you or any other visitor to the Website, or by anyone who might be informed of any of its contents.
2. This Website might include content provided by nonparties, 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 VRSmash, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of VRSmash. We are not responsible, or liable to you or any nonparty, for the content or accuracy of any materials provided by any nonparties.
Changes to the Website. We may update the Materials on this Website from time to time, but the Website’s Materials are not necessarily complete or up to date. The Website’s Materials might be out of date at any given time, and we are not required to update those Materials.
Information About You and Your Visits to the Website. For information about how we collect, use, and share your personal information, please review our Privacy Policy.
Premium Memberships.
1. Definitions. In this section 17, the following definitions apply:
  1. “Chargebacks” means a request you file directly with your card company or bank to invalidate Fees.
  2. “Fees” means amounts paid or payable to VRSmash in exchange for a Membership under this agreement using a Payment Method. Fees are posted on the Website.
  3. “Login” means the combination of the unique username and password sold or provided by VRSmash to the User and used to access the Membership.
  4. “Membership” means the access granted to a User to the Premium Area using a Login for a limited period to use the Services.
  5. “Payment Method” means the payment method you use to purchase your Membership, including credit card or bitcoin.
  6. “Premium Area” means the part of the Website that requires you to purchase a Membership to access the Services.
  7. “Services” means the limited, nontransferable license to stream or download images and videos or other content from the Website and navigate the Premium Area.
  8. “User” means an individual who is at least 18-years old and the age of majority in the jurisdiction where they live who has a Membership or rightfully accesses the Website.
2. Fees and Membership Information. Users are liable for Fees for Membership and all taxes. You must provide us with a valid Payment Method. We will bill the Fees to your chosen Payment Method. We may adjust Fees for Memberships at any time. We do not provide price protection or refunds in the event of a price reduction or promotional offering.
3. Membership Types. The Website may offer various types of Memberships of different terms (ex: monthly or yearly) (each, a “Membership Term”). Each Membership Term offered will have its own Fee indicated during the join process and, except for nonrecurring Memberships, will rebill at the Fee and at the frequency indicated in the receipt sent to the User’s email address. Fees are subject to change due to laws and taxes; if you do not cancel within 30 days, you are considered to have accepted the Fee change.
4. Auto-Renewal. Except for nonrecurring Memberships, your Membership will continue for the Membership Term and automatically renew for additional prepaid periods of the same length at the rates in effect at the time you originally signed up until canceled. Users must cancel their recurring Membership before it renews each Membership Term to avoid billing of the next Membership Term’s Fees to their Payment Method. Until canceled, the User authorizes VRSmash to continue charging the User’s Payment Method to pay: (a) Fees for recurring Membership; (b) all purchases of other products, services, and entertainment provided by the Website; and (c) other liabilities of User to VRSmash.
5. Delayed Transactions. If a User’s Payment Method was declined, we may try to process the Payment Method again under the same conditions as initiated by the User, within seven days of the User’s first attempt to purchase that Membership. Where the Payment Method is approved in that circumstance, the User will receive an email confirming the successful completion of their transaction along with their Login details. For recurring Memberships, the User’s next rebill will be attempted on their initial rebill date. We may change the Fee of the rebill or of the initial transaction to a lesser amount with the obligation to continue the User’s recurring Membership at the original rebill Fee, which will take effect as of the next rebill unless the User cancels before that rebill, or at the initial Payment Method Fee to successfully complete the User’s purchase of their Membership. If an unsuccessful recurring payment, we may charge an administrative fee of up to US$2 to maintain an active Membership until the Membership Fee can be processed successfully. At any time, if you have any questions about the rebill Fee or date of your Membership, please contact [email protected].
6. Daily Download Policy. The Website limits you to downloading no more than 20 scenes a day. VRSmash may change the daily download limits at any time without notice. VRSmash may suspend or ban accounts that exceed this daily limit. If your account is banned, you will receive a pro-rated refund based on the time remaining on your Membership. VRSmash will notify any user whose account is suspended or banned by email.
7. Viewing Restrictions. You may stream or download content for your personal viewing purposes. You must not: (a) transmit or distribute any content through any means; (b) publicly exhibit any content; (c) resell views of any content; or (d) allow others to use your Login to view or download content. All rights not granted are expressly reserved by VRSmash and each content creator.
8. Content Availability.
  1. Content is provided on an as-available basis. VRSmash does not guarantee that any particular content will be available for streaming or download after purchase of a Membership. If content becomes unavailable for any reason, VRSmash may, without penalty, eliminate or reduce the amount of time you have to stream or download the content.
  2. Content may be offered in different formats (e.g., SD, HD, 4K, etc.). Your ability to stream or download content in a particular format will depend on your device and the bandwidth of your Internet connection.
  3. Some content might not be available for viewing on all devices or in all territories.
  4. Content is made available to Users exclusively through their VRSmash account. You must maintain your Membership in good standing to stream or download content. If your Membership is canceled, you will lose the ability to watch content.
9. Cancellation Policy. You may cancel your recurring Membership at any time by contacting the payment processor identified in the receipt emailed to you by emailing us at [email protected]. If a recurring Membership is canceled before the renewal date, the User will continue to have access to the Premium Area for the remainder of the Membership Term.
10. Taxes, Billing Disputes, Refund Policy, and Chargeback Policy.
  1. Taxes. You are responsible for all federal, state, or local sales or use taxes, value-added taxes (VAT), or similar taxes or fees payable with your purchase. If you do not pay those taxes or fees on a transaction, you will be responsible for those taxes or fees if they are later found to be payable on that sale, and we may collect those taxes or other fees from you at any time. If we must collect or pay any taxes with your purchase, we will charge you those taxes at the time of each payment transaction.
  2. Billing Disputes. If you believe that we have charged your Payment Method in error, you must notify us in writing no later than 30 days after you receive the billing statement in which the error first appeared. If you do not notify us in writing of a dispute within this period, you waive any disputed charges. You must submit any billing disputes in writing through [email protected] and include a detailed statement describing the nature and amount of the disputed charges. We will correct any mistakes in a bill and add or credit them against your future payments.
  3. Refund Policy. Except as provided by law, Fees are non-refundable once the Login details have been used on the Premium Area. Non-use of a Membership or inability of User to access the Premium Area through no fault of VRSmash are not grounds for a refund of Fees. We will not issue refunds or credits for partially used Membership Terms. If you believe exceptional circumstances exist for a refund, please email us at [email protected]. If we issue a refund in our sole discretion, we will issue that refund in the form of a credit to the Payment Method used to make the original purchase. We will not issue refunds in the form of cash, check, or free services. All refunds will be issued within ten days of communication between the User and VRSmash. Issuing a refund in one instance does not entitle you to a refund in the future for similar instances, nor does it require us to issue refunds in the future under any circumstance. This section 17.10(c) does not affect any statutory right to receive a refund from VRSmash that a User might have under law.
  4. Chargeback Policy. We carefully investigate all Chargebacks. You must not make unjustified Chargeback requests of your payment card provider. The User will remain responsible for the consequences caused by such a breach of contract. We will review excessive and potentially fraudulent Chargebacks and we may prevent the User from making additional purchases during that review. If we determine that any Chargeback request is fraudulent or was made by the User in bad faith, we may suspend and terminate your Membership or any future Membership you purchase.
Linking to the Website and Social Media Features.
1. You may link to our homepage or your profile page, on condition that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
2. This Website may provide certain social media features that enable you to:
  1. Link from your own or certain nonparty websites to certain content on this Website.
  2. Send emails or other communications with certain content, or links to certain content, on this Website.
  3. Cause limited parts of content on this Website to be displayed or appear to be displayed on your own or certain nonparty websites.
3. You may use the features set out in section 18.2 solely as they are provided by us solely for the content they are displayed with, and otherwise under any additional terms we provide for those features. Subject to the preceding, you must not:
  1. Establish a link from any website that is not owned by you.
  2. Cause the Website or parts of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  3. Link to any part of the Website other than the homepage or your profile page.
  4. Otherwise take any action regarding the materials on this Website that is inconsistent with any other provision of this agreement.
4. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in this agreement.
5. You must cooperate with us in causing any unauthorized framing or linking immediately to stop. We may withdraw linking permission without notice.
6. We may disable any social media features and any links at any time without notice.
Links from the Website. If the Website contains links to other sites and resources provided by nonparties, those links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that might arise from your use of them. If you decide to access any of the nonparty websites linked to this Website, you do so entirely at your own risk and subject to the terms of use for those websites.
Warranty Disclaimers.
1. VRSmash provides the Website “as is” and “as available.” You use the Website at your own risk. You must provide your own device and internet access.
2. You acknowledge that we are not responsible for any User Contributions found on the Website. We do not own any User Contributions on the Website, and the views expressed by users in their User Contributions do not represent our views.
3. Except as expressly set out in this agreement, and to the extent permitted by law, VRSmash is not making any warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. Among other things, VRSmash is not making any warranty (1) that the Website, or any part of it, will be available or permitted in your jurisdiction, uninterrupted or error-free, completely secure, or accessible from all devices or browsers; (2) that we will host, make available, or remove any specific piece of content; (3) concerning any User Contribution posted by or actions of our users; (4) that any geo-filtering or digital rights management solution that we might offer will be effective; (5) that the Website will meet your business or professional needs; (6) that we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or (7) concerning any third-party websites and resources.
4. The disclaimers of warranty under this section also apply to our subsidiaries, affiliates, and third-party service providers.
5. The above does not affect any warranties that cannot be excluded or limited under law.
Limit of Liability.
1. To the extent permitted by law, (a) VRSmash is not liable to you for any indirect, incidental, special, consequential, punitive, or exemplary damages, including damages for loss of business, profits, goodwill, data, or other intangible losses, even if VRPon has been advised of the possibility of those damages; and (b) VRPon’s total liability to you, except for VRSmash’s contractual payment obligations under this agreement (if any), will not exceed the amounts paid by you to VRSmash over the 12 months preceding your claim(s) or US$500, whichever is greater. In this section 21, “VRPon” includes its subsidiaries, affiliates, officers, managers, employees, agents, and third-party service providers.
2. The limit of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the Website.
3. The above does not affect any liability that cannot be excluded or limited under law.
Indemnification. You shall indemnify us against all losses and liabilities, including legal fees, that arise from this agreement or relate to your use of the Website, including your submission of User Contributions. We reserve the right to exclusive control over the defense of a claim covered by this section. If we use this right, then you will help us in our defense. Your obligation to indemnify under this section also applies to our subsidiaries, affiliates, officers, managers, employees, agents, and service providers.
Governing Law and Jurisdiction; Jury Trial Waiver.
1. California law governs all adversarial proceedings arising out of this agreement or access or use of the Website. This agreement’s predominant purpose is providing services and licensing access to intellectual property and not a “sale of goods.” The United Nations Convention on Contracts for the International Sale of Goods will not govern this agreement, the application of which is expressly excluded.
2. Except for disputes subject to arbitration, as the exclusive means of bringing adversarial proceedings to resolve any dispute arising out of this agreement or the subject matter of this agreement, a party may bring such a proceeding in the United States District Court for the Central District of California or in a state court of California. Each party acknowledges that those courts would be a convenient forum. Each party hereby waives its right to a trial by jury in any adversarial proceedings arising out of this agreement.
Arbitration; Class Action Waiver.
1. You and VRSmash hereby waive any right to litigate claims in a court or before a jury, or to participate in a class action or representative action regarding a claim. Other rights that you would have if you went to court may also be unavailable or might be limited in arbitration. Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) between you and us arising from or relating in any way to your use of the Website, will be resolved exclusively and finally by binding arbitration.
2. Arbitration Resolution Services, Inc. (ARS) (or a similar online dispute resolution provider if ARS is not available) will administer the arbitration under its rules available at www.arbresolutions.com, then in effect, except as modified by this section 24. The Federal Arbitration Act will govern the interpretation and enforcement of this section 24. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award from the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party legal fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
3. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intent to do so within 60 days of the date your claim arose. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
4. You agree to arbitrate on an individual basis. In any dispute, neither you nor VRSmash will be entitled to join or consolidate claims by or against other users in court or in arbitration or otherwise participate in any claim as a class representative, class member, or in a private attorney general capacity. The arbitral tribunal will not consolidate more than one person’s claims and will not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
5. If any provision of this section 24 is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
Recovery of Expenses. In any proceedings between the parties arising out of this agreement or relating to the subject matter of this agreement, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses.
Limitation on Time to Bring Claims. A party shall not bring a claim arising out of this agreement or access or use of the Website more than one year after the cause of action arose. Any claim brought after one year is barred.
Miscellaneous.
1. Entire Agreement. This agreement constitutes the entire understanding between the parties regarding the subject matter of this agreement and supersedes all other agreements, whether written or oral, between the parties. The Privacy Policy, the DMCA Policy, the Complaint Policy, and the Affiliate Agreement constitutes part of this agreement.
2. Assignment. This agreement is personal to you. Except with VRSmash’s prior written consent, you shall not transfer, including by merger (whether you are the surviving or disappearing entity), consolidation, dissolution, or operation of law, (1) any discretion granted under this agreement, (2) any right to satisfy a condition under this agreement, (3) any remedy under this agreement, or (4) any obligation imposed under this agreement. Any purported transfer by you in violation of this section 27.2 will be void.
3. Waiver. No waiver under this agreement will be effective unless it is in writing and signed by the party granting the waiver. A waiver granted on one occasion will not operate as a waiver on other occasions.
4. Severability. If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
5. Notices.
  1. Notice to Us. You may give notice to us by email at [email protected], Attn: Legal Department. We may change our contact information on one or more occasions by posting the change on the Website. Please check the Website for the most current information for notifying us.
  2. Notice to You—Electronic Notice. You consent to receive any notice from us in electronic form either (1) by email to the last known email address we have for you or (2) by posting the notice on a place on the Website chosen for this purpose. You state that any email address you gave us for contacting you is a valid email address for receiving notice.
6. No Third-Party Beneficiaries. Except as set out in section 22, 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.
7. Electronic Communications Not Private. We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to us or from us as open communications readily accessible to the public. You should not use the Website to send or receive messages that you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to or through the Website regardless of whether they are the intended recipients.
8. Electronic Signatures. Any affirmation, assent, or agreement you send through the Website will bind you. When you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
9. Feedback. We encourage you to provide feedback about the Website. But we will not treat as confidential any suggestion or idea provided by you, and nothing in this agreement will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
10. Consumer Rights Information—California Residents Only. This section 27.10 applies only to California residents. In compliance with section 1789 of the California Civil Code, please note the following:
  Swearl, LLC
  [email protected]
  Users who wish to gain access to the Premium Area of the Website must be a member in good standing. We post the current Fees for Membership on the join page. We may change the Fees at any time. You may contact us at [email protected] to resolve any billing disputes or to receive further information about the Website.
11. Complaints—California Residents Only. You may 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 +1 (916) 445-1254.
12. Your Comments and Concerns. The Website is operated by Swearl, LLC. All notices of copyright infringement claims should be sent to the copyright agent designated in our DMCA Policy in the manner and by the means set out in it. All abuse notices, including alleged CSAM, should be directed to [email protected]. You should direct all other feedback, comments, requests for technical support, and other communications relating to the Website to us at [email protected].