Terms of serviceLast Updated: April 27, 2016
The Website offers sexually explicit images and videos and provides uploading and sharing features.
The Services are intended for personal use and are not to be utilized or employed for commercial purposes, apart from those expressly approved by us. Any illegal and/or unauthorized use of the Services is severely prohibited, including the collection of e-mail addresses for solicitation and/or framing or linking to the Website.
User access is subject to the following terms and conditions:
a. Age and Authority
b. Registration and Account
Special services are made available to Users who create an account via the provision of particular information, including but not limited to your contact and payment information (the “Registration Data”). In establishing an account, you agree to the following: · To provide accurate and complete Registration Data, including updates for the sake of currency; · To immediately notify us in the event you suspect unauthorized use of your account; and · To refrain from sharing the Registration Data (as you maintain responsibility for the account’s activity); and · To refrain from using another user’s account and from transferring your account and/or Registration Data to another user.
To the extent possible by law, we are not responsible for losses or damages suffered as a result of your failure to comply with the conditions set out above.
You remain responsible for any all fees and applicable taxes in connection with the Services, including the fees associated with viewing the Content selected. Upon use of the Services, you agree to immediately submit payment for same as listed on the Website, wherein receipt of such payment shall be delivered no later than the date on which the Services were rendered. It remains in our sole discretion to change the requisite fees at any time. Unless otherwise stated, all payments are non-refundable. All payments are in USD and exclusive of tax. We are not responsible for any loss arising from currency exchanges and/or exchange settlements as may be required by your jurisdiction.
Each registered user’s account shall refer to a payment method and the details thereof. Upon the provision of any method of payment, including but not limited to credit card and PayPal, you represent and warrant your authorization to charge your means of payment on a regular basis to pay our fees when they become due. In the event your payment fails or the balance of your account is past due, we may pursue the outstanding balance via alternative means, including charging other payment methods on file with us and retaining collection agencies and/or legal counsel. Your continued access to the Services may also be blocked in the interim.
d. Accessing Services
You are fully responsible for arranging access to the Website, including payment of your mobile telephone carrier’s applicable rates and fees, such broadband fees.
You represent and warrant that your use of and access to the Services, at any given time, is in compliance with applicable rules, regulations and laws, including but not limited to law relating to privacy, hate propaganda, import/export prohibitions and intellectual property.
II. Infringement Take-Down Policy accessible at https://www.vrbonk.com/info/dmca; and
III. 18 USC 2257 Statement accessible at https://www.vrbonk.com/info/statement.
1. Acceptable-Use Policy
The Services shall not be used in any of the following manners:
a. To access any page or source of the Website, mobile application or servers without authorization;
b. In violation of any local, state, national or intentional law, including but not limited to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, pornography (including counselling another person to do so);
c. To post, publish, upload, disclose, transmit, share or otherwise make available content that is false, inaccurate or misleading;
d. To post, publish, upload, disclose, transmit, share or otherwise make available content that portrays any person under 18 years old (or older if 18 years old is not age of majority in the location where the content was uploaded) or if you do not possess the necessary documentation to substantiate that all models are 18 years of age (or older as provided above);
e. To post, publish, upload, disclose, transmit, share or otherwise make available content illustrative of child pornography, rape, snuff, torture, death, violence, incest, racial slurs or hate speech (either verbally or in writing);
f. To post, publish, upload, disclose, transmit, share or otherwise make available content that is obscene, illegal, defamatory, libelous, harassing, hateful, racially or ethnically offensive or promotes behaviour considered to be a criminal offence, giving rise to civil liability or is otherwise inappropriate;
g. To recruit, solicit or contact any user without our written consent (i.e. you assume any risk associated with meeting or contacting Users);
h. To post, publish, upload, disclose, transmit, share or otherwise make available content that refers to sweepstakes, contests or lotteries or is otherwise related to gambling;
i. To libel or defame any person or infringe the copyright, trade mark, patent, trade secret, right of privacy, rights of publicity, moral right or any other legal right of any person;
j. To impersonate anyone or gain unauthorized access to another user’s account;
k. To introduce any computer code or engage in any conduct that may interfere with and/or disrupt the Services as provided via the Website, servers or computer networks;
l. To remove, delete, alter, circumvent, avoid or by-pass any digital rights management technology that requires licenses or royalties from a third party;
m. To collect or store personal data about Users;
n. To scrape, spider, use a robot or other automated means to access the Services;
o. To exploit any errors in design, undocumented features and/or bugs to gain unauthorized access;
p. To introduce or upload any viruses, Trojan horses, worms, logic bombs, time bombs, cancel bots, corrupted files or similar software, program or material which is malicious or technologically harmful and/or that that may compromise the operation of the Website, the Services or another person’s property; and
2. Health and Safety
In the event you are using a virtual reality headset to access the Website and the Services, you hereby represent and warrant that you have reviewed the operating and safety manuals of the said headset and thereby assume any risk arising therefrom. Furthermore, you acknowledge that virtual reality headsets are more likely to cause health and safety problems when precaution is not taken, including dizziness, seizures, eye or muscle twitching and black-outs (despite lack of any prior symptoms and/or conditions). Anyone with a history of seizures, loss of awareness or other epileptic condition is strongly advised to consult a doctor before using a virtual reality headset.
You acknowledge and agree that we have the exclusive right to do the following:
a. Remove or refuse to post, publish, upload, disclose, share or otherwise make available Your Content for any or no reason;
c. Disclose Registration Data or other information about you to any third party who claims that the Content you posted or published violates their rights, including intellectual property rights and the right to privacy;
d. Take appropriate legal action with respect to unlawful or unauthorized use of the Website; and
e. Terminate or suspend your access to all or part of the Website for any or no reason,
Without limiting the generality of the foregoing, we maintain the right to co-operate with any law enforcement agency or court order requesting or directing disclosure of the identity of or information regarding Users, including anyone posting, publishing, uploading, disclosing, transmitting or sharing the Content.
YOU HEREBY ACKNOWLEDGE AND AGREE TO FOREVER INDEMNIFY AND HOLD US, INCLUDING OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, THIRD PARTY PROVIDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS AND/OR SUPPLIERS, HARMLESS AGAINST ANY CLAIMS, ACTIONS, INVESTIGATIONS, LOSSES, ETC. ARISING FROM ANY PROCEEDING COMMENCED BY A USER, THIRD PARTY, GOVERNMENT AGENCY OR US.
To maintain the proper, efficient and lawful functioning of the Services, we may review, monitor, display, reject, store, maintain, accept or remove Your Content, notwithstanding that we do not recognize any obligation on our part to review Content prior to it being made available on or through the Website. It remains within our sole discretion to delete, move, re-format, remove or refuse to post, publish, upload, disclose, transmit, share or otherwise make available Your Content, without notice and without liability owing from us to you in connection with same.
Please be advised that despite our efforts outlined above, we cannot guarantee the immediate removal of lawfully or morally objectionable content once it was been uploaded to the Website. Accordingly, we assume no liability for any act or omission with respect to User Content and/or anything submitted by third parties.
1. Third Parties
The Website may contain links to third party websites which are not owned or controlled by us. We are unable censor or edit any third party content (including content that may be connected to the Website). Consequently, we assume no responsibility for the content, privacy policies, practices or goods or services offered through any third party website and you relieve us from any and all liability arising therefrom. We do, however, urge you to read the terms, conditions and policies of third party websites and service providers.
When accessing the Website, you acknowledge and agree to the exposure of a diverse range of
content from third parties wherein we cannot and will not be responsible for the accuracy or
legality thereof. You furthermore acknowledge that the said content may be inaccurate,
offensive, indecent or objectionable and, as such, you agree to waive any legal or equitable
rights or remedies against us regarding same.
We do not endorse, express or implied, any of the products or services provided by third parties in connection with the Services, unless expressly stated by us on the Website. Moreover, we do not endorse and are neither affiliated nor partnered with any manufacturer, supplier and/or retailer of virtual reality headsets, including but not limited to the Samsung Gear VR™, Oculus Rift™, HTC Vive™ and Playstation VR™.
Content, as referred to above, remains the proprietary property of the creator, including any
affiliate thereof, and is protected under intellectual property law. The inclusion of images or
text containing the trademarks or service marks or the name or likeness of any person does not
constitute an endorsement thereof.
1. Company Content
Apart from Your Content, you hereby understand and agree that you have no right, title or interest in or to the Company Content, User Content or any Content available to you while using or accessing the Services. Accordingly, you are prohibited from reproducing, redistributing, transmitting, assigning, selling, broadcasting, renting, sharing, lending, modifying, adapting, editing, creating derivative works from, licensing, or otherwise transferring or using the Content unless you are provided with our express authorization.
As User Content and Company Content is licensed to you for a period of time (and not sold to you), any unauthorized use or access will effectually terminate the licenses.
In the event the Website enables you to download or copy User Content and Company Content, you are not purchasing or being gifted copies thereof but are, in fact, licensing a limited, revocable, non sub-licensable and non-exclusive right to possess and use the copies for non-commercial use, subject to specific terms and conditions (the “Download License”).
Under this Download License, you are prohibited from reproducing, distributing, communicating to
the public, making available, adapting, publicly performing and/or publicly displaying User
Content and Company Content or any adaptation thereof unless expressly permitted herein. Such
actions would constitute copyright infringement. Upon expiration of the Download License or the
and Company Content within your possession.
2. Your Content
While we do not claim ownership of Your Content, you hereby grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, assignable, non-exclusive and fully sub-licensable right (including any moral right) and license to use, exploit, license, sub-license, distribute, reproduce, modify, adapt, publicly perform and publicly display Your Content, in whole or in part, for the operation and provision of the Services, including but not limited to the promotion and redistribution of part or all of the Website and any derivative works therefrom in any formats and/or channels of media.
You represent and warrant that the holder of any worldwide intellectual property right (including moral right) to Your Content has fully and finally waived all such rights and reasonably and irrevocably given you the right to grant the licenses, rights, consents and/or permissions.
Apart from anything contained herein to the contrary, by submitting Your Content to any forums,
comments or any other public arena on the Website, you hereby agree to allow us to identify you
by your username as the provider of Your Content in any publication, forum, media or technology
now known or subsequently developed in relation to Your Content.
3. User Content
While we respect intellectual property rights, we do not control or screen User Content and so
your use and reliance thereon is at your own risk. By using the Services, you understand that
you may be exposed to User Content that is unreliable, inaccurate, unsafe, offensive, indecent
and objectionable. No display or provision of User Content is intended to constitute an
endorsement thereof or representation that it is free of violation of any copyright, privacy or
other law or will suit a particular purpose or be safe, accurate or useful.
In the event you believe that Content is in violation of any laws, please report same to us immediately in accordance with our Infringement Take-Down Policy.
We welcome your ideas, comments, suggestions and feedback. Please be advised that in the event you submit such information to us, you grant us the right to use same without any restriction or compensation owing to you and, further, by accepting such information, we do not waive any right to use similar or related information previously known to us, developed by us or attained by us from another source.
While we work to protect the security of your information, we are unable to provide assurance that unauthorized third parties will not defeat our security measures, platforms and firewalls. In the event of any unauthorized use of your account, please notify us immediately.
THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE, INCLUDING OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, THIRD PARTY PROVIDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS AND/OR SUPPLIERS, EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.
WE, INCLUDING OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, THIRD PARTY PROVIDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS AND/OR SUPPLIERS, DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND ARISING FROM OR BY WAY OF YOUR USE OF AND ACCESS TO THE WEBSITE AND SERVICES INCLUDING THE FOLLOWING:
A. ANY ERRORS OR OMISSIONS IN CONTENT OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF AND ACCESS TO THE CONTENT;
B. ANY THIRD PARTY WEBSITES, APPLICATIONS, SOFTWARE AND/OR CONTENT, DIRECTLY OR INDIRECTLY, ACCESSED THROUGH LINKS ON THE WEBSITE (INCLUDING ANY ERRORS IN OR OMISSIONS ARISING THEREFROM);
C. ANY MODIFICATION, UNAVAILABILITY, DELAY OR CANCELLATION OF PART OR ALL OF THE SERVICES, WITH OR WITHOUT NOTICE TO YOU, FOR ANY OR NO REASON;
D. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL AND FINANCIAL INFORMATION CONTAINED THEREIN;
E. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF AND ACCESS TO THE SERVICES, INCLUDING BUT NOT LIMITED TO SEIZURES AND OTHER PERSONAL INJURIES ARISING FROM VIRTUAL REALITY HEADSETS; AND
F. PROBLEMS OR MALFUNCTIONING OF ANY COMPUTER OR MOBILE NETWORKS, ONLINE COMPUTER SYSTEMS, SERVERS, INTERNET ACCESS PROVIDERS, HARDWARE, SOFTWARE OR ANY COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO YOUR, OR ANY OTHER PERSON’S, COMPUTER ARISING FROM USE OF AND ACCESS TO THE WEBSITE, WHETHER OR NOT CAUSED BY US.
ALL WARRANTIES, TERMS AND CONDITIONS, EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE FULLEST EXTENT ALLOWED UNDER THE LAW. ANY RELIANCE ON OR USE BY YOU OF THE CONTENT IS AT YOUR OWN RISK.
THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THE WEBSITE OR ON THE INTERNET GENERALLY, ARE CONFIDENTIAL AND/OR SECURE. ANY USE OF AND ACCESS TO THE WEBSITE AND SERVICES IS AT YOUR OWN RISK.
1. DISCLAIMER OF DAMAGES
TO THE FULLEST EXTENT ALLOWED UNDER THE LAW, IN NO EVENT WILL WE, INCLUDING OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, THIRD PARTY PROVIDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS AND/OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND ARISING FROM YOUR USE OF AND ACCESS TO THE WEBSITE AND SERVICES.
WE, INCLUDING OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, THIRD PARTY PROVIDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS AND/OR SUPPLIERS, WILL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO LEGAL FEES AND/OR COURT COSTS, DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE AND SERVICES, REGARDLESS OF WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE OF LOSS; OTHERWISE ANY SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
THIS SECTION DOES NOT EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUD COMMITTED BY US OR FROM ANY OTHER
SUCH LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.
2. LIMIT ON LIABILITY
IN NO CIRCUMSTANCES WILL WE, INCLUDING OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, THIRD PARTY
PROVIDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS,
ASSIGNS AND/OR SUPPLIERS, BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY US AS A RESULT
OF YOUR USE OF THE SERVICES IN THE SIX (6) MONTHS PRECEDING YOUR CLAIM. IF YOU HAVE NOT PAID ANY
AMOUNT IN THE SIX (6) MONTHS PRECEDING YOUR CLAIM, OUR LIABILITY SHALL BE LIMITED TO $25.00 USD.
3. THIRD PARTIES
YOU AGREE THAT WE ARE NOT LIABLE, AND YOU WILL NOT TO SEEK TO HOLD US LIABLE, FOR THE CONDUCT OF
THIRD PARTIES, INCLUDING BUT NOT LIMITED TO OPERATORS OF EXTERNAL WEBSITES AND ANY RISK OF
INJURY FROM SUCH THIRD PARTIES IS BORNE ENTIRELY BY YOU. FURTHERMORE, YOU AGREE THAT YOU ARE
FULLY RESPONSIBLE FOR ANY AND ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH USERS.
4. BASIS OF THE BARGAIN
THE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY SECTIONS OUTLINED HEREIN CONTAIN FUNDAMENTAL TERMS UPON WHICH WE BASE THE PROVISION OF SERVICES TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
You hereby indemnify, defend and hold us, including our affiliates, licensors, service providers, third party providers, partners, officers, directors, employees, representatives, agents, successors, assigns and/or suppliers, harmless from and against all reasonably foreseeable losses, expenses, damages, costs, liabilities claims and demands, including reasonable legal fees, relating to or arising from the following:
a. Your Content;
c. Use of and access to the Services, including via a virtual reality headset;
e. Violation of any rights of another party; and
f. Violation of any applicable law.
We reserve the right, at our expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you under this section, and in such case, you agree to reasonably co-operate as required with such defence and in asserting any available defences.
Words importing the singular include the plural and vice versa; words importing one gender include all gender; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.
Our Infringement Take-Down Policy is accessible at https://www.vrbonk.com/info/dmca.
Our 18 USC 2257 Statement is accessible at https://www.vrbonk.com/info/statement.
Last updated: June 1, 2017