Terms and Conditions

Last edit: August 06, 2020

SHARESOME.COM IS A FREE SITE THAT PRESENTS PICTURES OF AND AUDIOVISUAL WORKS DEPICTING HUMAN SEXUALITY. YOU UNDERSTAND THAT BY USING THIS SERVICE, AND BY MERELY ACCESSING THIS WEBSITE, YOU MAY BE EXPOSED TO CONTENT THAT IS OFFENSIVE, INDECENT, OR OBJECTIONABLE. THE MATERIAL ON THIS WEBSITE/SERVER IS ADULT ORIENTED AND/OR SEXUALLY EXPLICIT AND IS RELATED TO MATERIAL OF AN ADULT NATURE. THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH YOU ACCESS WWW.SHARESOME.COM AND ITS SERVICES. ACCESS IS MADE AVAILABLE ONLY TO THOSE WHO ACCEPT THE TERMS OF THE FOLLOWING AGREEMENT:

YOU MUST BE AT LEAST 18 YEARS OLD TO ACCESS AND USE THIS WEBSITE AND SERVICES.

END USER LICENSE AGREEMENT & TERMS OF SERVICE

End User License Agreement & Terms of Service (the “Agreement”) is a binding contract between you, an individual user (“you”) and PV Websites, Ltd., a Cyprus Corporation (“PVW”), governing your use of the website and Service.

BY ACCESSING THE WEBSITE AND/OR USING THE SERVICE, YOU STATE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE SERVICE. CONTACT [email protected] IF YOU WANT PVW TO SEND YOU A COPY OF THIS AGREEMENT AND PVW’S PRIVACY POLICY.

MATERIAL TERMS:

As provided in greater detail in this Agreement (and without limiting the express language of this Agreement), you acknowledge the following: the Service is licensed, not sold to you, and that you may use the Service only as set forth in this Agreement;

The use of the Service may be subject to separate third-party terms of service and fees, including, without limitation, your credit card company’ terms of service and fees, your mobile network operator’s terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility.

PVW is not a talent agent and is not licensed under the Labor Code of the State of California as a talent agent or as an employment agent or otherwise under the Business and Professions Code of the State of California, or as a theatrical employment agency or other employment agency under the General Business Law of the State of New York, or as any of the foregoing under the laws of any State including the State of Arizona, and PVW has not promised to procure employment or engagements for any of its Users;

All proper model releases, permission to use images, as well as age verification of all performers are maintained as required by the Federal Government and pursuant to 18 U.S.C. §2257 are held by Users that post User Content. PVW does not retain such documents. PVW does not require 2257 documentation upon User Account registration, however, such documentation may be requested by PVW at any time. Failure to fulfill such requests within 24 hours will result in your account being terminated. You certify that the pictures you submit are of individuals 18 years of age or older and as the primary producer, as defined by 28 CFR § 75 et al., have certified that they have complied with 28 CFR § 75 et al., thereby exempting PVW from the record keeping requirements of 18 U.S.C. 2257(a)--(c). PVW is not the primary or secondary producer (as defined in 18 USC section 2257 or subsequent case law) of any of the visual content contained in the website. In so much that if PVW is determined by a court that they are primary of secondary producers, you hereby agree to act in the capacity of PVW’s third-party custodian of records.

You agree not to reproduce, duplicate, copy, sell, distribute, rent, resell or exploit any portion of the Website, Service, use of the Service, or access to the Service; you consent to the collection, use, and disclosure of your personally identifiable information in accordance with PVW’s Privacy Policy;

The website and Service is provided “as is” without warranties of any kind and PVW’s liability to you is limited;

You may cancel your account at any time subject to Section 4, below; some disputes arising hereunder will be resolved by binding arbitration. By accepting this Agreement, you are waiving the right to a trial by jury or to participate in a class action;

You further agree that any claims made against you by PVW for copyright, trademark and/or infringement of any of PVW’s intellectual property shall not be resolved by binding arbitration and you submit to the venue and jurisdiction of the courts of the State of California. THIS IS A MATERIAL TERM OF THIS AGREEMENT AND SHOULD YOU CHOOSE NOT TO ACCEPT SUCH YOU SHOULD IMMEDIATELY LEAVE THIS WEBSITE.

AGREEMENT

1. SCOPE OF LICENSE. 

The Service is licensed, not sold, to you for use only under the terms of this Agreement. PVW reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with the terms and conditions of this Agreement, PVW hereby grants you a personal, limited, revocable, non-transferable license to use the Service on a single compatible device that you own or control, for your own private, personal, non-commercial use. You may use the Service for commercial purposes with the expressed written consent of PVW.

You may not make the Service available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, redistribute or sublicense the Service.

You may not attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). If you breach these license restrictions or the restrictions set forth in Section 10, or otherwise exceed the scope of the licenses granted herein, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights. The terms of this Agreement will govern any updates provided to you by PVW that replace and/or supplement the original Service, unless such upgrade is accompanied by a separate license or revised Agreement, in which case the terms of that license or revised Agreement will govern.

2. GENERAL.

A. Description of Services. 

The “Service(s)” means, collectively, PVW’s: (a) audiovisual service offering access to a selection of audiovisual works and other content (the “Service”), whether available through our website located at https://www.Sharesome.com (the “Website”) or through any software applications made available for mobile devices (“Service Applications”);

(b) all software, external players, buttons and widgets, data, text, images, sounds, video, graphics and photos made available by PVW through any of the foregoing; and 

(c) any updates, new versions, new releases, additional features and functionality that PVW may offer in connection with the foregoing ((a)-c) collectively, the “Content”). 

B. Consideration.

You understand and agree that this Agreement is entered into in consideration of your access to and use of the Service pursuant to this Agreement (the “Subscription”), and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Any end user who accesses and uses the public-facing portions of the Service will be referred to herein as a “Visitor,” and any end user who registers for a Subscription will be referred to herein as a “Member”. The term “Users” refers to Visitors and Members collectively.

C. Changes to the Service.

PVW may at its sole discretion and from time to time change, add or remove features and functionality of the Service without any notice to you. PVW reserves the right to discontinue some or all of the features of the Service at any time at its sole discretion. You acknowledge and agree that PVW will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. If you are dissatisfied with any changes to the Service, then your sole option is to discontinue or terminate your use of the Service as described herein. Notwithstanding anything in this Agreement to the contrary, if you have signed up for a Subscription and PVW cancels your Subscription without cause, then PVW will offer you the pro-rated, unearned portion of any amounts that you have prepaid to PVW for such Subscription.

D. Changes to this Agreement.

The Service is owned and operated by PVW, and PVW reserves the right to revise this Agreement in an immaterial manner its sole discretion at any time and without prior notice to you other than by posting the revised Agreement on the Service. Unless otherwise stated in the Service, revisions to this Agreement are effective upon posting and your continued use of the Service after a revised version of this Agreement has been posted by PVW to the Service constitutes your binding acceptance of such revised Agreement. This Agreement will be identified as of the most recent date of revision.

No revisions to this Agreement will apply to any dispute between you and PVW that arose prior to the effective date of such revision.

3. THE WEBSITE AND SERVICE. 

A. Privacy Policy. 

Your use of the Website and Service is subject to the Privacy Policy, which is hereby incorporated by reference into this Agreement. By using the Website and/or Service, you agree that you have read, understood, and agree to the data collection, use, and disclosure provisions set forth in the Privacy Policy.

B. Mobile Services. 

The Service includes certain services that are available via a mobile device, including:

(a) the ability to browse the Service from a mobile device; and

(b) the ability to access certain features of the Service through Service Applications downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent that you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply, and you acknowledge that you are solely responsible for all such fees and charges. In addition, your carrier may restrict downloading, installing, or using certain Mobile Services, and not all Mobile Services may work with all carriers or devices.

C. Service Security. 

You are prohibited from violating, or attempting to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the Service, at PVW’s sole discretion. PVW reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Service. You agree to promptly notify PVW if you learn or reasonably suspect that any security breach related to the Service has occurred.

4. REGISTRATION AND ELIGIBILITY. 

A. User Account. 

You may access the public-facing portions of the Service as a Visitor. To access certain additional features and functionality of the Service, you must register an account with PVW. All information provided to PVW during registration will be held and used in accordance with PVW’s Privacy Policy. You are responsible for maintaining the confidentiality of your log- in credentials in order to use the Service and are fully responsible for all activities that occur through the use of your credentials. You agree to notify PVW immediately of any unauthorized use of your log-in credentials or any other breach of security with respect to your account. PVW will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying PVW of such unauthorized use or loss of your credentials.

B. Accuracy of Information. 

You agree to provide true, accurate, current, and complete information about yourself as requested in any registration forms and to update the information about yourself promptly, and as necessary, to keep it current and accurate.

C. Children. 

The Website, Service, and Mobile Service is not intended for children and you agree that you are over the age of 18 years and that you will not use, display, show or otherwise use the Service in the presence of children. IF YOU ARE UNDER 18 YEARS OF AGE, THEN YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. You must be at least the age of majority in your jurisdiction to use the Service. By using the Service, you affirm that you are (a) either above the age of majority in your jurisdiction; and (b) are fully able and competent to enter into and abide by the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.

5. FLAME CREDITS & PAYMENTS. 

You may elect to put money on deposit with the Service which will be converted to our proprietary currency (Flame Credits) which Flame Credits may only be used through the Service as you elect, including for use to tip other Members, pay for messages, or Promoted Posts/Profiles. Prices for Flame Credits will be posted on the Service and may change from time to time in our sole discretion. Prices for access to tip other Members, pay for messages, or Promoted Posts/Profiles will also be posted on the Service and may change from time to time in our sole discretion. Prices are subject to change and may vary due to various reasons, including special and limited promotional offers. All payments, including for the purchase of Flame Credits, must be made with your valid credit card, debit card, or other method of payment that we may make available from time to time, the information of which may be kept on file by us or by our payment processing contractor. Fees for Flame Credits must be paid in advance of you using them.

6. FLAME CREDITS ARE NOT REDEEMABLE. 

A. Tips: 

By tipping Flame Credits through the Service, you agree that all Flame Credit tips are intended as a gratuity and all tips are final when sent. In the event that we receive a complaint about a tip after it has been sent, we may, at our election and with no obligation to do so, send the complaint to the other party for the other party's response regarding the complaint. You are prohibited from providing "tips" for the performance of specific acts. Requesting or demanding specific acts for tips may result in a ban from the Service for all parties involved.

B. Messages: 

Sending a message to a Verified Star will cost you Flame Credits. Each message will be billed separately. If the Verified Star does not answer in 24 hours, your Flame Credits will be reimbursed. 

C. Promoted Posts: 

You can purchase additional views for your posts on the Service. When you place your order, the Services shows you the amount of additional views you will receive. If you accept the price in Flame Credits, we will deliver your Promoted Post to new Members that do not follow you. When providing your Promoted Post, we make every effort to deliver the Promoted Post in the best way possible. However, we cannot guarantee in every case that your Promoted Post will have the result you wish will come out. We can reject or remove any advertisement for any reason. Delivery scheduling is based on availability and may not be consistent.

7. CREDIT CARD INFORMATION. 

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

8. CANCELLATION OF ORDER. 

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

9. AUTOMATIC CREDIT CARD PAYMENTS. 

YOUR PAYMENT METHOD ON FILE MAY BE AUTOMATICALLY CHARGED FOR YOUR FUTURE PURCHASES. YOU HEREBY AUTHORIZE US AND OUR AGENTS (INCLUDING PAYMENT PROCESSORS WE MAY USE) TO CHARGE YOUR PAYMENT METHOD ON FILE FOR SUCH PAYMENTS ON YOUR BEHALF.

10. FRAUDULENT CHARGES/LOST CREDIT CARDS. 

You agree not to report as fraudulent, lost or stolen any form of payment which you have used in conjunction with payment to us, for which you do not have a good faith reason to believe is in fact fraudulent, lost or stolen. You agree not to report as unauthorized any charge by us for any goods or services, including subscriptions, for which you do not have a good faith reason to believe is in fact unauthorized. You agree that, and in the absence of good faith, in the event of any such report you shall be liable to us for such charge or obligation plus an additional $100 administrative fee. The liability specified in this paragraph will not limit our rights or any other liability you may have for any other reason, including a breach of any other provision of this Agreement.

11. NO REFUNDS. 

A. Due to the nature of this Service, we have a no refunds policy, though we may in our sole discretion and on a case-by-case basis issue a refund. You are responsible for ensuring that your order is correct before purchasing Flame Credits or content from the Service.

B. If at any time we terminate your right to use the Service because of a breach of this Agreement, you shall not be entitled to a refund of any portion of your unused Flame Credits. In all other respects, such fees shall be governed by additional rules, terms, conditions or agreements posted on the Service and/or imposed by any sales agent or payment processing company, as may be amended from time to time. If we, in our discretion, provide you a refund, the refund will only be back to the form of payment with which you made the original purchase.

12. ADVERTISEMENTS. 

A. Third Party Advertisements. 

PVW may display advertisements for the goods and services of third parties or other promotional materials on the Service. Your dealings with, or participation in, promotions of any third-party advertisers on the Service, are solely between you and such third party, and your participation is subject to any terms and conditions associated with that advertisement or promotion. PVW does not endorse or represent such third parties, and by using the Service, you agree that PVW is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or the presence of such third parties on the Service.

B. Third Party Sites. 

The Service may also include links to third party websites or third-party services that are not owned or operated by PVW (collectively, “Third-Party Sites”). PVW does not endorse or represent such third parties and PVW is not responsible for the availability of these Third-Party Sites, or any products, services and/or content contained therein. You agree that we are not responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as a result of your use of or reliance on any Third-Party Sites. Certain functionalities of the Service may also require that you agree to additional terms and conditions of Third-Party Sites. You agree that you are solely responsible for your acceptance of and compliance with such terms and conditions whenever you use or access such Third-Party Sites.

13. CONTENT YOU SUBMIT; LICENSE GRANTS FROM YOU. 

A. User Content. 

This Section governs any material that you post, send or transmit (collectively, “Post”) through the Service, including, by way of example and not limitation, photographs, graphics, images, text, musical works, sound recordings, digital phonorecord deliveries, and any other content, materials or works subject to protection under the laws of the United States or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws (collectively, “User Content”). You are solely responsible for securing the rights to any and all User Content you Post to or through the Service.

B. License Grants to PVW and other Users. 

(1) LICENSE GRANT. 

BY POSTING USER CONTENT TO OR THROUGH THE SERVICE, YOU HEREBY GRANT TO PVW (AND PVW’S ASSIGNEES, DESIGNEES, SUCCESSORS, LICENSEES, AND SUB-LICENSEES) AN UNRESTRICTED, PERPETUAL, ASSIGNABLE, SUBLICENSABLE, REVOCABLE, ROYALTY-FREE, FULLY PAID UP LICENSE THROUGHOUT THE WORLD TO REPRODUCE, MODIFY, DISTRIBUTE, DISPLAY, PUBLISH, TRANSMIT, COMMUNICATE TO THE PUBLIC, MAKE AVAILABLE, BROADCAST, CREATE DERIVATIVE WORKS FROM, PUBLICLY PERFORM (INCLUDING ON A THROUGH-TO-THE AUDIENCE BASIS), DELIVER AND PUBLICLY PERFORM DIGITAL PHONORECORDS, AND OTHERWISE USE AND EXPLOIT (COLLECTIVELY, “USE”) ALL USER CONTENT YOU POST TO OR THROUGH THE SERVICE, THROUGH ANY MEDIA AND FORMATS NOW KNOWN OR HEREAFTER DEVELOPED, IN CONNECTION WITH THE SERVICE, INCLUDING, WITHOUT LIMITATION, (A) IN CONNECTION WITH OR ON ANY THIRD PARTY SITES AND PLATFORMS WHERE THE SERVICE IS SYNDICATED; AND (B) TO ADVERTISE, MARKET AND PROMOTE THE AVAILABILITY OF USER CONTENT AND THE SERVICE. BY WAY OF EXAMPLE ONLY AND WITHOUT LIMITING THE FOREGOING LICENSE, PVW WILL HAVE THE RIGHT TO INSERT, PLACE OR INCLUDE ALL TYPES OF ADVERTISEMENTS WITHIN OR AROUND USER CONTENT, INCLUDING, WITHOUT LIMITATION, RUNNING OR STREAMING PRE-ROLLS, MID-ROLLS, POST-ROLLS, DISPLAY ADS, OVERLAYS, BANNERS, CAMPAIGN AND COMPANION ADS AND ANY OTHER TYPE OF ADVERTISING, WHETHER AUDIO, VISUAL, OR AUDIOVISUAL UNITS IN CONNECTION WITH USER CONTENT. NOTWITHSTANDING THE PRECEDING SENTENCES OF THIS SECTION, IF YOU REMOVE ANY OF YOUR USER CONTENT USING FUNCTIONALITIES AVAILABLE THROUGH THE SERVICE, THEN YOU AGREE TO, AND HEREBY DO GRANT, PVW A PERPETUAL AND IRREVOCABLE LICENSE TO USE ANY BACKUP COPIES OF YOUR USER CONTENT THAT PVW MADE PRIOR TO YOUR REMOVAL OF YOUR USER CONTENT AND IN THE ORDINARY COURSE OF BUSINESS.

(2) License for Name, Image, Voice, and Likeness. 

You further hereby grant PVW a royalty-free license to Use your name, image, voice, trademarks, logos, monikers, and likeness (and that of any person identifiable in any User Content you posted to or through the Service) made available by or on your behalf through the Service in conjunction with your User Content. The foregoing license in the immediately preceding sentence will survive the termination of your account with respect to any of your User Content Posted to the Service prior to such termination.

C. Limited Waiver of Rights. 

You waive any and all rights of privacy, rights of publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any of your User Content Posted to the Service, during the term of this Agreement. You expressly release PVW and all of PVW’s agents, partners, subsidiaries, affiliates, licensees, successors, and assigns from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, right to publicity, or personality or any similar matter, or based upon or relating to the Use of your User Content as authorized in this Agreement.

D. Representations and Warranties 

With Respect to Your User Content. Except for materials provided to you by PVW through the Service, you represent, warrant, and covenant that (1) you either are the sole and exclusive owner of all of your User Content, or you have all rights, licenses, consents, and releases that are necessary to grant to PVW the rights in your User Content as contemplated under this Agreement; and (2) neither your User Content nor your creation of, accessing, posting, submission or transmission of your User Content will (x) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights; (y) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise); or (z) require PVW to obtain any licenses from or make any payments in any amounts to any third party throughout the world.

E. Proof of Rights Clearance. 

PVW may require you to provide sufficient evidence of having all necessary rights, licenses, authorizations, permissions, and clearances for any of your User Content that you Post to the Service, and if you fail to provide such evidence within a reasonable period of time (as determined by PVW in its sole discretion), then PVW may remove some or all of your User Content from the Service and/or terminate your account, without any liability to you. You are solely responsible for keeping copies of such evidence.

F. Monitoring. 

PVW has the right, but not the obligation, to monitor the Service, and User Content, and may remove any User Content and/or delete any User Account from the Service for any reason in its sole discretion at any time, without notice and without any liability to you. You acknowledge that PVW may establish general practices and limits concerning use of the Service without notice to you, including, without limitation, the maximum period of time that User Content will be retained by the Service and the maximum storage space that will be allotted on PVW’s servers on your behalf. You acknowledge and agree that PVW may preserve any Content and may also disclose any Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process, applicable laws or government requests; (2) enforce this Agreement; (3) respond to claims that any content violates the rights of third parties; or (4) protect the rights, property, or personal safety of PVW, its Users and the public. You understand that PVW does not guarantee any confidentiality with respect to User Content and will have no responsibility or liability for User Content that is deleted from the Service.

14. USE RESTRICTIONS. 

Your rights to use the Service and the PVW Content are expressly conditioned on the following:

A. You may access the Service for your personal entertainment purposes only solely as intended through the provided functionality of the Service and as permitted under this Agreement.

B. You may not copy, distribute, re-sell, alter, modify, create derivative works of, sell, license or in any way exploit any part of the Service or any PVW Content.

C. You agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service or PVW Content without PVW’s prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without PVW’s prior express written consent:

1) altering, defacing, mutilating or otherwise bypassing any approved software through which the Service is made available; and

2) using any trademarks, service marks, design marks, logos, photographs or other content belonging to PVW or obtained from the Service.

D. You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine PVW Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage.

E. You agree not to undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Service or PVW Content or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by this Agreement, the authorized features of the Service or PVW Content, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by PVW.

F. You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service or the PVW Content, or any portion thereof, through any other application or website, unless and solely to the extent PVW makes available the means for embedding any part of the Service or the PVW Content.

G. You agree not to access, tamper with, or use non-public areas of the Service, PVW’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of PVW’s providers.

H. You agree not to harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including PVW employees.

I. You agree not to provide any false personal information to PVW.

J. You agree not to create a false identify or impersonate another person or entity in any way.

K. You agree not to create a new account with PVW, without PVW’s express written consent if PVW has previously disabled, suspended or terminated an account of yours for any reason whatsoever.

L. You agree not to solicit, or attempt to solicit, personal information from other Users.

M. You agree not to restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about Users of the Service.

N. You agree not to use the Service, without PVW’s express written consent, for any commercial purpose, including reselling, distributing, or communicating or facilitating any commercial advertisement or solicitation. Verified Account holders may utilize the Service for commercial purposes. 

O. You agree not to gain unauthorized access to the Service, to other Users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service.

P. You agree not to Post, transmit or otherwise make available, including in any of your User Content, any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or PVW Content or communications equipment and computers connected to the Service.

Q. You agree not to Post any User Content that is or could be interpreted to be defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, illegal, unlawful, objectionable, or hateful, or that promotes discrimination, bigotry, racism, or hatred, as determined by PVW in its sole discretion.

R. You agree not to Post any User Content that does or could be claimed to infringe any third-party intellectual property or other rights, including the rights of privacy, publicity and confidentiality.

S. You agree not to interfere with or disrupt the Service, networks or servers connected to the Service or violate the regulations, policies or procedures of such networks or servers.

T. You agree not to violate any applicable laws or regulations (including, without limitation, any traffic laws and rules applicable when you use the Service in a vehicle) or this Agreement through the use of the Service.

U. You agree not to assist or permit any persons in engaging in any of the activities described above.

V. YOU AGREE AND UNDERSTAND THAT ANY AND ALL VIOLATIONS OF PARAGRAPH 13 CAN RESULT IN THE TERMINATION OF YOUR USER ACCOUNT AND MAY BE MET WITH LITIGATION INSTITUTED BY PVW AGAINST YOU.

15. SECURITY. 

You understand that the operation of the Service, including User Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices; and (c) transmission to PVW’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service and Content. PVW will have no liability to you for any unauthorized access or use of your Subscription, or any corruption, deletion, destruction or loss of any of Content.

16. OWNERSHIP. 

The Service, Content, and the media and materials contained therein, including all intellectual property rights therein, is the sole and exclusive property of PVW and its licensors. Except for the limited license expressly granted by and to you under this Agreement, no other rights, licenses, or immunities are granted or will be deemed to be granted under this Agreement, either expressly, or by implication, estoppel or otherwise.

17. FEEDBACK. 

While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from Users. If you choose to contribute by sending PVW or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audiovisual or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to PVW, you agree that:

A. PVW has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;

B. Feedback is provided on a non-confidential basis, and PVW is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and

C. You irrevocably grant PVW and its successors and assigns perpetual and unlimited permission to Use the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified. If you become aware of any security vulnerability in the Service or PVW Content, then please provide us Feedback using the “Chat with Support” feature within the Service or at [email protected].

18. TERMINATION. 

This Agreement is effective until terminated by you or PVW as described in this Section.

A. Automatic Termination. 

Your rights under this Agreement will terminate automatically without notice from PVW if you fail to comply with any term(s) of this Agreement (including by violating any license restriction provided herein).

B. Termination by You. You may terminate your account, this Agreement, and your right to use the Service, at any time and for any reason or no reason, by contacting PVW Customer Support using the “Chat with Support” feature within the Service or at [email protected].

C. Termination by PVW. 

Notwithstanding anything to the contrary in this Agreement, PVW has the right to immediately disable, suspend, or terminate your account at any time for any reason or no reason, with or without notice to you. All of your User Content in your User Account on the Service (if any) may be permanently deleted by PVW at any time and for any reason in PVW’s sole discretion, with or without notice to you. In addition, PVW may notify authorities or take any actions it deems appropriate, without notice to you, if PVW suspects or determines, in its own discretion, that you may have or there is a significant risk that you have: (a) failed to comply with any provision of this Agreement or any policies or rules established by PVW through any of the foregoing; or (b) engaged in actions relating to or in the course of using the Service that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, PVW, the Service, other Users or any other third parties.

D. Effects of Termination. 

After any termination of this Agreement, you understand and acknowledge that (a) PVW will have no further obligation to provide the Service or Content to you; and

(b) all licenses and other rights granted to you in this Agreement will immediately cease. PVW is not liable to you or any third party for termination of the Service or termination of your use of the Service. Upon any termination or suspension, you may no longer access any information that you have Posted to the Service or that is related to your account. Furthermore, PVW will have no obligation to maintain any information stored in our database related to your User Account or to forward any information to you or any third party. You acknowledge and agree that PVW will not be required to delete any of your User Content that may be stored on any servers or other back up media owned or controlled by or on behalf of PVW following the termination of your account.

19. INDEMNITY. 

You agree to indemnify and hold PVW, and its officers, directors, employees, agents, successors, and assigns harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (a) your access, use, or misuse of the Service, or PVW Content; (b) your User Content; or (c) your violation of this Agreement. PVW will use reasonable efforts to notify you of any such claim, action or proceeding for which it seeks an indemnification from you upon becoming aware of it, but if PVW is unable to communicate with you in a timely manner because of an inactive e-mail address for you, your indemnification obligation will continue notwithstanding PVW’s inability to contact you in a timely manner. PVW reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this Section. In such case, you agree to cooperate with any reasonable requests to assist PVW’s defense of such matter. You agree not to settle any matter without the prior express written consent of PVW.

20. NO WARRANTY. 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, AND ANY CONTENT OR MATERIALS AVAILABLE THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT, THIRD PARTY CONTENT AND/OR PVW CONTENT), ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PVW HEREBY DISCLAIMS, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS, ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, AND ANY CONTENT OR MATERIALS AVAILABLE THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT, THIRD PARTY CONTENT AND/OR PVW CONTENT), WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PVW DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR NOT INTERFERE WITH YOUR USE OR ENJOYMENT OF ANY OTHER APPLICATIONS ON THE DEVICE ON WHICH THE SERVICE IS ACCESSED OR INSTALLED, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PVW OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.

21. LIMITATION OF LIABILITY. 

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL PVW OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT OR MATERIALS AVAILABLE THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT, THIRD PARTY CONTENT AND/OR PVW CONTENT), HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PVW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL PVW’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE LESSER OF (A) THE AMOUNT YOU PAID TO PVW IN THE PRECEDING 12 MONTHS; OR (B) ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.

22. THIRD PARTY DISPUTES. 

PVW IS NOT AFFILIATED WITH ANY MOBILE CARRIER, OR OTHER THIRD PARTY SERVICE PROVIDER, AND ANY DISPUTE YOU HAVE WITH ANY SUCH THIRD PARTY SERVICE PROVIDER OR ANY OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE PVW (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, EMPLOYEES, SUCCESSORS, AND ASSIGNS) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

23. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENTS.

A. Respect of Third-Party Rights. 

PVW respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our Users to do the same. Infringing activity will not be tolerated on or through the Service.

B. Repeat Infringer Policy. 

PVW’s intellectual property policy is to (a) remove or disable access to material that PVW believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service; and (b) remove any User Content you uploaded to the Service if you are a “repeat infringer” and terminate your right to use the Service. You are a “repeat infringer” if you are a User that has uploaded User Content or Feedback to or through the Service and for whom PVW has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to your User Content or Feedback. PVW has discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon PVW’s own determination.

C. Procedure for Reporting Claimed Infringement. 

If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your Notification of Claimed Infringement may be shared by PVW with the User alleged to have infringed a right you own or control or the general public, and you hereby consent to PVW making such disclosure. Your communication must include substantially the following:

1) A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;

2) Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;

3) Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PVW to locate the material;

4) Information reasonably sufficient to permit PVW to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

5) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You should consult with your own lawyer and/or see (a) 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement; (b) “fair use” under 17 U.S.C. § 101 et seq.

D. Designated Agent Contact Information.

PVW’s designated agent for receipt of Notifications of Claimed Infringement (the “Designated Agent”) can be contacted at:

Law Offices of Michael W. Fattorosi, P.C.

5850 Canoga Ave, 4th Floor

Woodland Hills CA 91367

Email: [email protected]

Phone: (818) 710-2727

E. False Notifications of Claimed Infringement or Counter Notifications. 

The Copyright Act provides that any person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [PVW] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. 17 U.S.C. § 512(f). PVW reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law. THE FOLLOWING PROVISIONS OF THIS DISPUTE RESOLUTION SECTION DO NOT APPLY TO ANY CLAIM IN WHICH EITHER PARTY SEEKS RELIEF TO PROTECT SUCH PARTY’S COPYRIGHTS, TRADEMARKS, AND OR PATENTS OR OTHER RIGHTS OF AN INTELLECTUAL PROPERTY NATURE.

24. DISPUTE RESOLUTION. 

A. Mandatory Arbitration. Please read this carefully. It affects your rights. 

YOU AND PVW AND EACH OF OUR RESPECTIVE CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, PERMITTED ASSIGNS, AND ANY OTHER PARTIES ON WHOSE BEHALF YOU ARE ACCESSING THE SERVICE AGREE TO ARBITRATION, AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.

1) Commencing Arbitration. 

A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, if you do not provide a mailing address to PVW, to you via any other method available to PVW, including via e-mail. The Notice to PVW should be addressed to PVW. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (the “Demand”). If you and PVW do not reach an agreement to resolve the claim within 90 days after the Notice is received, then you or PVW may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org. If you are required to pay a filing fee to commence an arbitration against PVW, then PVW will promptly reimburse you for your confirmed payment of the filing fee upon PVW’s receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $100.00 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.

2) Arbitration Proceeding. 

The arbitration will be conducted in the English language. A single independent and impartial arbitrator will be appointed pursuant to the Rules, as modified herein. You and PVW agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (b) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

3) No Class Actions. 

YOU AND PVW AGREE THAT YOU AND PVW MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THIS ONLY THIS SECTION A3 OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.

4) Decision of the Arbitrator. 

Barring extraordinary circumstances, the arbitrator will issue his or her decision within 180 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of Arizona in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United StatesFederal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this Agreement.

B. Equitable Relief. 

The foregoing provisions of this Dispute Resolution section do not apply to any claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, or patents. You acknowledge that, in the event of a breach of the Agreement by PVW or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against PVW, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in the Agreement.

C. Claims. 

You and PVW agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to this Agreement or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

D. Improperly Filed Claims. 

All claims you bring against PVW must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section will be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, PVW may recover attorneys’ fees and costs up to $100,000, provided that PVW has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

E. Modifications. 

In the event that PVW makes any future change to the Mandatory Arbitration provision (other than a change to PVW’s Arbitration Notice Address), you may reject any such change by sending us written notice within thirty (30) days of the change to PVW’s Arbitration Notice Address, in which case your account with PVW and your license to use the Service will terminate immediately, and this Dispute Resolution provision, as in effect immediately prior to the amendments you reject, will survive the termination of the Agreement.

F. Enforceability. 

If the entirety of this Section 20 is found to be unenforceable, then the entirety of this Section 20 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 21 will govern any action arising out of or related to this Agreement.

25. ARBITRATION WAIVER. 

Both parties hereby agree to waive all provisions for mediation and arbitration in regard to the issues of claims for the infringement of intellectual property. Any such claims or counter- claims shall be resolved by a court of competent jurisdiction in Los Angele County, California as outlined below. THIS PARAGRAPH SHALL SUPERSEDE AND REPLACE THE ARBTRATION PROVISION NOTED IN THIS AGREEMENT AS IT APPLIES TO CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT AND UNFAIR BUSINESS PRACTICES.

26. GOVERNING LAW. 

The laws of the State of California, excluding its conflicts of law rules, govern your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, and you hereby irrevocably submit to personal jurisdiction in such courts and waive any defense of inconvenient forum. Any lawsuit filed in federal court shall be brought in the United States District Court for the Central District of California. PLEASE NOTE THAT BY AGREEING TO THIS AGREEMENT, YOU ARE WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN.

27. RECOVERY OF EXPENSES. 

In any proceedings between the parties arising out of or relating to claims of intellectual property infringement, 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 section, “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.

28. JURY TRIAL WAIVER. 

Each party hereby waives its right to a trial by jury in any claims arising out of or relating to the subject matter of this agreement. Either party may enforce this waiver up to and including the first day of trial.

29. ASSIGNMENT. 

You may not assign this Agreement or any of the rights or licenses granted hereunder, directly, or indirectly, without the prior written consent of PVW. This means that in the event you dispose of any device on which you have installed the Service, such as by sale or gift, you are responsible for deleting the Service from your mobile device prior to such disposition. PVW may assign this Agreement, including all its rights hereunder, without restriction. Any assignment in violation of this Section is void.

30. CONSENT TO ELECTRONIC COMMUNICATIONS. 

By electronically signing this agreement, you affirmatively consent to receiving communications from us including but not limited to the service of all legal documents and court documents, through the email address provided to PVW. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing, including the need to serve you personally with any summons and complaint for a lawsuit that may be filed in regard to your breach of Paragraph 10. BY SIGNING THIS AGREEMENT, YOU ARE HEREBY WAIVING ANY LEGAL RIGHT THAT YOU MAY HAVE TO CLAIM THAT PERSONAL SERVICE WAS INEFFECTIVE.

31. MISCELLANEOUS. 

The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. This Agreement, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and PVW regarding your use of and access to the Service, and, except as expressly permitted above, may be amended only by a written agreement signed by you and an authorized representative of PVW. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of particular provisions. In the event that any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and PVW as a result of this Agreement or use of the Service. You acknowledge and agree that PVW and PVW's subsidiaries, and that PVW will have the right to enforce this Agreement against you as a third-party beneficiary thereof. The English language version of this Agreement is the version that governs your use of the Service and in the event of any conflict between the English language version and a translated version, the English language version will control. You expressly agree that this Agreement and all ancillary documents be drafted solely in English.

32. CONTACTING PVW. 

If you have any comments, complaints, suggestions about this Agreement or the Service or otherwise would like to contact us, then you can contact PVW by contacting PVW Customer Support using the “Chat with Support” feature within the Service or at [email protected].

Your access to this Website and access to and use of the Service is governed by and conditioned on your express consent to this Agreement. You have thoroughly reviewed this Agreement to your satisfaction. By clicking on the “Complete sign up >>” button, you agree to be bound by this Agreement, just as if you had signed it in pen and ink.