JohnTronX Terms of Use

Dated: May 14, 2025

Introduction.
1. You, Us, and this Document. This document relates to the use of the JohnTronX platform, application, products, and services, and affiliated platforms, applications, products and services, that we make available (collectively, the “Service”). The Service may allow you to discover, watch, upload, share, and discuss content. The Service is provided to you by us, Bedida Ltd., a Republic of Cyprus company (“we,” “us,” or “our”). Your use of the Service is subject to this document, and other documents, guidelines, or rules that we may implement and update from time to time (collectively, these “Terms”).
2. Accepting This Document. Please read these Terms carefully and make sure you understand them. If you do not understand these Terms, or if you do not wish to accept these Terms, or any part of them, then you may not use the Service.
3. Preliminary Notice About Dispute Resolution. NOTICE REGARDING DISPUTE RESOLUTION: These Terms contain provisions about how claims between you and us are resolved, including an agreement and obligation to arbitrate disputes, which, with limited exceptions, requires you to submit claims you may have against us to binding arbitration. This means that, subject to the arbitration clauses below, you will only be permitted to pursue any claims against us on an individual basis, and not as part of any class or representative action or proceeding, and you will only be permitted to seek relief on an individual basis.
4. Your Information. Our Privacy Statement explains how we treat your personal data. You should make sure to read and fully understand the Privacy Statement before using the Service. We may change the Privacy Statement (and our use of your personal data) from time to time at our discretion. We may use anonymized and aggregated data to improve our machine learning models and Service offerings. You are responsible for safeguarding your personal data and using strong security practices when using the Service. Upon account deletion, we retain personal data only as necessary for legal, regulatory, or legitimate business purposes, after which, subject to the Privacy Policy, it will be securely deleted.
Who Can Use the Service?
1. Age Requirement. You must be an individual that is at least 18 years old to use the Service, or, if the age of majority in your jurisdiction is greater than 18, then the age of majority in your jurisdiction. If you are not an individual at least 18 years old (or the age of majority in your jurisdiction if it is greater than 18), you must immediately cease using the Service and leave the Service. As a condition of using the Service, you may be required to consent to and participate in any reasonable age verification process we may implement, or any age verification process required under applicable law. As part of any such age verification process, you represent and warrant that all information and data that you provide is true and correct.
Accounts and Authorization.
1. Accounts. You may need to create an account on the Service (an “Account”) to use the Service to its fullest extent. All information you provide to us when creating an Account must be accurate, and you must update it when that information changes. You cannot use another person’s Account. You agree to (a) provide complete and accurate information upon registration, (b) be responsible for maintaining the security of your Account, log-in information, and password(s), including all user information, (c) be responsible for any activities occurring on your Account, (d) take all reasonably necessary steps to protect your Account password from loss, theft, or unauthorized disclosure, and (e) not allow any other person to access or use your Account. You must let us know immediately if you learn of any breach of the security of your Account. We may, at our discretion, block or terminate any account we reasonably believe is being accessed by unauthorized individuals. No refunds or credits will be due should we take these actions.
2. Authorization. Your permission to use the Service is subject to our discretion, as well as these Terms, and we can terminate your permission to use the Service with or without cause at any time and for any or no reason. You may not use, or attempt to use, the Service after we have terminated your permission, though the provisions of these Terms will continue to otherwise be in effect. For the avoidance of doubt, if we block, suspend, or terminate your Account, or any account used by you, your permission to use the Service has been revoked. You must not attempt to create or access any additional Accounts. Should you nonetheless do so, we reserve the right to immediately terminate or suspend these additional Accounts. Any payments made on such Accounts will be deemed forfeited, and you will not be entitled to a refund.
3. Accessibility. Without limitation of other relevant provisions in these Terms, you acknowledge, understand, and agree that we may choose or be required to make the Service unavailable to you if you are accessing the Service from a jurisdiction where it is unlawful or impracticable for us to provide the Service, as determined at our sole discretion.
Use of and Content on the Service.
1. Content. The Service contains a wide range of content, including virtual reality content, videos, audio, graphics, photos, text, brands, software, and other materials, which may be provided by you, us, or third-parties (collectively, “Content”). Content is the responsibility of the person who submits the Content to the Service, and we are under no responsibility to any person to host or distribute any Content. We have the right to, with or without cause at any time, refuse to accept, remove, or disable access to any Content for any or no reason at our sole discretion, with or without notice to any person.
2. Personal Use Only. You can only view, listen to, and experience Content for your own personal and non-commercial use and otherwise in accordance with these Terms. Using the Service does not give you ownership over, or any rights to, any Content on the Service or available through the Service.
3. Further Limitations on Use. Your use of the Service and any Content on the Service is subject to the following restrictions:
  1. You may not access, copy, modify, publish, transmit, distribute, display, reproduce, transfer, sell, make derivative works of, broadcast, license, or otherwise use any part of the Service or any Content except as is explicitly permitted in these Terms.
  2. You may not use the Service in any way that is a violation of any applicable laws, in any way that may make us liable in any way, or in any way that would cause harm to any other person.
  3. You may not circumvent, disable, interfere with, or fraudulently use the Service (or attempt to do any of these things), including circumventing, disabling, or interfering with any security features of the Service or technical limitations of the Service that may, among other things, prevent or restrict copying or other use of Content or limit the use of the Service. In general, you may not use any automated means to download, monitor, or use Content or the Service.
  4. You may not collect any information from the Service that may be used to identify any person, nor may you use the Service to stalk or harass anyone.
  5. You may not use the Service in connection with any viruses or other content that interrupts, destroys, limits, or monitors any systems.
  6. You may not reverse engineer, decompile, disassemble, or copy the Service, or derive source code, object code, or trade secrets from the Service, or create any derivative works of the Service;
  7. You may not use the Service for any unsolicited promotional or commercial content, or to engage in any form of mass solicitation, whether wanted or unwanted.
  8. You may not engage in any activities that may cause inaccurate or ungenuine metrics of user engagement, including but not limited to paying people to interact with or manipulate the Service.
  9. You may not misuse any reporting, flagging, complaint, dispute, or other features or processes of or relating to the Service.
  10. You may not run any contests on or through the Service.
  11. You may use Content (other than Your Content) for personal use only and you may not share such Content with any other person or entity. Without limitation, this means that you may not make copies for non-personal use, place any Content that is not Your Content on file sharing services, broadcast Content, distribute Content, or make any commercial use of Content. You acknowledge and understand that none of the foregoing constitutes “fair use.” We consider sharing or distributing any Content to constitute copyright infringement and we and our licensees reserve the right to take all legal action against you for copyright infringement.
  12. You may not use the Service to promote, facilitate, or engage in any form of human trafficking or prostitution. You may not use the Service to solicit anyone to engage in any form of sexual act.
  13. You may not use the Service in connection with any sort of role-play where anyone acts as if they are under 18 years of age.
  14. You may not use the Service in any way that creates an unreasonable load on our system, as determined in our discretion.
4. Your Content. Any content that you upload, submit, stream, or otherwise make available (collectively, “upload”) on or through the Service, including any communications you may send through the Service, and including your profile and Account information is referred to herein as “Your Content.” You are entirely responsible for Your Content and you will be solely responsible for all the consequences of uploading Your Content. We may use both manual and automated systems that review and analyze Your Content to ensure that it complies with these Terms and applicable laws and regulations.
5. Requirements for Your Content. In addition to the general limitation on use detailed above, you must comply with all of the following in connection with all of Your Content:
  1. You must own or have the necessary licenses, permissions, rights, and consents to use Your Content and to upload Your Content to the Service. Without limiting the foregoing, you must have explicit consent from each person who is identifiable in Your Content to appear in Your Content.
  2. You may not upload any content that depicts any individual under 18 years of age. You may not upload any content that depicts any individual for whom you have not inspected documentation to confirm that they are at least 18 years of age and for whom you are not maintaining written documentation to confirm that all individuals in Your Content are, in fact, at least 18 years of age. You acknowledge that we voluntarily comply with age foreign verification laws (even though we are not subject to the laws of the foreign jurisdictions) and other regulations and procedures (for instance, credit card company and payment processing rules and procedures), and that you must comply with all the same with regards to Your Content.
  3. You may not upload any content that violates the rights of any other person, whether it be their copyrights, trademark rights, trade secret rights, privacy rights, publicity rights, or any other rights.
  4. You may not upload any content that is obscene, vulgar, illegal, unlawful, defamatory, fraudulent, harassing, abusive, threatening, hateful, inflammatory, or otherwise deemed inappropriate at our discretion.
  5. You may not upload any content that promotes or depicts illegal activities, promotes or depicts terrorism, promotes or depicts physical harm or injury, or promotes or depicts cruelty to animals.
  6. You must comply with any other rules or provisions as we may set forth in our upload rules, community guidelines, or other limitations posted on the Service, as we may create and update from time to time.
6. License to Us. You retain your rights in Your Content. However, in order for us to make use of Your Content on the Service, we require that you give us certain rights. Accordingly, by uploading Your Content to the Service, you are granting us a universe-wide, non-exclusive, royalty-free, sub-licensable, transferable license to use Your Content (including the rights to reproduce, distribute, create derivative works, display, and perform) in connection with the Service and our business and the business of our affiliates, including for the purposes of promoting the Service. Without limiting the breadth of the license, you acknowledge and understand that we may modify Your Content for the purposes of conforming it to the standards of the Service (including subjecting it to, for instance, watermarks, interpolation, stabilization, encoding, previews, bitrate, audio-visual corrections and other quality issues) or otherwise editing it for use on the Service (including the creation of shorts, use in compilations, or other edits and uses). We may also use Your Content to train our artificial intelligence, machine learning, or other systems and technologies. You understand and agree that we may monetize Your Content on the Service (including by displaying ads with or in Your Content or charging a fee for accessing Your Content), but nothing in these Terms alone entitles you to any payments if we do so. Any payments you may receive from us must be subject to a separate agreement between you and us explicitly setting forth any payment to which you may be entitled.
7. License to Other Users. As part of uploading Your Content to the Service for other users to experience, you are granting each other user of the Service a universe-wide, non-exclusive, royalty-free license to access Your Content through the Service, and to use Your Content, including to reproduce, distribute, download, prepare derivative works, display, and perform Your Content, only as enabled by the technological features of the Service, and only for their own personal and non-commercial use. However, nothing herein gives other users a right to make use of Your Content outside of the Service as available on the Service.
8. Length of License. With respect to each piece of Your Content, the above licenses to us and other users are in effect from when you upload such piece of Your Content to the Service, and lasts until some commercially reasonable time after you remove or delete Your Content from the Service. You agree that, even if you or we remove or delete Your Content from the Service, we may retain a copy of Your Content, though we will not publicly display, perform, or distribute the removed or deleted content (except as may be explicitly otherwise described herein). You have the right to remove Your Content from the Service at any time, subject to other provisions in these Terms and technical availability on the Service.
9. Documentation. We may require you to provide reasonable documentation from time to time to prove your compliance with the provisions of these Terms. For instance, we may require that you provide documents proving your ownership over Your Content, or that you have a license to upload Your Content to the Service, or that all persons appearing in Your Content are of sufficient age and consent to their appearance. We may also require that you provide releases or other documentation regarding persons in Your Content. The acceptance of any such documents by us will be subject to our sole and absolute discretion. If you fail to provide these documents within such time as we may require or we do not accept the documents at our discretion, then, without limitation of any of our other rights under these Terms, we reserve the right to withhold any payments owed to you, remove Your Content from the Service, terminate your access to the Service, and/or take such other action as we deem desirable.
Payments, Memberships, Subscriptions and Fees.
1. Generally. Occasionally, to the extent we choose to make it available, we may require you to make payments in order to access certain Content, whether that be for Content on a pay-per-video, pay-per-view, pay-per-content, membership, subscription, or other type of basis, or for certain parts of the Service. We may set the prices for any of these at our discretion and change them at our discretion, including the terms for payments and the basis for access to the Content or the Service.
2. Forms of Payment. You may be required to provide us, or our payment processors, partners, or affiliates, with certain information to allow us or them to process and authorize your payments. All information you provide must be accurate and must be your information.
3. Our Rights. We reserve the right to refuse, cancel, or terminate your purchases at our discretion, including, without limitation, in case of product or service unavailability or errors. In the event that payments made to us in connection with your Account are charged-back, disputed, or otherwise subject to reversal, we may permanently suspend your Account. If this happens, you are not permitted to open or use any other account. We reserve the right to pursue you for any costs we incur in these circumstances. Such costs may include chargeback fees levied by banks or payment processors, payment processing charges, refund charges, and reasonable administrative costs. Please be aware that such costs may significantly exceed the value of the original payment. In cases of genuine error, we may choose to reinstate your access to the Service, subject to the chargeback or dispute being withdrawn, and our reasonable costs being covered.
4. Subscriptions. All memberships and subscriptions automatically renew upon expiration, unless you cancel your membership or subscription before the end of the then current membership or subscription period. You acknowledge and agree that we (or our payment processors, partners, or affiliates) may charge the payment method on file for these renewals. Cancellations are immediate and you will retain access to your subscription or membership until the next billing date.
5. Tokens or Other Value. To the extent that we make “tokens,” credits, or other such items of value available on the Service (collectively, “tokens”), the fees for them must be paid in advance of use, they have no cash value, and they may only be used on the Service. If one (1) year passes without you logging into your Account, we reserve the right to expire any tokens in your Account and to terminate and delete your Account. You may not be able to use any expired tokens and they will be removed from your Account. Any tokens that have been issued for free, whether as part of a promotion or otherwise, may expire, at our discretion, six (6) months after issuance, and may not be withdrawn or converted to any other form of value (including cash). Tokens may also otherwise expire in accordance with their specific terms and conditions.
6. Refunds.
  1. Due to the nature of the Service, being, in particular, a digital service, we only issue refunds on a case-by-case basis at our discretion, and only when there is a proven and substantial issue with the Content that you have received. Refunds are not available for any Content that you have already accessed. No refunds or credits are given for partial subscription periods. No refunds or credits are given for token bundles or packages that have been partially consumed. By accessing any purchased Content, or using any tokens, you are explicitly waiving any right to withdraw from the transaction and waiving any right to refunds for the same. For Content that you have not accessed whatsoever, you must submit a refund request within 14 days of your purchase. To the extent that we provide any refunds or credits in accordance herewith, we reserve the right to deduct amounts to cover processing and other costs incurred in connection with the original transaction and the refund/credit. You must make sure that your order is correct before making a purchase, and we are not responsible for your errors and do not make refunds because of your errors.
  2. You acknowledge that if you access any Content, you are expressly waiving any distance selling cooling off period, or similar withdrawal right.
  3. We are also not responsible for, and will make no refunds for, technical issues or incompatibility with your device, internet connection, or any other system or matter outside of our direct control. You are encouraged to use free sample scenes to the extent each are made available at our discretion, to ensure that your device and setup are compatible with our Service, as we do not make any refunds or credits in the event that you cannot use the Service for reasons outside of our direct control.
Your Information and Privacy.
1. Privacy Statement. Our Privacy Statement explains how we treat your personal data and protect your privacy when you use the Service. Please make sure to read and understand the Privacy Statement, including any updates as we may make to it at our discretion. By using our Service, you understand, acknowledge, and agree that we may access, use, preserve, and disclose your information and personal data if required to do so by law or in a good faith belief that such access, use, preservation, or disclosure is reasonably desirable or necessary for us, and not prohibited by law.
Intellectual Property Claims.
1. Respect Third Party Intellectual Property. We respect the intellectual property rights of others. This means that you cannot use the Service in connection with the infringement of any person’s copyrights, trademarks, or other intellectual or proprietary property or rights.
2. Repeat Infringer Policy. For any user, on whose Content we receive three (3) good-faith and effective copyright complaints within any contiguous six-month period, such user will be deemed to be a repeat infringer of intellectual property rights and such user’s use of the Service will be terminated. We reserve the right to take other factors into consideration at our discretion.
3. Digital Millennium Copyright Act. Though we are not subject to United States law, we voluntarily comply with the notice and take-down procedures of the Digital Millennium Copyright Act codified in Section 512(c)(2) of Title 17 of the United States Code. Takedown notices and counter-notices sent in accordance with the Copyright Act may be emailed to [email protected].
Modification of These Terms.
1. General. We may amend or restate these Terms at any time by posting such amended or restated Terms on the Service. Though we may provide other notice to you about such amendments or restatements, we are under no requirement to do so. You understand and agree that if you continue to use the Service after such an amendment or restatement, such use will constitute your acceptance of the amendment or restatement, whether or not you have actually read the amendment or restatement.
Other Legal Terms.
1. Indemnification. To the fullest extent of the law, you hereby accept full responsibility for, and shall indemnify us, hold us harmless and, to the extent demanded, defend us for any and all damages or threatened, pending, or completed action, suit, proceeding, or other dispute resolution mechanism, as well as for any hearing, inquiry, or investigation that we believe may lead to any action, suit, proceeding, or dispute resolution mechanism, whether civil, criminal, administrative, investigative, or otherwise by reason of, connected to, or arising in part or in whole out of your use of the Service, or Your Content (including, without limitation, if it violates the intellectual property rights of any person), or your breach of these Terms. Without limiting the generality of the foregoing, you must indemnify us against any and all expenses, losses, claims, damages, or liabilities, joint or several, including, without limitation, attorneys’, investigative, legal, court, and other out-of-pocket obligations, costs, or fees, and the costs of being a witness, incurred as a result of any of the foregoing. Your obligations under this paragraph will survive these Terms and your use of the Service.
2. Warranty Disclaimer. OTHER THAN AS EXPRESSLY STATED IN THESE TERMS OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND WE DO NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DO NOT MAKE ANY WARRANTY ABOUT THE CONTENT, THE SPECIFIC FEATURES OF THE SERVICE, OR THE ACCURACY, RELIABILITY, OR AVAILABILITY OF ANY PART OF THE SERVICE OR CONTENT, THE ABILITY OF THE SERVICE TO MEET YOUR NEEDS OR EXPECTATIONS, OR THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE.
3. Limitation of Liability. EXCEPT AS REQUIRED BY APPLICABLE LAW, WE ARE NOT AND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, INCLUDING ANY CLAIMS FOR LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS. WITHOUT LIMITATION OF THE FOREGOING, WE ARE NOT LIABLE FOR ANY DAMAGES ARISING FROM (a) ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR OR ANY OTHER PERSON’S USE OF THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE; (d) INTERRUPTION OR CESSATION OF THE SERVICE, OR ANY PART THEREOF; (e) VIRUSES OR MALICIOUS CODE TRANSMITTED THROUGH OR IN CONNECTION WITH THE SERVICE BY ANY THIRD PARTY; (f) ANY CONTENT, WHETHER SUBMITTED BY ANY USER (INCLUDING YOURSELF) OR BY US; OR (g) THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT OR PART OR FUNCTION OF THE SERVICE. THESE PROVISIONS APPLY REGARDLESS OF THE FORM OF THE CLAIM, INCLUDING WHETHER IT IS ASSERTED ON THE BASIS OF WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
4. Maximum Liability. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF YOUR DISSATISFACTION WITH THE SERVICE OF ANY OTHER GRIEVANCE SHALL BE LIMITED TO THE TERMINATION OF YOUR USE OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (a) THE AMOUNT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE THAT YOU GIVE NOTICE, IN WRITING, OF YOUR CLAIMS; AND (b) USD $100.
5. Third-Party Links. The Service may have the ability to access or contain links to third-party websites, services, or applications that are not owned, controlled, or maintained by us. We have no control over, and assume no liability or responsibility for functionality, security, or compliance of these third-party websites, services, or applications. You must take care when leaving the Service or accessing third-party websites, services, or applications on or through the Service as we have no responsibility for or to you in connection with your use or access of the same. These third-party websites, services, or applications may have their own terms and conditions and privacy policies that differ from ours, and you access them entirely at your own risk. We suggest you read the terms and privacy policy of each third-party website, service, or application that you visit or use.
6. Our Affiliates. All of the above provisions shall be deemed to apply to the benefit of our parent companies, subsidiaries, directors, officers, employees, agents, designees, contractors, affiliates, insurers, attorneys, successors, and assigns.
Disputes.
1. General Law and Jurisdiction. Subject to the arbitration provisions below, to the maximum extent permitted by law, these Terms as well as any claim, cause of action, or dispute that may arise between you and us, are governed by the laws of the Republic of Cyprus without regard to conflict of law provisions. YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF THE COURTS IN OR SERVING THE REPUBLIC OF CYPRUS FOR ANY DISPUTE BETWEEN YOU AND US. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT WE ARE REQUIRED TO BRING ANY ACTION AGAINST YOU FROM OR IN CONNECTION WITH YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER, SUCH ACTION MAY BE BROUGHT IN THE JURISDICTION AND VENUE IN WHICH THE INDEMNIFICATION CLAIM ARISES.
2. Arbitration. Any controversies, disputes, actions, causes of action or other claims between you and us arising out of or relating to these Terms, or the breach, termination, or validity hereof or your use of the Service (a “Controversy”) shall be finally settled by binding arbitration before a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules (unless such other rules must be used under applicable law, and modified only as herein expressly provided). The arbitrator shall be experienced with regards to disputes of the type for which arbitration is being sought. The arbitration shall be before one arbitrator mutually agreed upon by the parties. The parties agree that the arbitration will be held in the Republic of Cyprus, or in such other place as you and we may mutually agree upon. The arbitration may be held via video conference. The arbitration will be held in accordance with and subject to the substantive laws of the Republic of Cyprus. The arbitrator may enter a default decision against any party who fails to participate in the arbitration proceedings. The decision of the arbitrator on the points in dispute with respect to such Controversy will be final, non-appealable, and binding, and judgment on the award may be entered in any court having jurisdiction thereof. You agree that this clause has been included to rapidly and inexpensively resolve any Controversy, and that this clause shall be grounds for dismissal of any court action commenced by any party arising out of or relating to these Terms or the breach, termination, or validity hereof; provided that nothing in this subsection nor these Terms shall limit any party’s right to bring (i) post-arbitration actions seeking to enforce an arbitration award, (ii) actions seeking injunctive or other similar relief in the event of the breach or threatened breach of any of the provisions of this Agreement, or (iii) a claim for indemnification by us against you in the jurisdiction and venue from which such indemnification claim arises. The language used in the arbitration proceedings will be English.
3. Jury Waiver. YOU HEREBY AGREE THAT AS PART OF THE CONSIDERATION HEREOF, YOU ARE HEREBY WAIVING ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY FOR ANY CONTROVERSY. THIS PROVISION SHALL BE ENFORCEABLE EVEN IN THE CASE THAT THE ARBITRATION PROVISIONS OR ANY OTHER PROVISIONS OF THESE TERMS ARE WAIVED.
4. Attorneys’ Fees. In any Controversy, the prevailing party shall be entitled to recover from the other party, in addition to any other relief awarded, the actual costs, expenses and attorneys’ fees (including all related costs and expenses), incurred by the prevailing party in connection with such action or proceeding and in connection with obtaining and enforcing any judgment or order thereby obtained.
5. Class Waiver. YOU AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
General Terms.
1. Merger. These Terms and any documents as may be referenced or incorporated herein, as they may be amended or restated in accordance with the above provisions, constitute the entire agreement between you and us and supersede all prior agreements between you and us.
2. No Waiver. Our failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right.
3. Severance. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
4. Third-Parties. Except as explicitly set forth herein, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
5. Assignment. These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent, but may be assigned or transferred by us without restriction.
6. Notices. You agree that we may provide you with notices by e-mail (to the email address associated with your Account) or via posting to the Service, in addition to any other method that may be reasonably calculated to give you notice.
7. Interpretation. The section titles in these Terms are for convenience only and have no legal or contractual effect. As used in these Terms, the term “including” is illustrative and not limitative. If these Terms or any other documents between you and us are translated and executed in any language other than English and there is any conflict as between the translation and the English version, the English version shall control.
8. Interactive Computer Service. You acknowledge and understand that we are a provider of an interactive computer service. We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. You may access such parental control protections by searching the internet for “internet filter” or “parental control.” However, note that we do not take responsibility for any parental control protection you may find or use and that you are solely responsible for your use of the same.