Information

Last updated on: Oct 01, 2020

MyVRGirls.com
18 U.S.C. § 2257 Statement

Last Updated: October 1, 2020

Any actual human beings depicted in images or videos appearing on the website located at www.myvrgirls.com (“Website”) were at least 18-years old at the time those images or videos were produced.

Exemption: Content Produced by Third Parties
The Website’s operator is not the “producer” of any depictions of actual or simulated sexually explicit conduct that may appear on the Website. The Website’s operator limits its handling of this content and only performs the activities of transmission, storage, retrieval, hosting, or formatting of material that may depict sexually explicit conduct, all which material appears on the Website as the result of actions taken by third-party users of the Website. All parts of the Website that contain user-generated material are under the control of the relevant user, for whom the Website is provided as an online service by the operator. Under 18 U.S.C. § 2257(h)(2)(B)(v) and 47 U.S.C. § 230(c), the Website’s operator may delete materials appearing on the Website as the result of actions taken by the Website’s users, which materials are considered, in the operator’s sole discretion, to be indecent, obscene, defamatory, or inconsistent with the Website’s policies and terms of service.

Exemption: Content Produced by Website Operator
To the extent that any images or videos appear on the Website, for which the Website’s operator may be considered the “producer,” those images and videos are exempt from the requirements of 18 U.S.C. § 2257 and 28 C.F.R. Part 75 for one or more of the following reasons: (1) the produced images or videos do not portray any sexually explicit conduct defined in 18 U.S.C. § 2256(2)(A); (2) the produced images or videos do not portray depictions of the genitals or pubic area created after July 27, 2006; (3) the produced images or videos do not portray simulated sexually explicit activity occurring after the effective date of 18 U.S.C. § 2257A; or (4) the produced images or videos were created before July 3, 1995.

Designated Records Custodian
Without limiting the applicability of the above-stated exemptions, the Website’s operator has designated the custodian, whose address appears below, to be the keeper of original records described in 18 U.S.C. § 2257 and 28 C.F.R. Part 75 for all materials appearing on the Website that fall in the following categories: (1) marketing and advertising materials that contain visual depictions of actual or simulated sexually explicit conduct, which materials have been acquired or created by the Website’s operator to promote the Website; or (2) materials that are not exempt, as described above.

The named earlier records and their custodian can be found at the following location:

Lawrence Walters
Latam Digital BPO LLC
195 W. Pine Ave.
Longwood, Florida 32750-4104

Last updated on: Oct 01, 2020

MyVRGirls.com
Copyright Policy

Last Updated: October 1, 2020

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from MyVRGirls.com (“Platform”) infringe your copyright, you may request removal of those materials (or access to them) from the Platform by submitting written notification to our Copyright Agent (designated below). Under the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (“DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.

  • Identification of the copyrighted work you believe in having been infringed or if the claim involves multiple works on the Platform, a representative list of the works.

  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

  • A statement that the information in the written notice is accurate.

  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:

Corey D. Silverstein, Esq.
30150 Telegraph Road, Suite 444
Bingham Farms, Michigan 48025
(248) 645-1222 (fax)
dmca@myvrgirls.com

If you fail to comply with all the requirements of section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under section 512(f) of the DMCA.

Counter-Notification Procedures

If you believe that material you posted on the Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our Copyright Agent (identified below). Under the DMCA, the Counter-Notice must include substantially the following:

  • Your physical or electronic signature.

  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.

  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).

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

  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States, the United States District Court for the Middle District of Florida) and that you will accept service from the person (or an agent of that person) who provided the Platform with the complaint at issue.

Completed Counter-Notices should be sent to:

Corey D. Silverstein, Esq.
30150 Telegraph Road, Suite 444
Bingham Farms, Michigan 48025
(248) 645-1222 (fax)
dmca@myvrgirls.com

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Platform was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable or terminate the accounts of users who are repeat infringers under our repeat infringer policy.

Last updated on: Aug 03, 2019

Full list of forbidden terms

!nt0x 

!ntox 

1nt0x 

1ntox 

4ced 

abus3d 

abuse 

abused 

abuses 

abusing 

ach.0hol 

alcoh0l 

alcohol 

an1mal 

animal 

asleep 

asphyxia 

asphyxiate 

asphyxicate 

asphyxication 

b.l.o.o.d 

beastiality 

bestiality 

bl.o.o.d 

bl.ood 

bl@@d 

bl00d 

bl00dy 

bl0od 

bl33d 

bled 

bleed 

bleeding 

bleeds 

blo0d 

blood 

bloody 

blud 

brutal 

brutality 

brutalization 

cannibalism 

ch0ke 

ch0king 

child 

chloroform 

chloroformed 

chok1ing 

choke 

choked 

chokes 

choking 

coerced 

d unk 

d.rug 

d.rugs 

disgrace 

disgraced 

dr unk 

dr-unk 

dr.ug 

dr@nken 

dri nking 

drink 

drinkin 

drinking 

drlnk 

dru nk 

dru6 

dru66ed 

dru6s 

drug 

drugged 

drugging 

drugs 

drunk 

drunken 

drunkk 

druuunk 

f()rced 

f0.rced 

f0r.c3d 

f0r.ced 

f0rc3d 

f0rce 

f0rced 

f0rces 

fecal 

fetal 

foetal 

for.c3d 

for.ced 

forc3d 

forcd 

force 

forced 

forced bi 

forced fem 

forced-bi 

forcedd 

forcefully 

forces 

forcing 

gang-rapeed 

h-y-p-n-o 

h-y-p-no-sis 

h.yp.no 

h@pnotic 

hhypn0sis 

hipnosis 

hy-p-n0 

hy-p-no 

hy-pn0 

hy-pno 

hy.p.n.o 

hy.pn.0 

hy.pn.0. 

hy.pn.0sis 

hy.pn.0tized 

hy.pnotic 

hy.pnotizing 

hy=pnotic 

hyno 

hynotise 

hynotised 

hynotize 

hynotized 

hyp 

hyp.n0 

hyp.no 

hyp.notic 

hyp0 

hypn 

hypn.0.sis 

hypn.o.sis 

hypn0 

hypn0 s1s 

hypn0-sub 

hypn0$i$ 

hypn0s1s 

hypn0sis 

hypn0sub 

hypn0t!ze 

hypn0therapy 

hypn0tic 

hypn0tiized 

hypn0tist 

hypn0tize 

hypn0tizing 

hypno 

hypno sis 

hypno-sub 

hypno$i$ 

hypnodomme 

hypnodomme! 

hypnofetish 

hypnoo 

hypnose 

hypnose- 

hypnoses 

hypnosi 

hypnosi s 

hypnosis 

hypnosis sub 

hypnosisub 

hypnossis 

hypnosub 

hypnoteuse 

hypnotic 

hypnotic spell 

hypnotic. 

hypnotice 

hypnotiq 

hypnotise 

hypnotised 

hypnotism 

hypnotist 

hypnotixed 

hypnotize 

hypnotized 

hypnotizes 

hypnotizing 

hypnoziz 

hypnoziz. 

hyposis 

hypotised 

hypotized 

in.t0x 

incacitated 

incapacitate 

incapacitation 

incest 

inebriated 

infant 

int0.x 

int0x 

int0xicate 

int0xicated 

int0xicates 

int0xicating 

int0xicatio..n 

int0xication 

into.x 

into.xication 

intox 

intox.icated 

intoxicants 

intoxicate 

intoxicated 

intoxicates 

intoxicating 

intoxication 

involunt 

involuntarily 

involuntary 

k!dnapped 

k!ll 

k1dn@pped 

k1dnapped 

k1ll 

kidnap 

kidnaped 

kidnaping 

kidnapped 

kidnapping 

kidnaps 

kill 

killed 

killing 

kills 

liquor 

menstrual 

menstruate 

menstruation 

molest 

molestation 

molested 

murder 

mutilate 

mutilation 

necrophilia 

ngga 

nigga 

niggas 

niggaz 

nigger 

niggerized 

p.0.pp.ers 

p.0.ppers 

p()ppers 

p\*\*p 

p0.ppers 

p0p p3rs 

p0p per 

p0p pers 

p0p-pers 

p0p.per 

p0p.pers 

p0pp3r 

p0pp3r$ 

p0pp3rs 

p0pper 

p0pperr 

p0ppers 

passed out 

passes out 

pedofile 

pedophile 

pedophilia 

peopper 

period 

periodd 

pidofil 

pidofile 

pidophile 

pop per 

pop pers 

pop.per 

pop.pers 

popp3rs 

popper 

poppers 

poppers intox 

poppersintox 

poppper 

r.ape 

r.aped 

r@p3 

r@pe 

r$ped 

r3p3 

r4p3 

r4pe 

racist 

rap3d 

rape 

raped 

rapes 

raping 

rapist 

s.h.i.t 

scat 

scratched 

sedate 

sedation 

sedative 

sh it 

sh!t 

sh.it 

shit 

sleep 

sleeping 

sleeps 

slumber 

sm.othered 

sm0_thered 

sm0ther 

sm0thered 

sm0thering 

smothe.red 

smother 

smothered 

smothering 

sniff poppers 

snuff 

snuffed 

snuffing 

snuffs 

str@ngle 

str4ngle 

strangle 

suf.focate 

suff.ocate 

suffo.cated 

suffocate 

suffocating 

suffocation 

t0.rtur3 

t0rture 

t0rtured 

t0rtures 

torture 

tortured 

tortures 

torturing 

u!conscious 

uconscious 

unconscious 

underage 

unwilling 

violate 

violation 

wasted 

zoophilia


MyVRGirls.com
Privacy Notice for California Residents

Effective Date: September 1, 2020

Last Revised: September 1, 2020

This privacy notice for California residents supplements the information contained in MyVRGirls.com’s Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA), and any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

Our Website collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include:

  • Publicly available information from government records.

  • Deidentified or aggregated consumer information.

  • Information excluded from the CCPA’s scope, like:

    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and

    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

In particular, our Website has collected the following categories of personal information from its consumers within the last 12 months:

Category

Examples

Collected

A. Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.

YES

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

Some personal information included in this category may overlap with other categories.

YES

C. Protected classification characteristics under California or federal law.

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth, and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

YES

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

YES

E. Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

NO

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

YES

G. Geolocation data.

Physical location or movements.

YES

H. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

YES

I. Professional or employment-related information.

Current or past job history or performance evaluations.

NO

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

NO

K. Inferences drawn from other personal information.

Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

NO

Our Website obtains the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete or products and services you purchase.

  • Indirectly from you. For example, from observing your actions on our Website.

  • From third parties. For example, from our business partners.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following purposes: 

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment. We may also save your information to facilitate new orders.

  • To provide, support, personalize, and develop our Website, products, and services.

  • To create, maintain, customize, and secure your account with us.

  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.

  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.

  • To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).

  • To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.

  • For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.

  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

  • As described to you when collecting your personal information or as otherwise stated in the CCPA.

  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We share your personal information with the following categories of third parties:

  • Service providers.

  • Internet cookie data recipients, like Google Analytics.

Disclosures of Personal Information for a Business Purpose

In the preceding 12 months, Company has disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category F: Internet or other similar network activity.

We disclose your personal information for a business purpose to the following categories of third parties: 

  • Data analytic providers.

  • Service providers.

  • Internet cookie data recipients, like Google Analytics.

Sales of Personal Information

In the preceding 12 months, Company had not sold personal information.

Your Rights and Choices 

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

  • The categories of personal information we collected about you.

  • The categories of sources for the personal information we collected about you.

  • Our business or commercial purpose for collecting or selling that personal information.

  • The categories of third parties with whom we share that personal information.

  • The specific pieces of personal information we collected about you (also called a data portability request).

  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

    • sales, identifying the personal information categories that each category of recipient purchased; and 

    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted under federal law, or otherwise perform our contract with you.

  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

  3. Debug products to identify and repair errors that impair existing intended functionality.

  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.

  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

  8. Comply with a legal obligation.

  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.

  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

  • Provide you a different level or quality of goods or services.

  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make that request, please send an email to privacy@myvrgirls.com.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which Latam Digital BPO LLC collects and uses your information described here and in the Privacy Policy, your choices and rights regarding that use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Website: https://www.myvrgirls.com/contact

Email: privacy@myvrgirls.com

Last updated on: Oct 01, 2020

Latam Digital BPO LLC (“Company” or “We”) respects your privacy and is committed to protecting it through our compliance with the practices described in this privacy policy.

This policy describes our practices for collecting, using, maintaining, protecting, and disclosing the personal data we may collect from you or that you may provide when you visit our platform located at MyVRGirls.com (our “Platform”), including any data you may provide when you sign up, purchase services, or post content. This policy applies to the personal data collected through our Platform, regardless of the country where you are located.

The Platform may include links to third-party websites, plug-ins, services, social networks, or applications. Clicking on those links or enabling those connections may allow the third party to collect or share data about you. We do not control these third-party websites, and we encourage you to read the privacy policy of every website you visit.

Please read this policy carefully to understand our policies and practices for processing and storing your personal data. By engaging with our Platform, you accept and consent to the practices described in this policy. This policy may change from time to time (see "Changes to our privacy policy"). Your continued engagement with our Platform after any such revisions indicates that you accept and consent to them, so please check the policy periodically for updates.

  1. Data we may collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

Depending on whether you are an influencer or a fan, we may collect, use, store, and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes first name, last name, username or similar identifier, social security number (influencers only), government-issued photo identification (influencers only), date of birth (influencers only), and gender (influencers only).

  • Contact Data includes postal address (influencers only), shipping address (fans only), email address, and telephone numbers (influencers only).

  • Financial Data includes bank or other payment account (influencers only) and payment card details (fans only). We store only very limited, if any, Financial Data. Otherwise, all Financial Data is stored by our payment processor, and you are encouraged to review their privacy policy and contact them directly for responses to your questions.

  • Transaction Data includes details about payments to and from you and other details of content or services you have purchased from us or any influencer through our Platform.

  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our Platform.

  • Content Data includes photos, videos, or other digital content you upload to our Platform. Please remember that Content Data that you post may reveal personal data about yourself as well, including identifying information about yourself depicted in any videos.

  • Profile Data includes your username and password, purchases made by you, your interests, preferences, feedback, and survey responses. Some of the information you choose to provide us may be considered “special” or “sensitive” in certain jurisdictions, for example, your sex life and sexual orientation. By choosing to provide special or sensitive information, you consent to our processing of that information.

  • Usage Data includes information about how you use our Platform, products, and services.

  • Marketing and Communications Data includes your preferences in receiving marketing from our third parties and us and your communication preferences.

We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data that will be used under this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data) unless you voluntarily provide it. Nor do we collect any information about criminal convictions and offenses.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.

  1. How we collect data about you

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us information about you by filling in forms or by corresponding with us by email. This includes information you provide when you purchase products or services; create an account on our Platform; create a profile on our Platform; post content on our Platform; request marketing to be sent to you; enter a competition, promotion, or survey; or give us feedback or contact us. We may also ask you for information when you report a problem with our Platform.

  • User contributions. You also may provide Content Data for us to publish or display (“post”) on public Platform areas or transmit to other Platform users or third parties. You submit Content Data for posting and transmission to others at your own risk. Although you may set certain privacy settings for Content Data by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of any Platform users with whom you choose to share your Content Data. Therefore, we cannot and do not guarantee that unauthorized persons will not view your Content Data.

  • Automated technologies or interactions. As you interact with our Platform, we may automatically collect Technical Data about your equipment, browsing actions, and patterns as specified above. We collect this information by using cookies, server logs, and other similar technologies (see "Cookies and automatic data collection technologies"). We may also use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

  • Third parties or publicly available sources. We will receive personal data about you if you visit other websites employing our cookies or from third parties including, for example, business partners (including affiliates in any affiliate marketing program); subcontractors in technical, payment, and delivery services; advertising networks; analytics providers; and search information providers.

Cookies and automatic data collection technologies

Our Platform uses cookies (small files placed on your device) or other automatic data collection technologies to distinguish you from other Platform users. This helps us deliver a better and more personalized service when you browse our Platform. It also allows us to improve our Platform by enabling us to:

  • Estimate our audience size and usage patterns.

  • Store your preferences so we may customize our Platform according to your individual interests.

  • Speed up your searches.

  • Recognize you when you return to our Platform.

You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, certain parts of our Platform may become inaccessible and certain features may not work correctly. Unless you adjust your browser settings to refuse cookies, our system will issue them.

Third-party use of cookies and other tracking technologies

Some content or applications, including advertisements, on the Platform are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Platform. They may associate the information collected with your personal data, or they may collect information, including personal data, about your online activities over time and across different websites or other online services. They may use this information to provide you with interest-based (Behavioral) advertising or other targeted content.

We do not control how these third-party tracking technologies operate or how they may use the collected data. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

  1. How we use your personal data

We use your personal data to provide you products, offer you services, communicate with you, deliver marketing, or to conduct other business operations, such as using data to improve and personalize your experiences. Examples of how we may use the personal data we collect include to:

  • Identify you as a user on the Platform.

  • Present our Platform and provide you with the information, products, services, and support that you request from us.

  • Meet our obligations and enforce our rights arising from any contracts between you and us, including for billing and collection.

  • Verify your age and identity if required by law.

  • Collect and pay money owed to you if you are an influencer.

  • Collect and recover money owed to us if you are a fan.

  • Respond to your inquiries related to support or other requests.

  • Fulfill the purposes for which you provided the data or that were described when it was collected.

  • Deliver targeted advertising, newsletters, and other information.

  • Notify you about changes to our Platform, products, or services.

  • Allow you to participate in interactive features on our Platform.

  • Ensure that we present our Platform content most effectively for you and your computer or device.

  • Administer our Platform and conduct internal operations, including for troubleshooting, data analysis, testing, research, statistical, and survey purposes.

  • Improve our Platform, products or services, marketing, or customer relationships and experiences.

  • Protect our Platform, employees, or operations.

  • Assist law enforcement and respond to subpoenas

  • Make suggestions and recommendations to you and other users of our Platform about goods or services that may interest you or them.

We may also use personal data to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your data in this way, please email us at privacy@myvrgirls.com. For more information, see "Your personal data use choices"

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal data for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

We may use nonpersonal data for any business purpose.

  1. Disclosure of your personal data

We may share your personal data that we collect, or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.

  • To contractors, service providers, and other third parties we use to support our business. Examples include payment processing, data analysis, email delivery, hosting services, customer service, and marketing efforts. We may allow selected third parties to use tracking technology on our Platform, which will enable them to collect data about how you interact with our Platform over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. For example, we use Google Analytics to help us understand how our customers use our Platform (you can read more about how Google uses your personal data here: https://policies.google.com/privacy?fg=1). You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by the Company about our Platform users is among the assets transferred.

  • To third parties to market their products or services to you if you have not opted out of these disclosures. For more information, see "Your personal data use choices".

  • To fulfill the purpose for which you provide it.

  • For any other purpose disclosed by us when you provide the information.

  • With your consent.

We may also disclose your personal data:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

  • To enforce or apply our agreements.

  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.

We may share nonpersonal data without restriction.

  1. Your personal data use choices

We strive to provide you with choices regarding the personal data you provide to us. We have created mechanisms to provide you with the following control over your data:

  • Tracking technologies and advertising. You can set your browser to refuse all or some browser cookies or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our Platform may become inaccessible or not function properly. For more information about the cookies we use, please see "Cookies and automatic data collection technologies".

  • Promotional offers from the Company. If you do not wish to have your Contact Data used by the Company to promote our own or third parties’ products or services, you can opt-out by checking the relevant box located on the form on which we collect your data or by sending us an email stating your request to privacy@myvrgirls.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt-out does not apply to information provided to the Company as a result of a purchase, service experience, or other transactions.

Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: privacy@myvrgirls.com. However, please know we do not currently sell data triggering that statute’s opt-out requirements.

Our Platform may, from time to time, contain links to and from the websites of our partner networks, advertisers, and affiliates, or plug-ins enabling third-party features. If you follow a link to any third-party website or engage a third-party plug-in, please note that these third parties have their own privacy policies and we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these third parties.

We do not control third parties’ collection or use of your information to serve interest-based advertising. But these third parties may provide you with ways to choose not to have your information collected or used in this way.

  1. Accessing and correcting your personal data

You can review and change your personal data by logging into the Platform and visiting your account profile page.

You may also send us an email at privacy@myvrgirls.com to request access to, correct, or delete any personal data that you have provided to us. We cannot delete your personal data except by also deleting your user account. We may not accommodate a request to change data if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your Content Data from the Platform, copies of your Content Data may remain viewable in cached and archived pages or might have been copied or stored by other Platform users. Proper access and use of information provided on our Platform, including Content Data, is governed by our terms-of-service agreement.

  1. Cross-border data transfers

We are based in the United States of America. For operational reasons, we may process, store, and transfer the personal data we collect, in and to a country outside your own, with different privacy laws that may or may not be as comprehensive as your own. If you are located outside the United States, your personal data may at times be accessible by persons who are located worldwide including in countries that the European Commission or other geopolitical regions have not determined to provide the same adequate level of data protection in your country, province territory, or geopolitical region. By submitting your personal data or engaging with our Platform, you consent to our transfer, storing, or processing, including the transfer of your data across international boundaries to jurisdictions anywhere in the world as permitted by local law.

If you are a Canadian resident or otherwise located in Canada, please note that personal data transfers outside of Canada may result in your data becoming accessible to foreign jurisdiction’s law enforcement or other authorities.

If you are located in the European Economic Area (EEA), Switzerland, or the United Kingdom (UK), please note that your information will be transferred outside of those areas, including to the United States. Nevertheless, whenever we transfer your personal data out of the EEA, Switzerland, or UK, we will use reasonable efforts to ensure a similar degree of protection is afforded to it by ensuring that the recipient third party agrees to contractual clauses or other appropriate safeguards.

  1. Data security

The security of your personal data is very important to us. We use physical, electronic, and administrative safeguards designed to protect your personal data from loss, misuse, and unauthorized access, use, alteration, or disclosure. We store all personal data you provide to use behind firewalls on servers employing security protections. We encrypt all personal data that we collect from you.

The safety and security of your information also depend on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to take care when providing information in public areas of our Platform, which any Platform visitor can view.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal data, we cannot guarantee the security of your personal data transmitted to our Platform. Any transmission of personal data is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on our Platform.

  1. Data retention

Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including to satisfy any legal, accounting, or reporting requirements. Under some circumstances, we may anonymize your personal data so that it can no longer be associated with you. We reserve the right to use that anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.

  1. Children’s online privacy

We do not direct our Platform to minors, and we do not knowingly collect personal data from individuals under 18-years old. If we learn we have mistakenly or unintentionally collected or received personal data from an individual under 18-years old, we will delete it. If you believe we mistakenly or unintentionally collected data from or about an individual under 18-years old, please contact us at privacy@myvrgirls.com.

  1. Do Not Track policy

Do Not Track (“DNT”) is a privacy preference that you can set in your browser. DNT is a way for you to inform websites and services that you do not want certain information about your webpage visits collected over time and across websites or online services. We are committed to providing you with meaningful choices about the information it collects, and that is why we provide you the ability to opt-out. But we do not recognize or respond to any DNT signals as the Internet industry works toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT. For more information about DNT, visit www.allaboutdnt.com.

  1. Your California privacy rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal data. To learn more about your California privacy rights, visit CCPA Privacy Notice for California Residents.

California Civil Code Section 1798.83 allows you to request information about the disclosure of your personal data by us to third parties for the third parties’ direct marketing purposes.  

Further, if you are a California resident and would like to opt-out from the disclosure of your personal data to any third party for direct marketing purposes, please send an email to privacy@myvrgirls.com. If you opt-out from allowing your personal data to be shared, you may still receive selected offers directly from us under California law.

  1. Special terms related to the EEA/UK

If you reside in the EEA or the UK, the following terms apply to you.

Legal basis for processing

We may process your personal data because you have given us permission to do so (e.g., by sending data through our Platform’s contact or signup forms), because the processing is in our legitimate interests and it is not overridden by your rights, or because we need to process your personal data to perform a contract with you or comply with the law.

Your legal rights

Under certain circumstances, you have rights under data protection laws concerning your personal data. Your rights may include the following:

  • Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

  • Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

  • Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully, or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons that will be notified to you, if applicable, at the time of your request.

  • Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party), and there is something about your particular situation that makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information that override your rights and freedoms.

  • Request restriction of processing your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful, but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise, or defend legal claims; or (d) you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.

  • Request the transfer of your personal data to you or a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information that you initially provided consent for us to use or where we used the information to perform a contract with you.

  • Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us at privacy@myvrgirls.com.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made several requests. In this case, we will let you know and keep you updated.

  1. Withdrawing your consent

Where you have provided your consent to the collection, use, and transfer of your personal data, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, you may contact us at privacy@myvrgirls.com. Please note that if you withdraw your consent, we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision.

  1. Changes to our privacy policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal data, we will notify you by email to the email address specified in your account or through a notice on the Platform home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Platform and this privacy policy to check for any changes.

  1. Contact information

Questions, comments, and requests regarding this privacy policy and our privacy practices are welcomed and should be addressed to privacy@myvrgirls.com.

Last updated on: Oct 01, 2020

MyVRGirls.com
Terms-of-Service Agreement

Last Updated: October 1, 2020

Latam Digital BPO LLC, a Florida limited liability company (“Company”), welcomes you to MyVRGirls.com (“Platform”). It is important to us that you and other visitors have the best possible experience while using the Platform, and that, when you use the Platform, you understand your legal rights and obligations. Please read this terms-of-service agreement, which is a legal agreement between you and us that governs your use of the Platform, including any content, functionality, and services offered on or through the Platform. You may access the Platform only if you agree to this agreement. Please pay special attention to the following sections of this agreement: (1) disclaimer of warranties (section 19); (2) limit on liability and exclusion of damages (sections 20 and 21); (3) place for resolving disputes (section 25.2); (4) arbitration (section 26.1); (5) class action waiver (section 26.5); and (6) limitation on time to file disputes (section 26.6).

Notice Regarding Dispute Resolution: This agreement contains provisions that govern how claims you and us may have against each other are resolved (see section 26 below), including an agreement and obligation to arbitrate disputes, which will require you to submit claims you have against us to binding arbitration. Please read the arbitration provision (section 26.1) in this agreement as it affects your rights under this agreement.

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 may 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.

Child Pornography Prohibited: We prohibit pornographic content involving minors on the Platform. We only allow visual media of consenting adults for consenting adults on the Platform. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within the Platform, please promptly report this to us at abuse@myvrgirls.com. Please include with your report all appropriate evidence, including the date and time of identification. We will promptly investigate all reports and take appropriate action. We fully cooperate with any law-enforcement agency investigating child pornography.

Prostitution and Sex Trafficking Prohibited: We prohibit using the Platform or its interactive services in any way to engage in, participate in, assist, support, promote, solicit, or facilitate any act of prostitution of another person or sex trafficking of another person. This includes using the Platform or its interactive services to share personal contact details or arrange face-to-face meetings. If you see any evidence of this on the Platform, please promptly report this to us at abuse@myvrgirls.com. Please include with your report all evidence, including the date and time of identification. We will promptly investigate all reports and take appropriate action. We will terminate the account of any person engaging in any prostitution or sex trafficking, and we will report all individuals suspected of promoting or facilitating the prostitution of another person or sex trafficking to the appropriate law enforcement agency. We will fully cooperate with any law-enforcement agency investigating prostitution or sex trafficking.

  1. Introduction

    1. The Platform allows you to purchase access to certain features, content, and various other services provided by third-party influencers that is adult-oriented in nature. Access and registration are free. The only time you must pay is if you purchase from an influencer.

    2. This agreement applies to all users of the Platform, whether you are a “visitor” or a “registered user.” By checking the appropriate box during registration, making a purchase from an influencer, or accessing any part of the Platform, you agree to this agreement. If you do not want to agree to this agreement, you must leave the Platform. If you breach any part of this agreement, we may revoke your license to access the Platform, block your access, and suspend or cancel your account (if you have one).

    3. We are not liable for anything that you post or say while you are on the Platform. We do not monitor the content posted to the Platform, but if we do see, or someone tells us that you have posted, something that we consider inappropriate or offensive, we will remove it and may take appropriate action against you. If you post content that belongs to someone else and they get annoyed (or even call in their lawyers), we are not in the firing line. You have to take responsibility for what you post.

    4. We may change this agreement on one or more occasions by updating this page. The top of this page will tell you when we last updated this agreement. Changes take effect on the “last updated” date stated on the top of this page. Changes will not operate retroactively. We will try to let you know when we change this agreement if we can do so in a reasonable way. But you should frequently check this page to make sure that you are operating under the most current version of this agreement. We will consider your continued use of the Platform after we post 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 cancel your account and stop accessing the Platform.

    5. If you have any questions about this agreement or any questions or comments about the Platform, please email us at contact@myvrgirls.com.

  2. Adult-Oriented Content. The Platform 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 Platform. If you do not meet these age requirements, you must not access the Platform and must leave now. By accessing the Platform, you state that the following facts are accurate:

    1. You are at least 18-years old, have reached the age of majority where you live, and you have the legal capacity to enter this agreement;

    2. You are aware of the adult nature of the content available on the Platform, and you are not offended by visual images, verbal descriptions, and audio sounds of a sexual nature, which may include graphic visual depictions and descriptions of nudity and sexual activity;

    3. You are familiar with your community’s laws affecting your right to access adult-oriented materials;

    4. You have the legal right to access adult-oriented materials, and we have the legal right to transmit them to you;

    5. You are voluntarily requesting adult-oriented materials for your own private enjoyment;

    6. You are not accessing the Platform from a place, country, or location in which doing so would, or could be considered a violation of applicable law; and

    7. You will not share these materials with a minor or otherwise make them available to a minor.

  3. VR Content Warning and Recommendation. The Platform contains virtual reality content (“VR Content”). 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, we recommend 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 note 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 such as 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, hangover, 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.

    4. 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.

    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, impaired 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 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.

    8. Please consult a physician if you have serious or persistent symptoms.

  4. Accessing the Platform. We may withdraw or amend this Platform, and any service or material provided on it, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Platform and its content, including having an appropriate device to view any VR Content found on the Platform.

  5. Your Account

    1. Account Creation. To access many of the Platform’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 applicable registration form. You also must choose a password and a username. You must not choose a username that is offensive or that infringes another person’s service mark, trademark, or trade name. By creating an account, you state to us that (a) all account registration and profile information you provide is your own and is accurate; (b) if you previously had an account on the Platform, we did not suspend or terminate that account for breach of this agreement; and (c) you are creating an account for your own personal use, and you will not sell, rent, or transfer your account to any third party.

    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 notify us of 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 in our sole discretion for any reason or no reason, including if, in our opinion, you have breached any part of this agreement.

    3. Liability for Account Misuse. We 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 us or another person because of someone else using 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 will never be able to defeat the Platform’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.

    6. Communication Preferences. By registering for an account, you consent to receive electronic communications from us relating to your account. These communications may involve sending emails to your email address provided during registration or posting communications on the Platform 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 to 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 consent to receive certain other communications from us, including newsletters about new features and content, special offers, promotional announcements, and customer surveys via email or other methods. You acknowledge that communications you receive from us may contain sexually explicit material unsuitable for minors. If you no longer want to receive certain non-transactional communications, please review the Privacy Policy regarding opting out of marketing communications.

  6. Intellectual Property Rights 

    1. Ownership. The Platform and all content, information, and other materials on the Platform, including the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement of them (collectively, “Materials”) are owned by the Company, its licensors, or other providers of that material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

    2. License Grant. The Company hereby grants you a limited, non-sublicensable license (i.e., a personal and limited right) to access and use the Platform and the Materials for your personal use or internal business 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 Platform, 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 Platform website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.

      4. You may download or stream any audiovisual content to which you have properly gained access solely for your personal, noncommercial use and not for further reproduction, publication, or distribution.

      5. If we provide 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. Modify copies of any Materials from the Platform.

        2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

        3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Materials from the Platform.

      2. You must not access or use for any commercial purposes any part of the Platform or the Materials available through the Platform unless we agree otherwise in writing.

      3. If you print, copy, modify, download, record, 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 Platform will end immediately and you must, at our option, return or destroy any copies of the Materials you have made. No interest in or to the Platform or any content on the Platform is transferred to you, and we reserve all rights not expressly granted. Any use of the Platform not expressly permitted by this agreement is a breach of this agreement and may violate copyright, trademark, and other laws.

    4. Trademarks. The Company’s name and logo; the term MYVRGIRLS; the Platform’s logo; and all related names, logos, product and service names, designs, and slogans, as well as the Platform’s look and feel, including all page headers, custom graphics, button icons, and scripts are trademarks or trade dress of the Company or its affiliates or licensors. You must not use those marks in whole or in part in connection with any product or service that is not ours, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us, without our prior written permission. Any use of these marks must be under any guidelines that we may provide you from time to time. All other service marks, trademarks, trade names, logos, product and service names, designs, and slogans on this Platform are the marks of their respective owners. Reference on the Platform to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply our endorsement, sponsorship, or recommendation or any other affiliation.

  7. Prohibited Uses

    1. You may use the Platform only for lawful purposes under this agreement. You must not use the Platform:

      1. In any way that violates any applicable federal, state, local, or international law or regulation (including any laws about the export of data or software to and from the US or other countries).

      2. To exploit, harm, or to attempt 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 which does not comply with the Content Standards stated in this agreement.

      4. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation.

      5. To impersonate or attempt to impersonate us, a Company employee, another user, or any other person or entity (including by using email addresses or usernames associated with any of the preceding).

      6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as we determine, may harm us or the Platform’s users or expose them or us to liability.

    2. Additionally, you must not:

      1. Use the Platform in any way that could disable, overburden, damage, or impair the Platform or interfere with any other person’s use of the Platform, including their ability to engage in real-time activities through the Platform.

      2. Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the Platform’s Materials.

      3. Use any manual process to monitor or copy any of the Platform’s Materials or for any other unauthorized purpose without our prior written consent.

      4. Use any device, software, or routine that interferes with the proper working of the Platform.

      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 Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.

      7. Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.

      8. Otherwise attempt to interfere with the Platform’s proper working.

  8. User Contributions

    1. In General. The Platform contains profiles and other interactive features (collectively, “Interactive Services”) that allows fans to post, submit, publish, display, or transmit to influencers (“post”) content, messages, text, sound, images, applications, code, or other data or materials (collectively, “User Contributions”) on or through the Platform. All User Contributions must comply with the Content Standards stated in section 10. Any User Contribution you post to the Platform will be considered nonconfidential and nonproprietary.

    2. License Grant. By posting any User Contribution on the Platform, you hereby grant the Company and its affiliates and service providers, and each of their and the Company’s respective licensees, successors, and assigns an unrestricted, worldwide, fully sublicensable, non-exclusive, royalty-free license to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display those User Contributions (including for promoting and redistributing any part of the Platform (and derivative works of them)) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit with those User Contributions. 

    3. Representations and Warranties. You state that the following facts are accurate regarding your User Contributions: (a) you own or control all rights in and to 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; (b) your User Contributions do not and will not infringe, violate, or misappropriate any third-party right, including any copyright, service mark, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or defame any other person; (c) your User Contributions include no viruses, adware, spyware, worms, or other harmful or malicious code; and (d) all your User Contributions do and will comply with this agreement.

    4. Acknowledgment. You acknowledge that you are responsible for any User Contributions you post, and you, not us, have full responsibility for that User Contribution, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any person for the content or accuracy of any User Contributions posted by you or any other user.

  9. Monitoring and Enforcement; Termination

    1. We may:

      1. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

      2. Take any action concerning any User Contribution that we consider necessary or appropriate in our sole discretion, including if we believe that the User Contribution violates this agreement, including the Content Standards stated in section 10, infringes any intellectual property right or another right of any person or entity, threatens the personal safety of the Platform’s users or the public, or could create liability for the Company.

      3. Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Platform.

      4. Terminate or suspend your access to all or part of the Platform for any reason or no reason, including violation of this agreement.

    2. We will 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 materials on or through the Platform. You hereby waive and hold harmless the Company and its affiliates, licensees, and service providers from any claims resulting from any action taken during, or taken as a consequence of, investigations by either the Company or law enforcement authorities.

    3. We do not undertake to review material before it is posted on the Platform 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 third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section 9.

  10. Content Standards. These content standards apply to all User Contributions and the use of the Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, local, and international 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 violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

    3. Infringe any copyright, patent, trademark, trade secret, 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 applicable laws or regulations or that otherwise may 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 promoting or facilitating the prostitution of another person, sex trafficking, or human 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, such as 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.

    11. Contain viruses, worms, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, mobile device, or telecommunications equipment.

    12. Depict private or personal information of any person without their written consent.

    13. Request personal information from or share personal information with any influencer or other user, including financial information, email address, telephone number, or mailing address.

    14. Request money from, or otherwise defraud influencers or other Platform users.

    15. Discuss or depict children, pedophilia, child exploitation, age-play, incest, rape or nonconsensual sex, extreme violence, torture, nonconsensual pain, blood, cutting, erotic asphyxiation, torture, necrophilia, sadomasochistic abuse or bondage, genital mutilation, bestiality, urination, defecation, enema play, vomiting, menstrual bleeding, paraphilia, or any other matter that would be considered obscene under the applicable community standards.

  11. Copyright Infringement. If you believe that any User Contribution violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is our policy to terminate the user accounts of repeat infringers.

  12. Third-Party Content

    1. Besides the User Contributions, we may provide other third-party content on the Platform (collectively, “Third-Party Content”). We do not control or endorse any Third-Party Content and make no representation or warranties regarding the Third-Party Content, including its accuracy or completeness. We do not create Third-Party Content, update it, or monitor it. Thus, we are not responsible for any Third-Party Content on the Platform.

    2. You are responsible for deciding if you want to access or use third-party websites or applications that link from the Platform (“Reference Sites”). We do not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through them, and we are not making any representations or warranties regarding the Reference Sites. Further, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform are solely between you and that advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.

  13. Promotions. Influencers may promote competitions, promotions, prize draws, and other similar opportunities on the Platform (“Third-Party Competitions”). We are not the sponsor or promoter of those Third-Party Competitions and do not bear any responsibility or liability for the actions or inactions of any influencers or other persons who organize, administer, or are otherwise involved in any promotion of those Third-Party Competitions. If you wish to participate in any Third-Party Competition, you are responsible for reading and ensuring that you understand the applicable rules and any eligibility requirements and are lawfully able to participate in that Third-Party Competition in your country of residence.

  14. Offsite Communications. You will not use the Interactive Services to arrange face-to-face meetings outside of the Platform with any influencer or other user, including exchanging money or other consideration for sex or companionship. We prohibit any form of interaction with an influencer outside of the Platform or the Interactive Services. If you do, you do so at your own risk, and we will not be liable to you for anything that happens outside of the Platform with any influencer or other user you meet on the Platform.

  15. Changes to the Platform. We may update the content on this Platform from time to time, but the Platform’s content is not necessarily complete or up to date. The Platform’s material may be out of date at any given time, and we are not required to update that material.

  16. Information About You and Your Visits to the Platform. For information about how we collect, use, and share your personal information, please review our Privacy Policy.

  17. Terms of Sale

    1. In General. The Platform allows you to purchase access to certain features, content, or services from influencers in exchange for a one-time or recurring fee, as applicable to the relevant features, content, products, or services. Items that cost money include video clips, photographs, influencer profile subscriptions, physical items offered for sale by the influencer, the ability to communicate with influencers, the ability to tip influencers, and other products and services that may be offered in the future. Influencers set their own pricing. Pricing excludes any taxes or currency transmission charges, which are extra costs charged to you. Buying subscriptions from one influencer does not give you access to subscriptions from another influencer. You must separately buy subscriptions from each influencer.

    2. Tipping. You may tip influencers through the Platform. If you decide to tip an influencer, acknowledge the following:

      1. You tip at your option and risk. Tipping is not required to use the Platform.

      2. Influencers must not solicit tips by any means of payment other than through the Platform.

      3. Tips are a voluntary gratuity and must not be given in exchange for specific services. Promising to tip in exchange for performing any specific act is strictly prohibited.

      4. All tips are chargeable when made. We will not return a tip made from your account except in situations that we consider, in our sole discretion, to be extraordinary.

    3. Payment. We accept payment via the payment methods identified on the Platform before checkout. You must have a valid accepted form of payment to make a purchase. You must abide by any relevant terms of service or other legal agreement that governs your use of a given payment method. Prices may change at any time, and we do not offer price protection or refunds in the event of a price reduction or promotional offering. It is your responsibility to check the price before making a purchase. We or our payment processor will charge your payment method for the price listed along with any additional amounts relating to applicable taxes, bank fees, and currency fluctuations.

    4. Recurring Billing. If you buy an automatically renewing subscription, you authorize us or our payment processor to charge your payment method the subscription fee in effect when you originally signed up and any other applicable charges, such as taxes or possible transaction fees. Your subscription will continue for the length of the initial term you select, and, at the end of your initial prepaid term, it will automatically renew for additional prepaid periods of the same length at the same rates. You must cancel your subscription before it renews to avoid billing of the next term’s subscription fees to your payment method.

    5. Taxes. You are responsible for any applicable national, 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 purchase transaction.

    6. No Refunds. All sales and transactions are final. Payments are nonrefundable and fully earned on receipt. There are no refunds or credits for partially used periods. If you are unhappy with your purchase, please inform influencer from whom you made the purchase. If there is a technical error on the Platform, we will work with you to resolve it. We may approve a refund in the form of a credit on request if exceptional circumstances exist. If you believe exceptional circumstances exist for a refund, please email us at contact@myvrgirls.com and explain the circumstances that you believe merits a refund. We are not making any promise that we or any influencer will offer a refund. If we do provide a refund, we will issue that refund in the form of a credit to the payment method you used for your purchase. We will not make refunds in the form of cash, check, or free services. 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 us to provide refunds in the future under any circumstance.

    7. Subscription Cancellations. If you buy an automatically renewing subscription from an influencer, you may cancel that subscription at any time before the end of the current billing period. The cancellation will take effect on the next billing period. You will have access to the subscription from the time you cancel until the start of the next billing period. You will not receive a refund or credit for any remaining days in your current billing period. You can change the automatic renewal settings or cancel your subscription at any through the Platform or by contacting us at contact@myvrgirls.com.

    8. Billing Errors. If you believe that we have charged you 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 let us know in writing of an error within this period, you waive any disputed charges. You must submit any billing disputes by email to contact@myvrgirls.com 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.

  18. Access Outside of the United States. The owner of the Platform is based in the state of Florida in the United States of America. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for complying with local laws.

  19. Warranty Disclaimers

    1. You acknowledge that we cannot and do not state that files available for downloading from the Internet or the Platform 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 Platform for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material because of your use of the Platform or any services or items obtained through the Platform or to your downloading of any material posted on the Platform, or on any website linked to it.

    2. You use the Platform, the Materials, and any services or items obtained through the Platform at your own risk. We provide the Platform, the Materials, and any services or items obtained through the Platform “as is” and “as available,” without making any warranty, either express or implied. Neither we nor any person associated with us is making any warranty with respect to the Platform’s completeness, security, reliability, quality, accuracy, or availability. Neither we nor anyone associated with us is making any warranty (1) that the Platform, the Materials, or any services or items obtained through the Platform will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that the Platform or the server that makes it available are free of viruses or other harmful components; or (4) that the Platform or any services or items obtained through it will otherwise meet your needs or expectations.

    3. We are not making any warranty about the Platform, whether express, implied, statutory, or otherwise, including any warranties of merchantability, noninfringement, and fitness for a particular purpose. No advice or information, whether oral or written, obtained from the Company, the Platform, or elsewhere will create any warranty not expressly stated in this agreement.

  20. Limit on Liability; Release

    1. The Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any of the following:

      1. Errors, mistakes, or inaccuracies of Materials (including User Contributions).

      2. Personal injury or property damage resulting from your access to and use of the Platform or the Materials (including User Contributions).

      3. Materials (including User Contributions) or conduct that are infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libelous, abusive, invasive of privacy, or illegal.

      4. Unauthorized access to or use of our servers and any personal or financial information stored in them, including unauthorized access or changes to your account, submissions, transmissions, or data.

      5. Interruption or cessation of transmission to or from the Platform.

      6. Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Platform by any person or that might infect your computer or affect your access to or use of the Platform, your other services, hardware, or software.

      7. Incompatibility between the Platform and your other services, hardware, or software.

      8. Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with the Platform.

      9. Loss or damage incurred because of the use of any content posted, emailed, sent, or otherwise made available through the Platform.

    2. You release the Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers from all liability arising out of User Contributions or the conduct of other users or third parties, including disputes between you and one or more other users or third parties.

  21. Exclusion of Damages; Exclusive Remedy

    1. Unless caused by gross negligence or intentional misconduct, the Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages arising out of or relating to your access or your inability to access the Platform or the content. This exclusion applies regardless of the theory of liability and even if you told us about the possibility of these damages or we knew or should have known about the possibility of these damages.

    2. The Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Platform or the content. This exclusion applies regardless of the theory of liability and even if you told us about the possibility of these damages or we knew or should have known about the possibility of these damages.

    3. If you are dissatisfied with the Platform or have any other complaint, your exclusive remedy is to terminate your account (if you have one) and stop using the Platform. The maximum liability of the Company and its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers to you for any claim will not exceed the greater of $250 and the amount you have paid for the applicable purchase out of which liability arose even if the remedy fails of its essential purpose.

  22. Waiver of California Civil Code Section 1542. With respect to the releases of liability stated in this agreement, you acknowledge that you understand the consequences of entering into the general release and discharge of all known and unknown claims as stated in this agreement and that you are familiar with the provisions of section 1542 of the California Civil Code, which provides that:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

You waive all rights under section 1542 and any other federal or state statutes or laws of similar effect.

  1. Scope of Disclaimers, Exclusions, and Limits. The disclaimers, exclusions, and limits stated in sections 19, 20, and 21 apply to the greatest extent allowed by law, but no more. We do not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limits will not apply to you.

  2. Indemnification

    1. In General. You will pay the Company, its directors, officers, employees, agents, contractors, subsidiaries, affiliates, licensors, content providers, and service providers (“Indemnified Parties”) for any loss of the Indemnified Parties’ that is caused by any of the following: (a) your access of, or conduct on, the Platform, including your User Contributions; (b) your conduct offline; (c) your breach of this agreement; (d) your violation of rights of any person, including intellectual property, publicity, and privacy rights; (e) your violation of any applicable law; (f) your tortious acts or omissions; or (g) your criminal acts or omissions. But you are not required to pay if the loss was caused by the Indemnified Party’s intentional misconduct.

    2. Definitions

      1. Loss” means an amount that the Indemnified Party is legally responsible for or pays in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages.

      2. A loss is “caused by an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.

    3. Indemnified Party’s Duty to Notify You. If the Indemnified Party has your contact information, the Indemnified Party will notify you before the 30th day after the Indemnified Party knows or should reasonably have known of a claim for a loss that you might be compelled to pay. But the Indemnified Party’s failure to give you timely notice does not end your obligation, except if that failure prejudices your ability to defend or mitigate losses.

    4. Legal Defense of a Claim. The Indemnified Party has control over defending a claim for a loss (including settling it) unless the Indemnified Party directs you to control the defense. If the Indemnified Party directs you to control the defense, you will not settle any litigation without the Indemnified Party’s written consent if the settlement (1) imposes a penalty or limitation on the Indemnified Party, (2) admits the Indemnified Party’s fault, or (3) does not fully release the Indemnified Party from liability. You and the Indemnified Party will cooperate in good faith on a claim.

    5. No Exclusivity. The Indemnified Parties’ rights under this section 24 do not affect other rights they might have.

  3. Governing Law and Jurisdiction

    1. Florida law governs all matters arising out of or relating to the Platform or this agreement without giving effect to any conflicts of law principles. 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, all disputes arising out of or relating to the Platform or this agreement will be subject to the exclusive jurisdiction and venue of the United States District Court for the Middle District of Florida or any state court in Orange County, Florida. Each party submits to the personal jurisdiction of the United States District Court for the Middle District of Florida and the state courts in Orange County, Florida, to resolve all disputes not subject to arbitration. Each party waives any right to seek another forum or venue because of improper or inconvenient forum.

  4. Alternative Dispute Resolution

    1. Arbitration. All claims and disputes arising out of or relating to this agreement are to be settled by binding arbitration with Arbitration Resolution Services, Inc. (ARS) (or a similar online dispute resolution provider if ARS is not available). The parties will abide by all rules of ARS, as found on its 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. Each party will pay 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. Judgment on any award rendered in any such arbitration may be entered in any court having 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 parties’ prior written consent.

    2. Injunctive Relief. The parties acknowledge that breach by either party of the obligations under this agreement could cause irreparable harm for which damages would be an inadequate remedy. Nothing in this section 26 will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Platform, in each case without posting a bond or other security and without proof of actual money damages in connection with the claim.

    3. 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. For purposes of this section 26.3, “prevailing party” means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the prevailing party. If any proceedings are voluntarily dismissed or are dismissed as part of settlement of that dispute, neither party will be the prevailing party in those proceedings.

    4. Jury Trial Waiver. Each party waives its right to a jury trial in proceedings arising out of or relating to this agreement. Either party may enforce this waiver up to and including the first day of trial.

    5. Class Action Waiver. All claims 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 we agree otherwise, the arbitrator will not consolidate more than one person’s claims. Both parties acknowledge that each party is waiving the right to participate in a class action.

    6. Limitation on Time to Bring Claims. A party will not file a claim arising out of or relating to the Platform more than one year after the cause of action arose. Any claim brought after one year is barred.

  5. General

    1. Entire Agreement. This agreement constitutes the entire agreement between you and us about your use of the Platform, and it supersedes all earlier or contemporaneous agreements between you and us. Any additional terms on the Platform will govern the items to which they pertain.

    2. Changes. We may change this agreement on one or more occasions. We will try to post changes on the Platform 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 ongoing disputes or disputes arising out of or relating to events happening before the posted changes. While we will try to notify you when we change this agreement, we do not assume any obligation to do so, and it is your responsibility to check this page to review the most current agreement frequently. By continuing to use the Platform after we post 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 Platform. If you need more information about the changes or have any other questions or comments about the changes, please contact us at contact@myvrgirls.com.

    3. Assignment and Delegation. We may assign our 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 our prior written consent. Any attempted assignment of rights or delegation of performance in breach of this section 27.3 is void.

    4. Waiver. If we fail to exercise or enforce any right or provision of this agreement, it will not constitute a waiver of that right or provision. Any waiver of any provision of this agreement will be effective only if in writing and signed by the relevant party.

    5. Severability. If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.

    6. Notices

      1. Notice to Us. You may notify us by email to contact@myvrgirls.com unless the Platform provides a specific email address for giving notice. We will consider an email notice received by us only when our server sends a return message to you acknowledging receipt. We may change our contact information on one or more occasions by posting the change on the Platform. Please check the Platform for the most current information for sending notice to 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 Platform chosen for this purpose. We will consider notices sent to you by email received when our email service shows transmission to your email address. You state that any email address you gave us for contacting you is a current and valid email address for receiving notice.

    7. Force Majeure. We are not responsible for any failure to perform if unforeseen circumstances or causes beyond its reasonable control delays or continues to delay our performance, including (a) acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; (b) war, riot, arson, embargoes, acts of civil or military authority, or terrorism; (c) fiber cuts; (d) strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; (e) failure of the telecommunications or information services infrastructure; and (f) hacking, SPAM, or any failure of a computer, server, network, or software.

    8. 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.

    9. Successors and Assigns. This agreement benefits and binds the parties and their respective heirs, successors, and permitted assigns.

    10. 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 Platform to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Platform may read all messages you send to the Platform regardless of whether they are intended recipients.

    11. Electronic Signatures. Any affirmation, assent, or agreement you send through the Platform 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 mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

    12. 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:

Latam Digital BPO LLC
195 W. Pine Avenue
Longwood, Florida 32750-4104

Users who wish to gain access to the password-restricted area of the Platform must register. We do not charge consumers for registering, but influencers charge for various paid services. You may contact us at contact@myvrgirls.com to resolve any billing disputes or to receive further information about the Platform. 

    1. ComplaintsCalifornia 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.

    2. Unsolicited Idea Submission Policy. We and our employees do not accept or consider unsolicited ideas, suggestions, proposals, comments, or materials, including new or improved products, services or technologies, product or service enhancements, processes, advertising campaigns, promotions, marketing plans, or new product or service names (collectively, “Submissions”). Please do not send any Submissions in any form to us or any of our employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when our products, services, marketing, or other projects might seem similar to any Submissions made to us. If, despite our policy, you still submit your ideas to us, the following terms will apply to your Submissions, regardless of what your communication states. You agree that: (1) we will consider the Submissions to be nonconfidential and nonproprietary; (2) we may use, copy, redistribute, and disclose the Submissions for any purpose in any way, without compensation to you or any other person or party; and (3) we will have no obligations for the Submissions, including no obligation to review the Submissions, return any materials, or acknowledge receipt of the Submissions. If you do not agree to these terms, please do not send us any Submissions.

    3. Feedback. While we cannot accept unsolicited ideas, we always welcome feedback on our existing business. If you want to send us your feedback, please only provide specific feedback on our existing business and do not include ideas that the policy stated in section 27.14 prohibits. Any feedback you provide is considered nonconfidential and nonproprietary. We will be free to use that information on an unrestricted basis with no compensation to you or any other person or party.

    4. Survival. On termination of this agreement, any provision which, by its nature or express terms should survive, will survive the termination of this agreement.

    5. Your Comments and Concerns. You should direct all feedback, comments, requests for technical support, and other communications relating to the Platform to us at contact@myvrgirls.com.

Last updated on: Oct 01, 2020

This is a legally binding agreement between you and Latam Digital BPO LLC d/b/a MyVRGirls.com, including any successor or affiliated company or entity. This agreement contains disclaimers of warranties, limitations on liability, releases, a class-action waiver, and the requirement to arbitrate all claims that may arise under this agreement. This agreement provides us with your absolute and unconditional consent, waiver, and release of liability, allowing us to publicize and commercially exploit your fictitious name, likeness, and other personal characteristics. These provisions form an essential basis of this agreement. By clicking on the words “I agree,” “submit,” or similar syntax or by otherwise typing your name, you are electronically signing this agreement, and thus agree to be bound by and acknowledge your complete acceptance of all the express and incorporated terms of this agreement. If you do not agree to this agreement, you must not use the MyVRGirls.com platform and must not register.

No Prostitution or Sex Trafficking. The promotion of prostitution, escort services, personal companions, etc. are contrary to our purpose and will not be tolerated in any fashion. We strictly prohibit you from using the Platform in any way to engage in, participate in, assist, support, or facilitate any act of prostitution or sex trafficking. You must not use the Platform to exchange any personal information with any fan or have any communication with any fan that would in any way result in any type of face-to-face meeting involving you and any fan. If you violate this prohibition, we will cancel your account, and you will forfeit any payments owed to you under this agreement. We will report any evidence of prostitution or sex trafficking to the appropriate law enforcement agency.

MyVRGirls.com
Influencer Agreement

Last Updated: October 1, 2020

This influencer agreement is between Latam Digital BPO LLC, a Florida limited liability company (“Company”), and you, the individual or entity signing up to be an influencer (“Influencer”).

The Company owns and operates the adult social media content sharing platform known as MyVRGirls.com (“Platform”), which provides influencers’ billing solutions, advertising media, storage and hosting, and virtual web space through a proprietary web interface to monetize their content, sell products, and interact with their fans.

The Influencer wants to use the Platform to monetize the Influencer’s content, sell products, and interact with the Influencer’s fans.

The parties therefore agree as follows:

  1. Platform Enrollment

    1. Eligibility. To participate in the Platform as an influencer, the Influencer must be at least 18-years old (or the age of majority if higher) and have the legal capacity to enter into legally binding contracts.

    2. Registration. To register, the Influencer must complete the applicable registration form and submit a copy of a valid government-issued picture identification (in color) that contains the Influencer’s full legal name, date of birth, and expiration date for age and identity verification purposes. If the Influencer is in the United States, the Influencer must also submit a completed W-9 Form. If the Influencer is outside of the United States, the Influencer must submit a completed W-8BEN Form. (If you need help, please see https://www.irs.gov/pub/irs-pdf/iw8ben.pdf; if you need to apply for an IRS individual taxpayer identification number, please see https://www.irs.gov/pub/irs-pdf/fw7.pdf.) By registering, the Influencer states that (a) all account registration information is accurate (and will continue to be accurate during this agreement); (b) if the Influencer previously had an account, the Influencer’s old account was not terminated or suspended by the Company for violation of this agreement; (c) the Influencer registers on the Platform for the Influencer’s own personal use and the Influencer will not sell, rent, or transfer the Influencer’s account to any third party; and (d) the Influencer will not use any third-party payment processors to accept payments for any Influencer Offerings. The Influencer authorizes the Company to verify the validity of the Influencer’s government-issued picture identification with a third-party verification service. The Company will notify the Influencer of acceptance or rejection by email to the Influencer’s email address.

  2. Company Proprietary Rights; Limited License

    1. Ownership. The content, data, and materials on the Platform, except the Influencer Content (as defined below), including the text, graphics, interactive features, logos, photos, music, videos, software, and all other audible, visual, or downloadable materials, as well as the selection, organization, coordination, compilation, and overall look and feel of the Platform (collectively, “Materials”), are the intellectual property of the Company, its licensors, and its suppliers. United States copyright, trade dress, patent, trademark, and other laws protect the Platform and the Materials. Proprietary rights and all rights to the Platform and the Materials remain with the Company, its licensors, or its suppliers, as the case may be. The Influencer does not acquire any ownership rights in the Platform or the Materials. Except as the Company expressly authorizes in writing, the Influencer will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit the Platform or any of the Materials. If, with authorization, the Influencer downloads or prints a copy of the Materials for the Influencer’s personal use, the Influencer must retain all copyright, trademark, or other proprietary notices. The Company reserves all rights not expressly granted in and to the Platform and the Materials.

    2. Trademarks. The Company’s name and logo; the term MYVRGIRLS; the Platform’s logo; and all related names, logos, product and service names, designs, and slogans are the Company’s service marks and trademarks. The Influencer will not use these marks without the Company’s written permission. All other names, logos, product and service names, designs, and slogans on the Platform are the service marks and trademarks of their respective owners.

    3. Limited License. The Company hereby grants the Influencer a nonexclusive, nontransferable, nonsublicensable (except as otherwise provided in this agreement), revocable, limited license to access and use the Platform, the Materials, and the related software solely under this agreement (including the right to create a profile, upload content, and sell content and other offerings through the Platform). The Company prohibits any use other than permitted by this agreement.

    4. Platform Availability. The Company may alter, remove, or discontinue any part of the Platform or the Materials on the Platform, at any time, for any reason, without notice, and the Company will not be liable to the Influencer in any way for possible consequences of those changes.

  3. Influencer Account

    1. Account Creation. During the registration process, the Influencer will create an account by providing the Company with accurate information as prompted by the registration form, including a valid email address. The Influencer also will choose a password and a unique username. The Influencer must not select a username that is offensive or that infringes another person’s service mark, trademark, or trade name.

    2. Responsibility for Account. The Influencer is responsible for maintaining the confidentiality of the Influencer’s password and account (including any subaccounts). Further, the Influencer is responsible for all activities that occur under the Influencer’s account, including any acts or omissions of any authorized persons that the Influencer adds to the Influencer’s account or any subaccount. The Influencer will promptly notify the Company of any unauthorized use of the Influencer’s account (including any subaccount) or any other security breach.

    3. Liability for Account Misuse. The Company will not be liable for any loss that the Influencer may incur as a result of someone else using the Influencer’s password or account, either with or without the Influencer’s knowledge. The Influencer could be held liable for losses incurred by the Company or another person due to someone else using the Influencer’s account or password.

    4. Use of Other Accounts. The Influencer must not use anyone else’s account at any time.

    5. Account Security. The Company cares about the integrity and security of the Influencer’s personal information. But the Company cannot guarantee that unauthorized persons will never be able to defeat the Platform’s security measures or use any personal data the Influencer provides to the Company for improper purposes. The Influencer acknowledges that the Influencer provides personal data at the Influencer’s own risk.

  4. Influencer Profile and Offerings

    1. Influencer Profile. The Influencer may create one or more profiles (“Influencer Profile”) on the Platform to offer various content, products, and services, including paid videos, paid pictures, paid timeline, paid daily stories, paid comments, and various tangible goods such as toys and clothing (collectively, “Influencer Offerings”). The Influencer may allow fans to subscribe to the Influencer Profile for a one-time or recurring fee.

    2. Influencer Content. The Influencer may upload to or display through the Influencer Profile various media, content, and material, including videos, photographs, audio, text, audiovisual, graphics, music, trademarks, logos, and artwork (collectively, “Influencer Content”). The Influencer states that the Influencer owns or has a license to publish, publicly display, publicly perform, distribute, and permit the use of the Influencer Content by the Company and the Platform users as contemplated by this agreement and the Terms-of-Service Agreement.

    3. Influencer Products. As part of the Influencer Offerings, the Influencer may sell various tangible products, including toys, clothing, and undergarments (“Influencer Products”). The Influencer acknowledges that the Influencer is solely responsible for the Influencer Products that the Influencer makes available through the Influencer Profile as part of the Influencer Offerings. Fans that buy the Influencer Products will not be considered to be the Company’s customers, and the Influencer, not the Company, is solely responsible for fulfilling all orders made in connection with the Influencer Products, including customer service and order fulfillment. The Influencer must ship all Influencer Products All Influencer Products are to be shipped clean and sanitary. The Influencer must not sell any of the following prohibited items:

      1. alcohol, tobacco, drugs, drug paraphernalia, or prescription drugs;

      2. animal products or human remains;

      3. dangerous items, including hazardous materials, recalled items, or weapons;

      4. hate items, including items that promote, support, or glorify hatred;

      5. illegal items, items promoting illegal activity (including counterfeit or stolen items), or highly regulated items;

      6. internationally regulated items;

      7. obscene items, including items that are soiled with human materials, such as previously worn underwear and used sex toys;

      8. violent items, including items that promote, support, or glorify violence; and

      9. any items that cannot be shipped per USPS regulations, including used undergarments.

The Company may reject or remove any Influencer Product that does not comply with this agreement at any time.

    1. Interactive Services. The Influencer may use various interactive features, including messaging, email, timeline, and comments sections designed to foster interactions between the Influencer and fans (“Interactive Services”). The Influencer will remain responsible for all feedback transmitted by the Influencer or fans through the Interactive Services. The Company is not required to review, endorse, police, or enforce any relationships, interactions, or content shared between the Influencer and any fan using the Interactive Services. Nor is the Company required to resolve any dispute between the Influencer and any fan or any other person.

    2. Acceptable Use. The Influencer acknowledges that the Influencer is solely responsible for the Influencer Content that the Influencer offers, publishes, transmits, or posts on or through the Influencer Profile or the Interactive Services. The Influencer Profile, the Influencer Content, the Influencer Offerings, and the Interactive Services must not:

      1. Contain any material that is harmful, threatening, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

      2. Depict or portray minors, incest, rape or nonconsensual sex, extreme violence, torture, nonconsensual pain, blood, cutting, erotic asphyxiation, torture, necrophilia, sadomasochistic abuse or bondage, genital mutilation, bestiality, urination, defecation, enema play, vomiting, menstrual bleeding, or paraphilia.

      3. Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

      4. Infringe any copyright, patent, service mark, trademark, trade name, trade secret, or other intellectual property or proprietary rights of any other person.

      5. 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 applicable law or otherwise may be in conflict with this agreement or the Terms-of-Service Agreement.

      6. Be likely to deceive any person.

      7. Discuss, facilitate, promote, advertise, or solicit any illegal activity, or advocate, discuss, facilitate, promote, advertise, solicit, or assist any unlawful act, including prostitution or sex trafficking.

      8. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

      9. Impersonate any person, or misrepresent the Influencer’s identity or affiliation with any individual or organization.

      10. Display any telephone numbers, street addresses, last names, email addresses, URLs, or any confidential information of any person.

      11. Display any images or videos containing confidential or personal information without authorization.

      12. Give the impression that it emanates from or is endorsed by the Company or any other individual or entity, if this is not the case.

      13. Contain technically harmful material, including computer viruses, logic bombs, Trojan horses, worms, malware, ransomware, harmful components, corrupted data, or other malicious software or harmful data.

Engaging in any of the above practices will be considered a material breach of this agreement and may result in immediate termination of the Influencer’s account and access to the Platform without notice, in the Company’s sole discretion. The Company may pursue any legal remedies against the Influencer if the Influencer engages in any of the above-prohibited conduct. The Company will also report any Influencer Offering that could be considered exploitative of children in any way to the National Center for Missing and Exploited Children’s CyberTipline and any other applicable legal and regulatory bodies.

    1. Filtering Tools. The Platform allows the Influencer to use various blocking and filtering features to block users based on geographical IP regions from accessing the Influencer Profile. The Platform also allows the Influencer to block individual fans. The Influencer remains solely responsible for all acts or omissions associated with the Influencer’s use of the filtering tools.

    2. Monetizing Influencer Offerings. The Influencer may allow fans to subscribe to the Influencer Profile for a one-time or recurring fee. The Influencer is solely responsible for setting the prices for the Influencer Offerings, including the subscription fees for the Influencer Profile. The Influencer’s fans must submit payment through the Platform’s billing interface. The Influencer will not use any third-party payment processors to accept payments for any Influencer Offerings.

    3. 18 U.S.C. § 2257 Compliance. The Influencer will comply with the federal record-keeping and labeling requirements codified at 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75. The Influencer will obtain and keep all records necessary to demonstrate that the Influencer complies with 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75, including legible copies of picture identification cards (as defined by 28 C.F.R. 75.1) for each individual appearing in any Influencer Content on the date of the production of that Influencer Content. The Influencer or a third-party service provider will act as the “Custodian of Records” as required by 28 C.F.R. Part 75 and will keep all required records at the Influencer’s or that third party’s primary address. The Influencer will make available to the Company or any government official, and copy at the Company’s request, all records required to be kept under 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75.

    4. Influencer Proprietary Rights

      1. Influencer Content Ownership. The Company does not claim any ownership rights in the Influencer Profile or the Influencer Content. The Influencer continues to retain any ownership rights that the Influencer may have in the Influencer Profile and the Influencer Content subject to the licenses granted in section 4.9(b) and section 4.9(c).

      2. Influencer License Grant. The Influencer hereby grants the Company, its affiliates, and service providers, and each of their and the Company’s respective licensees a perpetual, worldwide, irrevocable, sublicensable, transferable license to host, cache, route, transmit, store, copy, modify, distribute, publicly perform and display (through all media now known or later created), reformat, excerpt, analyze, create algorithms based on, prepare derivative works of, sell, exploit, and otherwise use the Influencer Profile, the Influencer Content, and any associated trademarks, service marks, or trade names solely in connection with the Platform, and the Company’s business, including for (a) displaying the Influencer Profile and the Influencer Content on the Platform; (b) allowing fans to view the Influencer Profile and view, play, or download the Influencer Content; and (c) promoting the Influencer Profile, the Influencer Content, the Influencer Offerings, and the Platform. The foregoing license includes the right to reproduce, distribute, display, perform, make derivative works from, or otherwise exploit the Influencer Profile and the Influencer Content in proximity with or in connection with any third-party content, including advertisements.

      3. Use of Influencer’s Fictitious Name, Likeness, and Information. The Influencer hereby grants the Company and its affiliates, and each of their respective direct and indirect successors, licensees, and assigns the right to use the Influencer’s fictitious name, image, likeness, and biographical and professional information, including information the Influencer provides to the Company and any other information publicly available about the Influencer, in connection with the Platform and the Influencer Offerings, including advertising and promoting the Platform and the Influencer Offerings, in perpetuity throughout the universe and in any medium or format now existing or later developed without further consent from or any royalty, payment, or other compensation to the Influencer. The Influencer acknowledges that the Influencer’s fictitious name and likeness may appear on websites that contain pornographic content, including content that the Influencer might consider obscene, indecent, offensive, or otherwise objectionable. The Influencer waives any right to inspect or approve the Company’s use of the Influencer’s fictitious name and likeness. The Influencer must obtain a signed written appearance release, waiver of rights, and release of claims for each identifiable person in the Influencer Content to allow the use of their fictitious name and likeness in the Influencer Content and to allow the Influencer Content to be posted on the Platform.

      4. Moral Rights Waiver. The Influencer waives all claims the Influencer may now or later have in any jurisdiction to so-called “moral rights” or rights of droit moral in the Influencer Profile and the Influencer Content.

    5. Monitoring and Enforcement

      1. The Company may do any of the following:

        1. Remove or block the Influencer Profile or any of the Influencer Offerings or Influencer Content for any reason or no reason at the Company’s sole discretion. The reasons for rejection may include where the Company believes that the Influencer Profile or the Influencer Content breaches this agreement, including section 4.5.

        2. Take any action with respect to the Influencer Profile, the Influencer Offerings, or the Influencer Content that the Company considers necessary or appropriate in its sole discretion, including if the Company believes that the Influencer Profile, the Influencer Offerings, or the Influencer Content breaches this agreement, infringes any intellectual property right of any person, threatens the personal safety of the Platform’s users or the public, or could create liability for the Company.

        3. Disclose the Influencer’s identity or other information about the Influencer to any person who claims that the Influencer Profile, the Influencer Offerings, or the Influencer Content violates their rights, including their intellectual property rights or their right to privacy or publicity.

        4. Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Platform.

        5. Terminate or suspend the Influencer’s access to all or part of the Platform for any reason, including breach of this agreement.

      2. The Company fully cooperates with law enforcement authorities and court orders requesting or directing the Company to disclose the identity or other information of anyone posting any content on the Platform. The Influencer hereby waives any claims the Influencer might have against the Company, including its affiliates, licensees, and service providers, resulting from any action taken by the Company during or because of the Company’s investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.

      3. The Company does not endorse the opinions expressed in the Influencer Profile, the Influencer Content, the Influencer Offerings, or the Interactive Services. The Company cannot and does not review the Influencer Profile, the Influencer Content, or the Influencer Offerings before the Influencer posts it and cannot ensure prompt removal of objectionable Influencer Content after it has been posted. The Company will not be liable for any action or inaction regarding transmissions, communications, or content provided by any person. The Company will not be liable to anyone for performance or nonperformance of the activities described in this section 4.10.

  1. Influencer Compensation

    1. Influencer Revenue. The Influencer will receive 65% of the Net Revenue from the sale of the Influencer Offerings and 90% of the tips received from fans during this agreement (collectively, “Influencer Revenue”); the Company will retain 35% of the Net Revenue and 10% of the tips as a service fee. “Net Revenue” means gross revenue received from the sale of the Influencer Offerings less Transactional Costs, chargebacks, and refunds and excluding any taxes (including VAT). “Transactional Costs” are amounts paid by the Company to third parties to facilitate a transaction and may include payment-processing fees, foreign exchange fees, and platform fees (e.g., for transactions occurring through third-party stores or systems).

    2. Payouts. The Company will deposit the Influencer Revenue to the Influencer’s online wallet. The Company will pay the amount in the Influencer’s online wallet to the Influencer’s bi-weekly on condition that the Influencer’s online wallet has a minimum of $200. The Company will make all payouts using the payment method selected by the Influencer in the Influencer’s account.

    3. Taxes. Income taxes are solely the Influencer’s responsibility. The Company may withhold from any amounts due to the Influencer that the Company determines in good faith must be withheld under U.S. tax law. The Company may file reports concerning income with any taxing authority, including the U.S. Internal Revenue Service.

    4. Limitations. The Company is not required to payout Influencer Revenue for any transaction that is subject to a refund or chargeback. The Company may withhold amounts or make adjustments in its sole discretion (a) to satisfy any refunds that it may make (including for technical errors); (b) pending any investigation of fraud or other illegality; (c) due to excessive chargebacks or refunds; (d) due to breach of this agreement; and (e) as required by U.S. tax law. If the Company is unable to payout the Influencer after six months as a result of inaccurate information in the Influencer’s account and the Company is unable to contact the Influencer, that Influencer Revenue will be forfeited and become the Company’s property.

    5. Disputes. If the Influencer disputes the calculation of the Influencer Revenue, the Influencer must notify the Company in writing no later than 30 days after the disputed calculation. Failure to notify the Company within this period will result in the Influencer’s waiver of any claims related to the disputed calculation.

  2. Relationship of the Parties

    1. The parties intend that their relationship will be that of independent contractors and not business partners. 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 party is the agent for the other, and neither party has the right to bind the other on any agreement with another person.

    2. The Influencer is not eligible under this agreement to participate in any vacation, group medical or life insurance, disability, profit sharing or retirement benefits, or any other fringe benefits or benefit plans offered by the Company to its employees.

    3. The Company is not responsible for withholding or paying any income, payroll, Social Security, or other foreign, federal, state, or local taxes; making any insurance contributions, including unemployment or disability; or obtaining worker’s compensation insurance on the Influencer’s behalf. The Influencer is solely responsible for all those taxes or contributions, including penalties and interest. The Influencer is also responsible for maintaining adequate worker’s compensation coverage or insurance for the Influencer and any employee or other personnel engaged by the Influencer.

    4. Any persons employed or engaged by the Influencer in connection with the creation, production, or submission of the Influencer Content must be the Influencer’s employees or contractors, and the Influencer will be fully responsible for them and indemnify the Company against any claims made by or on behalf of any such employee or contractor. The Influencer will require each such employee and contractor to sign written agreements securing for the Company all rights granted to the Company in this agreement before that employee or contractor provides or creates any Influencer Content in connection with this agreement.

  3. Statements of Fact. The Influencer states that the following facts are accurate and will continue to be accurate during this agreement:

    1. The Influencer is at least 18-years old and has the legal capacity to enter into this agreement.

    2. The Influencer has the power to enter into this agreement, to grant the rights and licenses granted in it, and to perform the Influencer’s obligations in this agreement.

    3. The Influencer is duly licensed, authorized, and certified by all applicable governmental and regulatory authorities to perform the Influencer’s duties and obligations under this agreement.

    4. The Influencer is not, nor is the Influencer acting for any person or entity that is, prohibited from engaging in transactions with U.S. citizens, nationals, or entities under U.S. law, including regulations issued by the U.S. Office of Foreign Assets Control (OFAC).

    5. The Influencer is not, nor is the Influencer acting for any person or entity that is, a Specially Designated National (SDN), as OFAC may designate on one or more occasions.

    6. The Influencer has independently evaluated the desirability of participating in the Platform, and the Influencer has not relied on any statement other than those in this agreement.

    7. The Influencer’s signing and performance of this agreement will not conflict with or violate (i) any order, judgment, or decree that applies to the Influencer; or (ii) any agreement that applies to the Influencer.

    8. The Influencer’s performance under this agreement will not:

      1. invade the right of privacy or publicity of any person (including invasion of rights of celebrity);

      2. involve any defamatory, obscene, indecent, or otherwise unlawful material;

      3. violate any applicable law, including 18 U.S.C. § 1591 (sex trafficking of children or by force, fraud, or coercion), and 18 U.S.C. § 2421A (promotion or facilitation of prostitution and reckless disregard of sex trafficking); or

      4. otherwise infringe on the rights of any third parties, including those of copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual-property rights, or engage in false advertising, unfair competition, violation of antidiscrimination law, or violation of any other right of any person.

    9. In connection with the Influencer Products that the Influencer makes available through the Influencer Profile:

      1. the Influencer Products comply with all applicable federal, state, local, and international laws, including all rules, guidelines, and regulations of the US Federal Trade Commission (FTC);

      2. the Influencer Products do not violate any rights of any other person, including infringement or misappropriation of any copyright, patent, service mark, trademark, trade name, trade secret, right of publicity, right of privacy, or other proprietary, property, or intellectual property right;

      3. the Influencer has a reasonable basis for any claims made in connection with any Influencer Product and possesses appropriate documents to substantiate the claims; and

      4. the shipment of the Influencer Products does not violate 18 U.S.C. § 1461 (mailing obscene or crime-inciting matter).

    10. The Influencer owns all interest in the Influencer Content that is uploaded to the Influencer Profile or otherwise used in connection with the Platform.

    11. The Influencer has sufficient rights in the Influencer Content to grant the Company the rights granted in this agreement (including a signed written appearance release for each identifiable person in the Influencer Content to use their fictitious name and likeness).

    12. The Influencer Content does not depict any individual under 18-years old.

    13. The Influencer complies with 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75, including inspecting and keeping all required written documents, including written documents sufficient to confirm that all subjects of the Influencer Content were at least 18-years old at the time of the production of the Influencer Content as required by 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75, and will provide the Company with copies of all required written documents on request.

  4. Privacy. For information about how the Company collects, uses, and shares the Influencer’s personal information, please review the Platform’s Privacy Policy. The Influencer acknowledges that the Company may retain indefinitely information the Influencer submits to the Company, including a copy of the Influencer’s government-issued identification, in case the information is needed to comply with applicable law, including 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75, or in a good-faith belief that preservation or disclosure of that information is reasonably necessary, in the Company’s opinion, to (a) comply with legal process, including civil and criminal subpoenas, court orders, or other compulsory disclosure; (b) enforce this agreement; (c) respond to claims of a violation of the rights of third parties, regardless of whether the third party is a user, individual, or government agency; or (d) protect the rights, property, or personal safety of the Company, the Platform’s users, or the public.

  5. No-Disparaging. During this agreement and for two years after its termination, the Influencer must not take any action that is intended, or would reasonably be expected, to harm the Company or its reputation or that would reasonably be expected to lead to unwanted or unfavorable publicity to the Company. But nothing will prevent the Influencer from making any truthful statement in connection with any legal proceeding or investigation by the Company or any government body.

  6. Termination

    1. Termination on Notice; Account Deletion. Either party may terminate this agreement at any time for any reason by written notice to the other party. The Influencer may also terminate this agreement by deleting the Influencer’s account. The Influencer may delete the Influencer Profile, the Influencer Offerings, or the Influencer Content at any time, on condition that the Influencer Offerings will continue to be made available to fans who purchased those Influencer Offerings.

    2. Termination by Company. The Company may suspend, disable, or terminate the Influencer’s account for any reason, including (a) the Influencer’s breach of this agreement; (b) the Influencer Profile or the Influencer Content infringes any intellectual property right of any person; (c) the Influencer’s fraudulent, illegal, or suspicious activity; or (d) the Influencer engaged in conduct that threatens the personal safety of the Platform’s users or the public or would tend to damage the Company’s reputation and goodwill or create liability for the Company.

    3. Effect of Termination. On termination, the Influencer’s right to access the Platform and all licenses granted by the Company terminate, and the Company will remit to the Influencer, no later than 45 days after the date of termination, all outstanding and undisputed Influencer Revenues earned under this agreement. In addition, the Influencer acknowledges that the Company may set off against any Influencer Revenues owed to the Influencer any loss incurred under section 15 (Indemnification).

    4. Survival. Any part of this agreement that imposes an obligation after termination will survive the termination, including all warranty disclaimers and limitations of liability.

  7. Warranty Disclaimers

    1. The Company is not making any guarantee of profitability or about the amount of money the Influencer will earn under this agreement. The Influencer acknowledges that past earnings do not guarantee or suggest similar future earnings.

    2. The Influencer assumes sole responsibility for all risks, consequences, and damages resulting from the Influencer’s interaction and association with the Platform, including risks associated with the publicity of appearing on the Internet; the risk of recording, piracy, or unauthorized dissemination of the Influencer Content; or the risk of publication of the Influencer’s identity, including publication of the Influencer’s personal information.

    3. The Company is not making any warranty—express or implied—that

      1. the use of the Platform will be timely, uninterrupted, or error-free (whether as a result of technical failure, acts or omissions of third parties, or other causes) or will operate in combination with any other hardware, software, system, or data;

      2. the Platform or the Materials will meet the Influencer’s requirements or expectations;

      3. the Platform or the Materials will be accurate or reliable;

      4. errors or defects in the Platform will be corrected; or

      5. the servers that make the Platform available are free of viruses or other harmful components.

    4. The Company offers the Platform and the Materials “as is.” The Company is not making any warranty, either express or implied, including any implied warranty of merchantability, fitness for a particular purpose, and noninfringement for the Platform or the Materials. No advice or information, whether oral or written, obtained from the Company, the Platform, or elsewhere will create any warranty not expressly stated here.

  8. Limitation of Liability

    1. The Company will not be liable to the Influencer for any of the following:

      1. Errors, mistakes, or inaccuracies of the Platform or the Materials;

      2. Personal injury or property damage resulting from the Influencer’s access to or use of the Platform or the Materials;

      3. Materials (including Influencer Content) or conduct that is infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, abusive, invasive of privacy, or illegal;

      4. Unauthorized access to or use of the Company’s servers and any personal or financial information stored in them, including unauthorized access or changes to the Influencer’s account, the Influencer Content, transmissions, or data;

      5. Interruption or cessation of transmission to or from the Platform;

      6. Denial-of-service (DoS) attack or distributed denial-of-service (DDoS) attack;

      7. Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Platform by any person or that might infect the Influencer’s computer or affect the Influencer’s access to or use of the Platform or the Influencer’s other services, hardware, or software;

      8. Incompatibility between the Platform and the Influencer’s other services, hardware, or software;

      9. Delays or failures the Influencer might experience in starting, conducting, or completing any transmissions to or transactions through or with the Platform; or

      10. Loss or damage incurred because of the use of any content posted, emailed, sent, or otherwise made available through the Platform.

    2. The Company will not be liable to the Influencer for breach-of-contract damages that the Company could not reasonably have foreseen on entry into this agreement. The Company also will not be liable to the Influencer—regardless of theory of liability and even if the Company knew or should have known of the possibility of these damages—for damages for any of the following: (a) personal injury; (b) pain and suffering; (c) emotional distress; (d) loss of use; (e) loss of services; (f) loss of profits; (g) loss of revenue; (h) loss of goodwill; (i) loss of contracts; (j) loss of data; (k) loss of privacy; (l) loss of business or opportunity; or (m) cost of obtaining substitute services related to the Platform.

    3. Except as stated in section 15 (Indemnification), neither party will be liable to the other party for indirect, incidental, special, statutory, exemplary, or punitive damages arising from or relating to this agreement, regardless of the theory of liability and even if that party knew or should have known of the possibility of these damages, including loss of revenue or anticipated profits or lost business.

    4. The Company’s total cumulative liability to the Influencer will not exceed the greater of (a) total amount owed to the Influencer under this agreement and (b) $500.

  9. Waiver of California Civil Code Section 1542. If the Influencer resides in California, the Influencer acknowledges that the Influencer understands the consequences of entering into the general release and discharge of all known and unknown claims as stated in this agreement and that the Influencer is familiar with the provisions of section 1542 of the California Civil Code, which provides that:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

The Influencer waives all rights under section 1542 and any other federal or state statutes or laws of similar effect.

  1. Scope of Disclaimers and Limitations. The disclaimers and limits stated in sections 11 and 12 apply to the greatest extent allowed by law, but no more. The Company does not intend to deprive the Influencer of any mandatory protections provided to the Influencer by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the limitation of some damages, or other matters, one or more of the disclaimers or limitations might not apply to the Influencer.

  2. Indemnification

    1. In General. The Influencer will pay the Company for any loss of the Company’s that is caused by (a) the Influencer’s use of the Platform, including the Interactive Services or the Materials; (b) the Influencer Profile, the Influencer Content, or the Influencer Offerings; (c) the Influencer’s dispute with any fan or other person; (d) the Influencer’s breach of this agreement; (e) the Influencer’s infringement of third-party intellectual property rights or violation of any other third-party rights; (f) the Influencer’s violation of applicable law; (g) the Influencer’s tortious acts or omissions; or (h) the Influencer’s criminal acts or omissions. But the Influencer is not required to pay if the loss was caused by the Company’s intentional misconduct.

    2. Definitions. Loss” means an amount that the Company is legally responsible for or pays in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages. A loss is “caused by an event if the loss would not have occurred without the event, even if the event is not a proximate cause of the loss.

    3. Company’s Duty to Notify. The Company will notify the Influencer before the 15th business day after the Company knows or should reasonably have known of a claim for a loss that the Influencer might be obligated to pay. The Company’s failure to give the Influencer timely notice does not terminate the Influencer’s obligation, except to the extent that the failure prejudices the Influencer’s ability to defend the claim or mitigate losses.

    4. Legal Defense of a Claim. The Company has control over defending a claim for a loss (including settling it) unless the Company directs the Influencer to control the defense. The Company and the Influencer will cooperate in good faith on a claim.

    5. No Exclusivity. The Company’s rights under this section 15 do not affect other rights that the Company might have.

  3. Dispute Resolution

    1. Litigation Election. Either party may elect to litigate the following type of case or controversy: (a) an action seeking injunctive relief, or (b) a suit to compel compliance with this section 16.

    2. Arbitration. The parties will settle any dispute arising out of or relating to this agreement, or the breach of it, by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. 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. A single arbitrator will preside over the arbitration and issue a final award on all issues submitted to the arbitrator. The arbitrator may grant whatever relief that would be available in a court at law or in equity, except that the arbitrator will not award punitive or exemplary damages, or damages otherwise limited or excluded in this agreement. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Arbitration will take place in Orlando, Florida, unless the parties agree otherwise in writing. The parties will bear equally the costs of arbitration, including the fees and expenses of the arbitrator, and each party will bear the costs associated with its case, except the arbitrator will award costs and fees to the Prevailing Party under section 16.5. 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 parties’ prior written consent.

    3. Injunctive Relief. The Influencer acknowledges that breach by the Influencer of this agreement could cause irreparable harm for which damages would be an inadequate remedy. If any breach occurs or is threatened, the Company may seek an injunction, a restraining order, or any other equitable remedy, in each case without posting a bond or other security.

    4. Jurisdiction and Venue. If a party brings any proceeding seeking an injunction, a restraining order, or any other equitable remedy to which that party is entitled under this agreement, that party will bring that proceeding only in the United States District Court for the Middle District of Florida or in any state court of competent jurisdiction in Orange County, Florida, and each party submits to the exclusive jurisdiction and venue of those courts for purposes of any proceeding. Each party waives any claim that any proceeding brought under section 16.4 has been brought in an inconvenient forum or that the venue of that proceeding is improper.

    5. Recovery of Expenses. In any arbitration or litigation proceedings between the parties arising out of or relating to this agreement, the Prevailing Party will be entitled to recover from the other party, in addition to any other relief awarded, all expenses that the Prevailing Party incurs in those proceedings, including legal fees and expenses. For purposes of this section 16.5, “Prevailing Party” means, for any proceedings, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the Prevailing Party. If any proceedings are voluntarily dismissed or are dismissed as part of settlement of that dispute, neither party will be the Prevailing Party in those proceedings.

    6. Jury Trial Waiver. Each party waives its right to a trial by jury in any proceedings arising out of or relating to this agreement. Either party may enforce this waiver up to and including the first day of trial.

    7. Class Action Waiver. The parties will conduct all proceedings to resolve a dispute in any forum on an individual basis only. Neither the Influencer nor the Company will seek to have any dispute heard as a class action or participate in any other proceeding in which either party acts or proposes to act in a representative capacity. The parties will not combine any proceeding with another without the advanced written consent of all parties to all affected proceedings.

    8. Limited Time to Bring Claims. A party will not bring a claim arising out of or relating to this agreement more than one year after the cause of action arose. Any claim brought after one year is barred.

  4. General

    1. Entire Agreement. This agreement and the Terms-of-Service Agreement constitute the entire agreement of the parties concerning the subject matter and supersede all earlier written or oral discussions, negotiations, proposals, undertakings, understandings, and agreements between the parties concerning the subject matter. If any conflict or inconsistency exists between this agreement and the Terms-of-Service Agreement, this agreement will govern.

    2. Amendment. The Company may change this agreement on one or more occasions, on condition that changes will not apply to ongoing disputes or disputes arising out of events occurring before the posted changes. The Company will notify the Influencer through the Platform or by email of any changes to this agreement. Changes will become effective when posted on this page. It is the Influencer’s responsibility to check this page periodically for changes to this agreement. If the Influencer continues to use the Platform after any change, the Company will consider the Influencer’s continued use of the Platform as acceptance of the change unless the Influencer notifies the Company in writing of the Influencer’s disagreement and the reasons for the Influencer’s disagreement no later than 15 days after the change. The Company will contact the Influencer no later than 15 days after receiving the notice to address the notice and try to reach a mutually amicable resolution. If the Company is unable to resolve the Influencer’s disagreement, the Influencer’s sole remedy is to terminate this agreement.

    3. Assignment and Delegation. This agreement is personal to the Influencer. The Influencer will not assign any of the Influencer’s rights or delegate any performance under this agreement, except with the Company’s advance written consent. The Company may assign any of its rights or delegate any performance under this agreement without the Influencer’s consent. Any purported assignment of rights or delegation of performance by the Influencer in breach of this section 17.3 is void.

    4. Waivers. If the Company fails to exercise or enforce any right or provision of this agreement, it will not constitute a waiver of that right or provision. Any waiver of any provision of this agreement will be effective only if in writing and signed by the relevant party.

    5. Severability. If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.

    6. Notices

      1. Notice to the Company. The Influencer may send notice to the Company by email to contact@myvrgirls.com unless a specific email address is listed on the Platform for giving notice. The Company may change its contact information on one or more occasions by posting the change on the Platform. Please check the Platform for the most current information for sending notice to the Company. The Company will consider an email notice received by it only when the Company’s server sends a return message to the Influencer acknowledging receipt.

      2. Notice to the Influencer. The Influencer consents to receive any notice from the Company in electronic form either (1) by email to the email address listed in the Influencer’s account or (2) by posting the notice on a place on the Platform chosen for this purpose. The Influencer may change the Influencer’s contact information on one or more occasions by updating the contact information in the Influencer’s account. The Company will consider notices sent to the Influencer by email received when the Company’s email service shows transmission to the Influencer’s email address.

    7. Governing Law. Florida law governs all matters arising out of or relating to this agreement, including its validity, interpretation, construction, performance, and enforcement, without giving effect to its conflicts of law principles.

    8. Force Majeure. The Company is not responsible for any failure to perform if unforeseen circumstances or causes beyond its reasonable control delays or continues to delay its performance, including (a) acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; (b) war, riot, arson, embargoes, acts of civil or military authority, or terrorism; (c) fiber cuts; (d) strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; (e) failure of the telecommunications or information services infrastructure; and (f) hacking, SPAM, or any failure of a computer, server, network, or software.

    9. 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.

    10. Successors and Assigns. This agreement benefits and binds the parties and their respective heirs, successors, and permitted assigns.

    11. Electronic Signature. The Influencer acknowledges that any affirmation, assent, or agreement the Influencer sends through the Platform in response to a prompt binds the Influencer. The Influencer further acknowledges that when the Influencer clicks on an “I agree,” “I consent,” or other similarly worded “button” or entry field using a mouse, keystroke, or other device, this action is the legal equivalent of the Influencer’s handwritten signature and binds the Influencer in the same way.

    12. Voluntary Agreement. The Influencer has entered into this agreement voluntarily and for valid reasons. The Influencer acknowledges that the Influencer (i) has carefully read this agreement, (ii) discussed it with the Influencer’s attorneys or other advisors, (iii) understood all the terms, and (iv) will comply with it. The Influencer has relied on the advice of the Influencer’s attorneys or other advisors about the terms of this agreement and waives any claim that the terms should be construed against the drafter.

    13. No Reliance. The Influencer acknowledges that in electronically signing this agreement, the Influencer does not rely and has not relied on any statement by the Company or its agents, except those statements contained in this agreement.

    14. Consent to Electronic Communications. By using the Platform, the Influencer consents to receiving communications from the Company electronically, including emails and messages posted to the Influencer’s account on the Platform. The Influencer acknowledges that all communications that the Company provides to the Influencer electronically satisfies any legal requirement that those communications be in writing. If the Influencer wishes to withdraw the Influencer’s consent to receiving electronic communications from the Company at any time, the Influencer may notify the Company at privacy@myvrgirls.com of the Influencer’s withdrawal of consent.