VRPARADISE LICENSE AGREEMENT & TERMS OF USE
VRPARADISE LICENSE AGREEMENT & TERMS OF USE
I. SITE CONTENT
II. LIMITED USE LICENSE
III. REQUIREMENTS
IV. ADDITIONAL LICENSE LIMITATIONS
V. OWNERSHIP
VI. ACCOUNT INFORMATION - GDPR
VII. PAYMENTS
VIII. REPRESENTATION & WARRANTIES
IX. LINKS
X. UPDATE & MODIFICATIONS
XI. TERMINATION OF AGREEMENT
XII. TERMINATION OF PRODUCT SERVICE
XIII. CLAIMS OF COPYRIGHT INFRINGEMENT (DMCA)
XIV. INTERNAL COMPLAINTS HANDLING POLICY
XV. WARRANTY DISCLAIMER
XVI. INDEMNIFICATION
XVII. LIMITATION OF LIABILITY
XVIII. EQUITABLE REMEDIES
XIX. GOVERNING LAW
XX. MISCELLANEOUS
VRParadise™ (the "Product") is a 3D VR Strip Club software for adults. This End User License Agreement and Terms of Use is a legal agreement between 1/ you (either an individual or a single entity), 2/ the owner of the product : Totem Entertainment, located 16 avenue Morane Saulnier, 78140 Velizy Villacoublay France and 3/ its operator which commercializes the Software: Totem Core Ltd, located Suite 48, Clifton House, Lower Fitzwilliam Street, Dublin, IRELAND.
Totem Entertainment and Totem Core are hereafter referred to as "Totem".
By installing and using the software you signify your acceptance of this End User License Agreement and you agree to be bound by the terms of this End User License Agreement. For purposes of this License Agreement (defined below), "you" and "your" mean the user of the computer on which the Product will be or has been installed.
PLEASE READ THIS END USER LICENSE AGREEMENT AND TERMS OF USE (THIS "EULA" OR "LICENSE AGREEMENT") CAREFULLY. BY CLICKING THE "ACCEPT" BUTTON BELOW OR INSTALLING OR USING THE SOFTWARE AND THE TECHNOLOGY (THE "SOFTWARE"), YOU AGREE THAT THIS LICENSE AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS LICENSE AGREEMENT, AND DO NOT COMPLETE INSTALLATION OF THE SOFTWARE. BY ENTERING INTO THIS LICENSE AGREEMENT, YOU REPRESENT THAT YOU ARE AN ADULT AND HAVE THE LEGAL CAPACITY TO ENTER INTO A CONTRACT IN THE JURISDICTION WHERE YOU RESIDE
I. SITE CONTENT
1. Nature of Content.
THE SITE AND THE SOFTWARE ARE NOT DIRECTED AT CHILDREN UNDER 18 YEARS OF AGE. IF YOU ARE UNDER 18, PLEASE DO NOT USE THE PRODUCT NOR SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO TOTEM.
By entering into this Agreement and creating an Account, you confirm that you are an adult and have the legal capacity to enter into a contract in the jurisdiction where you reside and be over the age of 18 or the legal age as defined by your country or state of residence. You further ensure that no person under the age of 18 or the legal age as defined by your country or state of residence uses the software.
YOU HEREBY ACKNOWLEDGE THAT THE MATERIALS PUBLISHED, BROADCAST, CONTAINED, AND/OR DOWNLOADABLE ON THE SITE AND/OR SERVICE, INCLUDING WITHOUT LIMITATION, VIRTUAL REALITY, VIDEOS, STILL PHOTOGRAPHS, LIVE BROADCASTS, AUDIO CLIPS, TEXT, HYPERLINKS, INTERLINKS, SEARCH ENGINES, SOFTWARE, LOGOS, ICONS AND ANY OTHER PROPRIETARY CONTENT (COLLECTIVELY, THE "CONTENT") INCLUDE SEXUALLY EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND THAT YOU ARE FAMILIAR WITH AND NOT OFFENDED BY SUCH CONTENT.
Unreal Engine :
VR Paradise uses the Unreal® Engine. Unreal® is a trademark or registered trademark of Epic Games, Inc. in the United States of America and elsewhere.
Unreal® Engine, Copyright 1998 – 2021, Epic Games, Inc. All rights reserved
Qt Technology :
The product uses QT technology.
Qt is a C++ toolkit for cross-platform application development.
Qt provides single-source portability across MS Windows, Mac OS X, Linux, and all major commercial Unix variants. Qt is also available for embedded devices as Qt for Embedded Linux and Qt for Windows CE.
Qt is available under three different licensing options designed to accommodate the needs of our various users.
Qt licensed under our commercial license agreement is appropriate for development of proprietary/commercial software where you do not want to share any source code with third parties or otherwise cannot comply with the terms of the GNU LGPL version 2.1 or GNU GPL version 3.0.
Qt licensed under the GNU LGPL version 2.1 is appropriate for the development of Qt applications (proprietary or open source) provided you can comply with the terms and conditions of the GNU LGPL version 2.1.
Qt licensed under the GNU General Public License version 3.0 is appropriate for the development of Qt applications where you wish to use such applications in combination with software subject to the terms of the GNU GPL version 3.0 or where you are otherwise willing to comply with the terms of the GNU GPL version 3.0.
Please see https://www.qt.io/licensing/ for an overview of Qt licensing.
Copyright (C) 2020 The QT Company and/or its subsidiary(-ies).
See https://www.qt.io/ for more information
2. Content Warning.
Some of the Content offered through the software is virtual reality motion pictures (“VR”). You must read and agree to abide by the following warnings before using VR. Please also review and adhere to the instructions and any warnings for the device(s) that you use to view VR.
• Due to the nature of VR, Totem strongly recommends that certain individuals consult a physician prior to using VR, including without limitation individuals that are elderly, pregnant, and / or suffer from a heart condition, vision abnormalities, psychiatric disorders and / or other serious medical conditions.
• It is safest to view VR while seated. If you are standing up, before starting playing, please check that your chair is well positioned just behind you and that nobody will move it whereas you’re playing. In the club, your chair is materialized in blue. (Please take notice of your surroundings before viewing VR, as elements of your surroundings can be dangerous. You should avoid the following when viewing or shortly after viewing VR: roads, stairs, balconies, windows, furniture, people, animals, electronics, objects or other items which you could bump into, fall over, fall through or cut yourself on. Do not view VR while engaging in other activities such as walking, biking, dancing, driving or handling dangerous items.
• You agree not to view VR if you are tired, sick or not feeling well, suffer from a headache, flu, cold migraine or earache or are under the influence of intoxicants or are hung-over. You agree not to view VR if you are in a moving vehicle, as it could increase the likelihood that you suffer from the symptoms identified herein or other adverse symptoms.
• Prolonged viewing of VR should be avoided as it may have negative impacts on hand-eye coordination, balance and certain other abilities. Always cease viewing VR and remove your headset before doing anything that requires attention or coordination.
• In the event that you lose awareness of your surroundings, being to experience seizures, eye twitches, blurred or abnormal vision, impaired balance, hand-eye coordination or nausea, increased sweating, motion sickness, pain, fatigue, dizziness, disorientation or drowsiness you should stop viewing VR immediately and consult a physician before resuming viewing of VR.
• Do not view VR for periods in excess of thirty (30) minute intervals without taking a break of at least ten (10) to fifteen (15) minutes. If you feel discomfort, you should take a longer break.
• If you elect to view VR in connection with any other external device, please do so with caution. Please consult the instructions and heed any warnings regarding those devices. If use of such devices causes any adverse symptoms, please cease use immediately.
• Consult a physician if you have serious and/or persistent symptoms.
3. Use of Content.
The Content is intended for distribution exclusively to consenting adults who are in locations where such Content does not violate community standards or any applicable local, state, or federal law or regulation.
4. Liability for Improper Use of Content.
You agree to be personally liable and fully indemnify Totem and Agents (as defined below) for any and all damages directly, indirectly, and/or consequentially resulting from your attempted or actual unauthorized downloading or other duplication of Content. Such damages include, without limitation, loss of revenue, loss of profits, loss of property, fines, penalties, attorney's fees, costs, and damages resulting from civil lawsuits, administrative actions, prosecution, and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
II. LIMITED USE LICENSE
• You agree that the software and all licensed materials it might contain are licensed, not sold to you.
• You agree that the software and its content, including the whole website, belong to Totem, including all intellectual and proprietary rights, unless otherwise specified.
• Totem retains all right, title and interest in and to the software and its content at all times, and regardless of the form or media in or on which the original or other copies may subsequently exist.
• Any suggestions, ideas or inventions that you voluntarily and optionally disclose to us through any means will be used, or not used, by Totem at Totem’s sole discretion;
• and, Totem will have no obligation to you regarding any ideas or inventions that you disclose through such means.
III. REQUIREMENTS
In installing and using the Software, you acknowledge that you have read, understand and agree with the terms of this License Agreement & Terms of Use. You must also register for an account in the Software (an "Account"). These requirements may change as the software evolves. You are wholly responsible for the cost of all internet connection fees, along with all equipment, servicing, or repair costs necessary to allow you access to the Software.
By entering into this Agreement and creating an Account, you confirm that you are an adult and have the legal capacity to enter into a contract in the jurisdiction where you reside and be over the age of 18 or the legal age as defined by your country or state of residence. You further agree that you are entirely liable for all activities conducted through your Account, and are responsible for ensuring that no person under the age of 18 or the legal age as defined by your country or state of residence uses the software.
THE SITE AND THE SOFTWARE ARE NOT DIRECTED AT CHILDREN UNDER 18 YEARS OF AGE, NOR DOES TOTEM KNOWINGLY COLLECT INFORMATION FROM CHILDREN UNDER 18. IF YOU ARE UNDER 18, PLEASE DO NOT USE THE PRODUCT NOR SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO TOTEM.
IV. ADDITIONAL LICENSE LIMITATIONS
The limited license granted to you is subject to the additional limitations set forth below. Any use of the Product in violation of the license limitations set forth below is an unauthorised use of the Software outside of the license granted to you, and will be regarded as an infringement of the copyrights Totem holds in and to the Software and the Product. You agree that you will not, under any circumstances:
• Sell, lease, rent, loan or otherwise transfer the Software, or grant a security interest in or transfer reproductions of the Software or the Product, to a third party;
• Copy, reproduce, translate, reverse engineer, decompile, derive source code from, or disassemble, in whole or in part, the Software or the Product, or create derivative works based on the Product.
• Modify or cause to be modified any files that are part of the Software in any way not expressly authorised by Totem;
• Modify or cause to be modified any files that are part of the Software in any way not expressly authorised by Totem;
• Use any unauthorised third-party programs that interact with the Software in any way, or that intercept, emulate or redirect any communication between the Software and Totem, unless expressly authorised by Totem.
V. OWNERSHIP
All rights and title in and to the Software and the Product, and all content included therein (including, without limitation, accounts, computer code, photo, audio and video content) are owned by Totem or its licensors. The Software and the Product and all content therein are protected by French and other international intellectual property laws.
Notwithstanding the above, Totem gives you a limited license to use certain Totem proprietary material to do video gameplays and screenshots to be used on blogs, on forums, fan sites or posted on tube sites as long as the VRParadise brand remains clearly visible at all time and that you have no interest, monetary or otherwise, in publishing such content (except to promote VRParadise itself though our affiliation program). Totem reserves the right to press charges, send DCMA requests and/or suspend your account in case of publication of copyrighted content without the display of the VRParadise trademark. Please contact press@vrparadise.com to receive authorisation prior to any publication of copyrighted material.
VI. ACCOUNT INFORMATION - GDPR
GDPR
We value your privacy, and want to make sure you’re aware of your options to control your data on VRParadise.
We’ve recently made updates to our Privacy Policy and terms & conditions to increase transparency and comply with the European Union’s General Data Protection Regulation (GDPR). We encourage you to read our policies in full, but here are some highlights of what’s changed:
Added information to our Privacy Policy about the types of data that we collect, the ways in which we use it, and the measures we take to keep your data safe; Added new choices for users to manage their privacy and more details about data collection and your choices.
WHAT INFORMATION IS COLLECTED AND FOR WHAT PURPOSE?
We will use your personal information for various purposes such as:
- keep you informed occasionally of events and news
- statistical analysis and research
- marketing, market research
- data analysis
- to provide client support
You will be requested to provide additional information in order to complete a purchase, such as your name, full address, credit card information or other payment information as appropriate to the selected payment method. Totem solely relies on third party payment providers for purchases and do not store any credit card information.
In creating an Account, you will be given a unique username and password, which you will use each time you access the Product. You may not share your Account with anyone other than as expressly set forth herein, and you are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities (including purchases and charges, as applicable) that are conducted through your Account. Please notify Totem immediately if you become aware of any breach of security, including any loss, theft or unauthorised disclosure of your username and password.
The Account supplied to you is personal to you, and Totem does not recognise and expressly forbids the transfer of user Accounts. You shall not purchase, sell, gift or trade any Account, or make any such offer, and any attempt shall be null and void. Any distribution by you of your Account and/or your username and password (except as expressly provided herein or otherwise explicitly approved of by Totem) may result in suspension or termination of your Account.
VII. PAYMENTS
In order to use the Product, You will be requested to pay a One time License fee that will be linked to your account. This paid license fee cannot be attributed to another account in any manner.
The Product also proposes additional contents to be aquired each with a specific payment fee and that once purchased will be linked to your account and cannot be attributed to another account.
For all aspects of the Product that require you to pay a fee, you agree that you will provide accurate and complete payment information to the third-party payment provider used by Totem. You further agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Totem may revise the pricing for the Product or any item associated therewith at any time. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. Totem may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in this Agreement or elsewhere on the Site or in the Product.
VIII. REPRESENTATION AND WARRANTIES
Your Warranties. You hereby represent, warrant, and affirm (the "Warranties"):
• that you are at least 18 years old and the age of majority in your community;
• that it is legal to view the materials where you are located;
• that you will not permit any person(s) under the age of 18 (or who are otherwise not legally permitted) to have access to any of the materials contained on this website;
• that no materials of any kind submitted through your account including, without limitation, comments posted on live broadcasts or in public forums, will:
◦ violate or infringe upon the rights of any third party, including without limitation, copyright, trademark, privacy, publicity, moral, contract, or other personal or proprietary rights;
◦ plagiarize any material owned by any third party or by Totem;
◦ contain violent, obscene, defamatory, harassing, threatening, or otherwise illegal content;
◦ contain bigoted, hateful, or otherwise racially offensive material;
◦ otherwise harm or be reasonably expected to harm any person or entity;
◦ contain commercial or business-related advertisements or offers to sell any products, services, or otherwise (whether for profit or not), or to solicit others (including solicitations for contributions or donations);
◦ contain a virus or other harmful component that tampers with, impairs or damages the Site, Service, or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Site and/or Service;
◦ contain materials irrelevant to the designated topic or theme of the relevant public forum;
◦ violate any specific restrictions applicable to a public forum; or
◦ constitute antisocial, disruptive or destructive behavior, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
• that, with respect to live broadcasts or public forums on the Site, you will also refrain from posting comments on the following subjects:
◦ Sexually transmitted disease;
◦ Income;
◦ Derogatory comments about the performers' physical appearance;
◦ Anything demeaning to the performers.
IX. LINKS
The Site may contain links to websites operated by other parties. Totem provides these links to you as a convenience, use of these links and the external websites are at your own risk. The linked sites are not under the control of Totem, and Totem is not responsible for the content available on the other sites. Such links do not imply endorsement by Totem of information or material on any other site, and Totem disclaims all liability with regard to your access to and use of such linked websites.
X. UPDATES AND MODIFICATIONS
Totem may provide Updates to the Software that must be installed for you to continue to play the Product. Each time you launch the Software to play the Product, you hereby give your consent to Totem to remotely install any Updates to the Software that resides on your computer, with or without additional notification to you.
Totem reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this License Agreement as the Product and the law evolve; provided, however, that material changes to this License Agreement will not be applied retroactively. Such changes will be effective with or without prior notice to you. You can review the most current version of this License Agreement by clicking on the "EULA" link located at the bottom of the Site. You are responsible for checking this License Agreement periodically for changes. If the Software requires an Update at the time you launch the Software to access the Product, you will also have the opportunity to review and to accept or reject the current version of this License Agreement. If any future changes to this License Agreement are unacceptable to you or cause you to no longer be in agreement or compliance with this License Agreement, you may terminate this License Agreement in accordance and must immediately stop using the Product and uninstall the Software. Your continued use of the Product following any revision to this License Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
XI. TERMINATION OF AGREEMENT
This License Agreement is effective until terminated. You may terminate this License Agreement at any time by notifying Totem of your intention to terminate. Totem may terminate this License Agreement at any time, for any reason or no reason. Upon termination, whether by you or Totem, the license granted to you shall immediately terminate, and you must immediately and permanently remove the Software from your computer’s permanent memory and destroy any and all copies of the Software that may be in your possession.
XII. TERMINATION OF PRODUCT SERVICE
You acknowledge and agree that Totem, in its sole and absolute discretion, may stop providing support for or access to the Product at any time, for any reason or no reason. You also agree that Totem may change, modify, suspend, discontinue, or restrict your access to any features or parts of the Product at any time without notice or liability to you. You acknowledge that you have no interest, monetary or otherwise, in any feature of or content in the Software or the Product. Notwithstanding the above, Totem will make its best effort, in case of suspension or discontinuation of the service to provide a solution for you to keep using all downloaded Content on your computer.
XIII. CLAIMS OF COPYRIGHT INFRINGEMENT (DMCA)
If you are a copyright owner or agent thereof and believe that content posted on the Site by a Totem user infringes upon your copyright, please submit notice pursuant to the Digital Millennium Copyright Act (17 U.S.C. " 512(c)) to the Totem Copyright Agent with the following information:
• An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright;
• a description of the copyrighted work that you claim has been infringed;
• the URL of the location on the Totem Site containing the material that you claim is infringing;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
• and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
Totem’s Copyright Agent can be reached by mail at Totem Core, Suite 48, Clifton House, Lower Fitzwilliam Street, Dublin, IRELAND. Please note that these notifications are legal notices, and that Totem may provide copies of such notices to the participants in the dispute or to third parties, at its discretion or as required by law.
XIV. INTERNAL COMPLAINTS HANDLING POLICY
1. Purpose The purpose of this policy is to establish a clear and efficient process for handling complaints related to illegal, non-consensual, infringing content, or content that does not comply with laws, regulations, or VISA rules. This policy aims to ensure that all complaints are addressed promptly and effectively, maintaining the integrity and safety of our website.
2. Scope This policy applies to all visitors of our website who wish to report any content that may be illegal, non-consensual, infringing of intellectual property rights, or otherwise not in compliance with applicable laws, regulations, or VISA rules.
3. Reporting Process 3.1. How to Report a Complaint Visitors can report any concerning content by using the "Report Abuse" link located in the footer of our website. This link is easily accessible from any page on our website.
3.2. Information Required When submitting a complaint, the following information should be provided:
A description of the content in question
The URL or location of the content on our website
The reason for the complaint (e.g., illegal content, non-consensual, intellectual property infringement)
Any additional information that may assist in the evaluation and resolution of the complaint
4. Evaluation and Resolution 4.1. Acknowledgment of Complaint Upon receipt of a complaint, an acknowledgment email will be sent to the complainant, confirming the receipt of their complaint and outlining the next steps.
4.2. Evaluation Process All submitted complaints will be evaluated by our internal review team. The evaluation process will include:
Verifying the validity of the complaint
Reviewing the content in question
Consulting with legal or subject matter experts, if necessary
4.3. Resolution Timeline We are committed to resolving all complaints within seven (7) business days from the date of receipt. The resolution may involve:
Removing or disabling access to the content
Notifying the content creator of the complaint and the action taken
Providing feedback to the complainant regarding the outcome of their complaint
5. Follow-Up In cases where further information is required from the complainant, our team will reach out to them within the seven (7) business days period. The resolution timeframe may be extended if additional information is needed, but the complainant will be kept informed of any delays.
6. Confidentiality All complaints and the identities of complainants will be treated with the utmost confidentiality. Information will only be shared with individuals directly involved in the evaluation and resolution process.
7. Record Keeping All complaints and their resolutions will be documented and stored securely for future reference and auditing purposes.
8. Appeal Process 8.1. Right to Appeal Any person depicted in a video or other content has the right to appeal any decision based on a claim of lack of consent.
8.2. Appeal Submission To submit an appeal, the depicted person must provide the following information:
A description of the content in question
The URL or location of the content on our website
The reason for the appeal, specifically addressing the lack of consent
8.3. Evaluation of Appeal Upon receipt of an appeal, we will:
Confirm that we obtained appropriate consent through a reasonable process
If consent cannot be established, or if the person depicted in the content can demonstrate that the consent is void under applicable law, we will take down the content immediately
If there is a disagreement regarding the validity of consent under applicable law, we will allow such a disagreement to be resolved by a neutral body, at our expense
8.4. Resolution Timeline We are committed to resolving all appeals within seven (7) business days from the date of receipt. The resolution may involve removing or disabling access to the content or further evaluation through a neutral body.
9. Policy Review This policy will be reviewed regularly and updated as necessary to ensure its effectiveness and compliance with legal requirements and best practices.
Contact Information
For any questions or further assistance regarding this policy, please contact us at support@vrparadise.com
XV. WARRANTY DISCLAIMER
THE PRODUCT (INCLUDING WITHOUT LIMITATION THE WEBSITE, THE SOFTWARE AND THE DOCUMENTATION) IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Totem DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE Product OR THE SOFTWARE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFORMATION CONTAINED WITHIN THE Product AND/OR THE SOFTWARE. Totem DOES NOT WARRANT THAT THE Product AND/OR THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE Product AND/OR THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE Product AND THE SOFTWARE.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the forgoing disclaimer may, in whole or in part, not apply to you.
XVI. INDEMNIFICATION
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Totem FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING ATTORNEYS" FEES) THAT DIRECTLY OR INDIRECTLY ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE Product AND/OR THE SOFTWARE, OR ANY VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THIS LICENSE AGREEMENT.
Totem reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Totem in asserting any available defences.
XVII. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL Totem BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE SOFTWARE AND/OR THE Product, EVEN IF Totem KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, Totem SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO YOUR ACCOUNT, COLLECTION OF CARDS, VIRTUAL CURRENCY OR PROFILE INFORMATION STORED BY THE Product. Totem SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT SHALL Totem BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO Totem FOR Product-RELATED TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Totem shall be limited to the fullest extent permitted by applicable law.
XVIII. EQUITABLE REMEDIES
You hereby acknowledge and agree that Totem would suffer irreparable harm if this License Agreement were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that Totem shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this License Agreement. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this License Agreement, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
XIX. GOVERNING LAW
This agreement shall be governed by the laws of Ireland without giving effect to any choice of law principles and shall be subject to juridiction in the courts of Ireland.
XX. MISCELLANEOUS
This License Agreement represents the complete agreement between you and Totem with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreements between you and Totem. The Product is operated by Totem in France. Those who choose to access the Product from locations outside France do so on their own initiative and are responsible for compliance with applicable local laws. Totem’s failure to enforce any provision of this License Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Totem of any provision, condition or requirement of this License Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. If any provision of this License Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License Agreement shall continue in full force and effect. If, however, it is determined that such provision cannot be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. All provisions shall survive any termination of this License Agreement.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT BY CLICKING "ACCEPT" AND/OR INSTALLING THE SOFTWARE AND USING THE Product, YOU ARE ACKNOWLEDGING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
Legal Notice
Copyright ©Totem Entertainment, all rights reserved.
VRParadise is a trademark of Totem Entertainment
