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The person accessing this website (hereinafter “You” or “you”) understands and agrees to each of the following Terms and Conditions. Improve Your Game, LLC (“Improve Your Game”) d/b/a Vstrator™ only grants permission to use its website to individuals who agree to be bound by the Terms and Conditions set forth below. If you do not agree to these terms, then you are not authorized to use the Improve Your Game/Vstrator website (hereinafter “Vstrator”)*, and your use of Vstrator is in violation of applicable law. Failure to abide by these Terms and Conditions may result in termination of your privilege to access Vstrator. Acceptance of these Terms and Conditions creates a legally binding agreement between you and Improve Your Game, and its intended third-party beneficiaries, and imposes certain legally binding duties and obligations on you.
If you have any questions about these Terms and Conditions, you should contact Improve Your Game or consult with an attorney of your own choosing before agreeing to these terms. Your decision to proceed with using Improve Your Game™ products and services indicates that you fully understand and that you accept all of the terms set forth below:
1. Transfer to Improve Your Game™ of All Ownership Rights in Content You Submit: To the maximum extent permitted by law, all rights in and to any and all content in any format (including but not limited to photographs, video-recordings, text, productions, drawings, performances, or likenesses of yourself or others) that you submit to Improve Your Game shall, upon submission, become the exclusive property of Improve Your Game. Your act of clicking to accept the Vstrator terms and conditions shall be deemed your electronic signature for such transfer of ownership. To the extent applicable law may limit the full transfer of ownership in such content pursuant to the foregoing, you hereby grant Improve Your Game an unrestricted, worldwide, perpetual license to use, copy, distribute, reproduce, retransmit, and/or create derivatives of any and all content you submit through this website, in any way deemed appropriate by Improve Your Game in its sole discretion, and in any medium or media now known or later developed, without any obligation to pay any remuneration or provide any attribution. Such license shall be freely transferable and freely sub-licensable by Improve Your Game in its sole discretion. You understand that Improve Your Game may sell or license to others any content you submit, that that may result in modification, distribution, or use of such content by others, and that no one will have any obligation to pay you anything, to alert you, or to seek your permission in connection with any such sale, licensing, or use.
2. Representation of Non-infringement: You represent and warrant that you have the unrestricted right to grant the rights set forth in the preceding paragraph (Section 1) as to all content that you submit to Improve Your Game. You specifically represent, warrant, and agree that you have not submitted and will not submit to Improve Your Game any recognizable likeness or image of any person or of any trademark, logo, brand, or other content that is not either (a) owned exclusively by you or an entity under your legal control, or (b) subject to an express, written agreement providing you with sufficient rights to comply with the previous section of these Terms and Conditions agreement entitled “Transfer to Improve Your Game™ of All Ownership Rights in Content You Submit.”
4. Changes to Terms and Conditions: From time to time these Terms and Conditions may be amended. Improve Your Game will post revisions accessible through Vstrator. We suggest that you read the Terms and Conditions regularly.
5. Prohibited Content: The following content is prohibited from being submitted through the Improve Your Game website: images of violence or sexual content; images of minors (other than images submitted by or with the express permission of the minor’s legal parent or guardian); abusive, indecent, defamatory, or obscene content; fraudulent or criminal activity of any kind; software viruses, spam, or malware; and content which infringes upon the rights of any other persons, including intellectual property, trademark, copyright, trade secret, privacy, or related rights. Submission of such content may result in your privilege to access Improve Your Game goods and/or services being terminated, and the loss of credit for any amounts paid to Improve Your Game.
7. DISCLAIMER OF WARRANTY: Improve Your Game MAKES NO WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING VSTRATOR OR THE PROVISION OR DELIVERY OF ANY GOOD OR SERVICE THROUGH VSTRATOR. Improve Your Game HEREBY EXPRESSLY DISCLAIMS ANY AND ALL SUCH WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
8. LIMITATION OF LIABILITY: YOU HEREBY AGREE THAT UNDER NO CIRCUMSTANCES WHATSOEVER WILL YOU EVER ATTEMPT TO HOLD Improve Your Game, ITS OFFICERS, DIRECTORS, AGENTS, OWNERS, EMPLOYEES, OR AFFILIATES RESPONSIBLE FOR ANY LOSS OF DATA, LOST PROFITS, OR LOSS OF USE RELATED IN ANY WAY TO YOUR USE OF VSTRATOR. YOU FURTHER AGREE THAT THE MAXIMUM LIABILITY OF Improve Your Game, ITS OFFICERS, DIRECTORS, AGENTS, OWNERS, EMPLOYEES, OR AFFILIATES TO YOU OR TO ANYONE CLAIMING ANY RIGHTS BY OR THROUGH YOU, OR PURPORTING TO ACT ON YOUR BEHALF, WILL BE THE AMOUNTS ACTUALLY PAID BY YOU TO Improve Your Game. YOU FURTHER AGREE THAT Improve Your Game, ITS OFFICERS, DIRECTORS, AGENTS, OWNERS, EMPLOYEES, OR AFFILIATES SHALL NEVER BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON RELATED IN ANY WAY TO YOUR USE OR ATTEMPTED USE OF VSTRATOR.
9. GOVERNING LAW; FORUM FOR ANY DISPUTES: You hereby agree that these Terms and Conditions shall be governed exclusively by the laws of the State of North Carolina, regardless of any generally applicable choice of law provision that might lead to application of different law. You hereby agree that any and all disputes arising out of, relating to, or otherwise having anything to do with these Terms and Conditions may only be brought in state or federal courts sitting in Raleigh, North Carolina, USA.
10. These Terms and Conditions are the copyrighted property of Improve Your Game, LLC. You are not authorized to make any use of these Terms and Conditions except as expressly permitted hereinabove.