FestivusMedia bv

This terms-of-service agreement is entered into between you and Festivus Media BV (“Festivus,” “we,” or “us”). The following agreement and any documents it references (collectively, “agreement”), governs your access to and use of the consumer website (“Website”) you have accessed, including any content, functionality, and services offered on or through, whether as a guest or a registered user.

Acceptance of Agreement.
This document contains important information regarding your rights and obligations, and conditions, limitations, and exclusions that might apply to you. Please read it carefully. Notice: Section 25 of this agreement contains a mandatory arbitration agreement. By using our Website and accepting this agreement, you (1) agree to binding arbitration of these claims before a neutral arbitrator; and (2) hereby waive your rights to go to court, have a jury hear your case, or participate as part of a class of plaintiffs for any disputes with us. By using the Website or by clicking to agree to this agreement when that option is made available to you, you agree to be bound and abide by this agreement.

If you do not want to agree to this agreement, you must not access or use the Website.
This Website is offered and available to persons who are 18-years old or older, who have reached the age of majority where they live, and who are not prohibited by law from accessing or viewing sexually explicit content. By using this Website, you state that the following facts are accurate: (1) you are at least 18-years old; (2) if the laws of your jurisdiction provide that you can only be legally bound by a contract at an age that is higher than 18-years old, then you are old enough to be legally bound by a contract under the laws of that jurisdiction; (3) you will provide all other information or verification as we require; and (4) you are permitted by the laws of your jurisdiction to join the Website and to view any Materials available on it and to use any functionality provided by it. If you do not meet all these requirements, you must not access or use the Website.

Changes to Agreement.
We may revise and update this agreement from time to time. The Website will require you to review and agree to the amended agreement before you can continue to use the Website. All changes are effective immediately when posted and apply to all access to and use of the Website afterwards. However, any changes to section 24 (Governing Law and Jurisdiction) or section 25 (Arbitration) will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Adult-Oriented Material.

Agreement to View Adult Material.
The Website is designed and intended solely for adults who are interested in and wish to have access to visual images, verbal descriptions, and audio sounds of a sexually oriented, and frankly erotic, nature. The material available on the Website include graphic visual depictions and descriptions of nudity and sexual activity and must not be accessed by anyone under the legal age in their respective jurisdiction or by those who do not wish to be exposed to that material. If you do not meet these requirements, you must not access the Website and must leave now. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing this Website in a way that places you in breach of any contract you have with a nonparty (for example, your employment contract) or in breach of any law.

Section 230(d) Notice.
Under 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that might help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using these products, which we provide for informational purposes only and do not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.

Child Sexual Abuse Material (CSAM) Prohibited.
We prohibit material involving minors on the Website. We only allow visual media of consenting adults for consenting adults on the Website. If you see any visual media, real or simulated, depicting minors engaged in sexual activity on the Website or that is otherwise exploitative of children, please promptly report this to us at abuse@festivusmedia.com. Please include with your report all appropriate evidence, including the date and time of identification. We will promptly investigate all reports and take proper action. We cooperate with any law enforcement agency investigating alleged child exploitation or child sexual abuse material.

Prostitution and Sex Trafficking Prohibited.
We prohibit using the Website or its interactive services in any way to engage in, take part in, aid, support, promote, ask for, or ease any act of prostitution or sex trafficking. This prohibition includes using the Website or its interactive services to share personal contact details or arrange face-to-face meetings. If you see any evidence of this on the Website, please promptly report this to us at abuse@festivusmedia.com. Please include with your report all evidence, including the date and time of identification. We will promptly investigate all reports and take proper action. We will terminate the account of any person engaging in any prostitution or sex trafficking. We will report all individuals suspected of promoting or facilitating prostitution or sex trafficking to the appropriate law enforcement agency. We will cooperate with any law enforcement agency investigating prostitution or sex trafficking.

Accessing the Website.
We may withdraw or amend our Website and any service or material provided on it without notice. We will not be liable if, for any reason, any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for making all arrangements necessary for you to access the Website and its Materials. Access to the Website might not be legal by certain persons or in certain countries. We are not making any statement that the Website or its Materials are accessible or appropriate in your jurisdiction. Please check with your individual jurisdiction for legality. Otherwise, you access the Website on your own initiative and are responsible for complying with local laws.

Fantasy Services.
This Website is a digital fantasy service for adults. It is designed as a forum to have discussions of a sexual nature for fantasy and entertainment purposes only. All profiles are provided for the entertainment of our users. The profiles on the Website are fictitious and have been created only to exchange messages with users. It is not the intent of the Website to establish real-life contact between users of the Website and therefore real-life meetings with the people depicted in the fictitious profiles is not possible. Initial messages from fictitious profiles may be automatically generated with no human involvement and virtual bots or third-party contractors hired or contracted by us may generate messages or correspondence afterwards. On one or more occasions, fictious profiles may contact users through computer-generated messages to encourage further or broader participation in the Website’s services or to monitor user activity. You acknowledge that the information, text, and pictures contained in the profiles on the Website do not pertain to any actual person, but are included for fantasy and entertainment purposes only. Nothing contained in any profile is intended to describe or resemble any real person—living or dead. Any similarity between user profile descriptions and any person is purely coincidental. You further acknowledge that no physical meeting will ever take place between you and the individuals or bots provided the service and that the exchange of messages between you and any user profile is for entertainment purposes and to encourage further or broader participation in the Website’s services or to monitor user activities. We do not guarantee that you will receive a response to any message you send to a fictitious profile.

Account Creation.
To access many of the Website’s features, you must create an account. Registration is free and for a single user only. To register, you must complete the registration process by providing us with accurate information as prompted by the registration form. You must provide a valid email address, a username, and a password or authenticate using any third-party service offered on the Website. Do not choose a username that is offensive or that infringes anyone’s service mark, trademark, or trade name. We may delete or require you to change any username that violates this section 6.1. Your password should be unique (meaning that it is different from those you use for other websites) and must comply with the Website’s technical requirements for the composition of passwords. By creating an account, you state to us that (1) all account registration and profile information you provide is your own and is accurate; (2) if you previously had an account on the Website, we did not suspend or terminate that account for breach of this agreement; and (3) you are creating an account for your personal use, and you will not sell, rent, or transfer your account to anyone.

Responsibility for Account.
You are responsible for keeping your password and account confidential. Further, you are responsible for all activities that occur under your account. You must promptly let us know about any unauthorized use of your account or any other security breach. You must not sell, rent, lease, share, or provide access to your account to anyone else, including charging anyone for access to administrative rights on your account. We may disable any username, password, or other identifier, whether chosen by you or provided by us, at any time for any reason or no reason, including if, in our opinion, you have violated any part of this agreement. We may cancel unconfirmed accounts or accounts that have been inactive for more than a year.

Liability for Account Misuse.
We will not be liable to you for any loss that you might incur because of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by another person or us because of someone else’s use of your password or account.

Use of Other Accounts.
You must not use anyone else’s account at any time.

Account Security.
We care about the integrity and security of your personal information. But we cannot guarantee that unauthorized persons can never defeat the Website’s security measures or use any personal information you provide to us for improper purposes. You provide your personal information at your own risk.

Communication Preferences.
By registering for an account, you hereby consent to receive electronic communications from us about your account. Communications might involve sending emails to the email address you provided during registration or posting communications on the Website and will include notices about your account (e.g., change in password, confirmation emails, and other transactional information) and are part of your relationship with us. You acknowledge that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that those communications be in writing. We recommend that you keep copies of electronic communications by printing a paper copy or saving an electronic copy. You also hereby consent to receive other communications from us, including newsletters about new features and content, special offers, promotional announcements, and customer surveys by email or other methods. You acknowledge that communications you receive from us might contain sexually explicit material unsuitable for minors. If you no longer want to receive non-transactional communications from us, please review our Privacy Policy on how to opt out of marketing communications.

Intellectual Property Rights.

Ownership. Festivus owns and operates the Website.
All content (including User Content), features, functionality, and other materials found on the Website, including all visual interfaces, graphics, information, software (including source code and object code), text, displays, images, photos, videos, and audio, and the design, selection, and arrangement of them (collectively, “Materials”) are owned by Festivus, its licensors, or other providers of those Materials. United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws protect all Materials found on the Website.

License Grant.
Festivus hereby grants you a limited, personal, nontransferable, nonsublicensable, nonexclusive license to access and use the Website and the Materials for your personal, noncommercial use only. You must not reproduce, distribute, resell, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Materials on the Website, except as follows:

• Your computer may temporarily store copies of the Materials in RAM incidental to your accessing and viewing those Materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
• You may view any User Content to which you have properly gained access solely for your personal, noncommercial use and not for further reproduction, publication, or distribution.
• If we offer desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, subject to our end user license agreement for those applications.
• If we provide social media features with certain content, you may take those actions as are enabled by those features.

License Restrictions.

You must not:

• Download any Materials.
• Modify copies of any Materials from the Website.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Materials from the Website.
• You must not access or use any part of the Website or the Materials available through it for any commercial purposes.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Materials in breach of this agreement, your right to use the Website will terminate immediately, and you must, at our option, return or destroy any copies of the Materials you have made. No interest in the Website or any Materials on the Website is transferred to you, and Festivus reserves all rights not expressly granted. Any use of the Website not expressly permitted by this agreement is a breach of this agreement and might violate copyright, trademark, and other laws.

Trademarks.
Festivus Media BV’s name and logo; the term(s) “Festivus Media”; the Website’s logo; and all related names, domain names, logos, product and service names, designs, and slogans, as well as the Website’s look and feel, including all page headers, custom graphics, button icons, and scripts are trademarks or trade dress of Festivus, its affiliates, or licensors. You must not use those marks in whole or in part with any product or service that is not ours, in any manner that is likely to cause confusion among consumers, or in any way that disparages or discredits us, without first obtaining our written permission. Any use of these marks must be under any guidelines that we may provide you with from time to time. All other service marks, trademarks, trade names, logos, product and service names, designs, and slogans on this Website are the marks of their respective owners. Reference on the Website to any products, services, processes, or other information—by trade name, trademark, manufacturer, supplier, or otherwise—does not constitute or imply our endorsement, sponsorship, recommendation, or any other affiliation.

Prohibited Uses.

You must use the Website only for lawful purposes and in accordance with this agreement. You must not use the Website:

• In any way that violates any federal, national, state, provincial, local, or foreign law or regulation (including any laws about exporting data or software to and from the US or other countries).
• To exploit, harm, or try to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.
• To harass or stalk any person.
• To send, knowingly receive, upload, download, use, or re-use any User Content that does not comply with the Content Standards set out in this agreement.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or try to impersonate us, a Festivus employee, another user, or any other person or entity (including by using email addresses or usernames associated with any of the preceding).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as we decide, may harm our Website’s users or us or expose them or us to liability.

Additionally, you must not:

• Use the Website in any way that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including their ability to engage in real-time activities through the Website.
• Conduct, facilitate, authorize, or permit any text or data mining or web scraping regarding the Website or any services provided through, or concerning, the Website. This includes using (or permitting, authorizing, or attempting to use): (i) any “robot,” “bot,” “spider,” “scraper,” or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor, record, or republish any part of the Website or any data, content, information, or services accessed through the Website; or (ii) any automated analytical technique aimed at analyzing text and data in digital form to generate information that includes but is not limited to patterns, trends, and correlations.
• Use any manual process to monitor or copy any of the Materials or any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise try to interfere with the Website’s proper working.

User Content.

In General.
The Website contains personal profiles, chat, messaging, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit (collectively, “post”) User Content on or through the Website. All User Content must comply with the Content Standards set out in section 11. We will consider nonconfidential and nonproprietary any User Content you post to the Website. In this agreement, “User Content” means any material uploaded to the Website by any user, including any photos, videos, audio (for example, music and other sounds), data, text (including comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material.

License Grant.
As between you and Festivus, you own all intellectual property rights in the User Content you post. You hereby grant us a perpetual, irrevocable, nonexclusive, sublicensable, worldwide license to: use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display that User Content (including for promoting and redistributing any part of the Website (and derivative works of it)) in any form, format, media, or media channels now known or afterwards developed or discovered; and use the name, identity, likeness, and voice (or other biographical information) that you submit with that User Content. You hereby waive any so-called “moral rights” that you might have in any User Content.

Account Profile.
Festivus may use your name, likeness, biography, trademarks, logos, and other identifiers used by you in your account profile to display those properties to the public or the audiences you have specified. You may revoke the preceding license by deleting your account. Festivus may identify public profiles in its marketing and investor materials.

Statements of Fact.
You state that the following facts about any User Content you post on or through the Website are accurate:

• You have the right to submit the User Content to the Website and grant the licenses in this agreement;
• Festivus will not need to obtain licenses from any nonparty or pay royalties to any nonparty for the streaming or other permitted distribution of the User Content;
• You have obtained appropriate releases from all persons who appear in the User Content;
• You have verified the identity and age of all persons depicted in your User Content to ensure that all persons depicted are adults and you can provide supporting documents to us on request;
• The User Content does not, and will not, infringe any nonparty’s rights, including intellectual property rights, rights of publicity, moral rights, and privacy rights; and
• The User Content complies with this agreement and all laws.

You Upload User Content at Your Own Risk.
You acknowledge that you are responsible for any User Content you post, and you, not us, have full responsibility for that User Content, including its legality, reliability, accuracy, and appropriateness. We are not liable to any person for the content or accuracy of any User Content posted by you or any other user. We use reasonable security measures to try to protect User Content against unauthorized copying and distribution. But we do not guarantee that any unauthorized copying, use, or distribution of User Content will not occur. We provide any security measures “as is” and we are not making any warranties, guarantees, conditions, or assurances that those security measures will withstand attempts to evade security mechanisms or that there will be no cracks, disablements, or other circumvention of those security measures. We will not be liable to you for any unauthorized copying, use, or distribution of your User Content by nonparties, and to the greatest extent allowed by law, you hereby release all claims you might have against us for any such unauthorized copying or use of the User Content, under any equitable or legal theory.

Monitoring and Enforcement; Termination.

We may:

• Remove or refuse to post any User Content for any or no reason;
• Take any action concerning any User Content that we consider necessary or appropriate, including if we believe that your User Content is illegal or otherwise violates this agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of the Website’s users or the public, or could create liability for Festivus;
• Disclose your identity or other information about you if required by law or court order (including a subpoena) to anyone who claims that User Content posted by you violates their rights, including their intellectual property rights or their right to privacy or publicity;
• Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website, including posting illegal or unauthorized User Content (Festivus will report any User Content that could be considered child sexual abuse material (CSAM) to the National Center for Missing and Exploited Children’s CyberTipline and any other legal and regulatory bodies); or
• Terminate or suspend your account or access to the Website for any reason or no reason, including violation of this agreement, engaging in any activity that is illegal or fraudulent, or violation of credit card association standards or law.

Festivus has a complaint process that allows anyone to report to Festivus any User Content on the Website that might be illegal or that otherwise violates this agreement or credit card association standards. Festivus will review and resolve all reported complaints within seven business days. We will suspend access to any User Content you post on our Website that we become aware of that might not comply with this agreement, credit card association standards, or law while we investigate the suspected noncompliance or unlawfulness of that User Content. If we suspend access to your User Content, you may request a review of our decision to suspend access to that User Content by contacting us at support@festivusmedia.com. After investigating the suspected noncompliance or unlawfulness of that User Content, we may take any action we consider appropriate, including, but not limited to, reinstating access, permanently removing, or disabling access to that User Content without needing to obtain your consent and without giving you prior notice. At your own cost, you must promptly provide us all reasonable assistance (including by providing us with copies of any information that we request) in our investigation. We will not be responsible for any loss you suffer arising from our suspending access to your User Content or any other steps that we take in good faith to investigate any suspected noncompliance or unlawfulness of your User Content under this section.

If we suspend access to or remove any of your User Content, we will notify you by email or electronic message to your user account, but we are not required to give you prior notice of that removal. If we suspend access to your account or terminate your agreement with us and your access to the Website, we will let you know. While access to your account is suspended, any payment that would otherwise have fallen due during the suspension will be suspended. We will cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information about anyone posting any User Content on or through the Website. You hereby waive and shall indemnify Festivus and its affiliates, licensees, and service providers against any claims resulting from any action taken by any of the preceding parties during, or taken because of, investigations by either those parties or law enforcement authorities. We review all User Content before it is published on our Website to ensure that it is not illegal and does not otherwise violate this agreement, credit card association standards, or law. But we assume no liability for any action or inaction regarding transmissions, communications, or User Content provided by any user or nonparty. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section 10.

Content Standards.
These content standards (“Content Standards”) apply to all User Content and use of the Interactive Services. User Content must comply with all federal, national, state, provincial, local, and foreign laws and regulations and credit card association standards. User Content must not:

• Promote, depict, or discuss any activity that is illegal or otherwise violates any credit card association standards.
• Contain any defamatory, obscene, indecent, abusive, offensive, harassing, threatening, violent, hateful, inflammatory, or otherwise objectionable material.
• Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Contain children, child sexual abuse material, age-play, incest, rape or non-consensual sex, hypnosis, intoxication, sexual assault, extreme violence, non-consensual pain, blood, cutting, erotic asphyxiation, torture, necrophilia, sadomasochistic abuse, hardcore bondage, extreme fisting, genital mutilation, bestiality, urine or water sports, scat or excrement-related material, enema play, vomiting, menstrual bleeding, or any other matter that is illegal or violates credit card association standards.
• Contain unsolicited content or unsolicited language that sexually objectifies another person in a non-consensual way or contains fake or manipulated content concerning another person (including “deepfakes”).
• Promote, depict, or constitute “revenge porn” (being any sexually explicit material featuring any individual who has not given prior, express, and informed consent to that material (a) being taken, captured, or otherwise memorialized; or (b) being posted and shared on the Website).
• Promote or depict firearms (excluding obvious toys), weapons (excluding obvious toys), or any goods whose sale, possession, or use is subject to prohibitions or restrictions.
• Promote or depict alcohol or drugs or drug paraphernalia.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of anyone.
• Violate any person’s legal rights (including the rights of publicity and privacy) or contain any material that could give rise to any civil or criminal liability under law or that otherwise might be in conflict with this agreement or our Privacy Policy.
• Be likely to deceive anyone.
• Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices. We do not allow User Content that promotes (a) illegal schemes (like Pyramid/Ponzi schemes); (b) businesses that promise wealth with little or no effort; (c) unregistered securities offerings (absent a legal basis); (d) illegal products or services; and (e) product or services (even if legal) using deceptive marketing practices. In addition, users must not use the Interactive Services for unsolicited direct marketing purposes.
• Promote, facilitate, or solicit prostitution, sex trafficking, or human trafficking.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy anyone.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve unauthorized commercial activities or sales, including unsanctioned contests, sweepstakes, and other sales promotions, barter, or advertising, including soliciting users for commercial ventures.
• Give the impression that they emanate from or are endorsed by us or any other person or entity if that is not the case.
• Contain viruses, worms, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, mobile device, or telecommunications equipment.
• Disclose anyone’s private or personal information without their written consent.
• Request personal information from, or disclose personal information to, anyone, including financial information, payment information, email address, telephone number, or mailing address.
• Request money from, or otherwise defraud, anyone.

Copyright Infringement.
If you believe that any User Content infringes your copyright, please see our DMCA Policy for instructions on sending us a notice of copyright infringement. It is Festivus’s policy to terminate the user accounts of repeat infringers.

Reliance on Information Posted.

The information presented on or through the Website is made available solely for general information purposes. We are not making any statement about the accuracy, completeness, or usefulness of this information. Any reliance you place on that information is strictly at your own risk. We will not be liable for any reliance placed on those materials by you or any other visitor to the Website, or by anyone who might be informed of any of its contents. This Website includes content provided by nonparties, including materials provided by other users and nonparty licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in these materials and all articles and responses to questions and other content, other than the content provided by Festivus, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect Festivus’s opinion. We are not responsible, or liable to you or any nonparty, for the content or accuracy of any materials provided by any user or nonparty.

Changes to the Website.
We may update the Materials on this Website from time to time, but the Website’s Materials are not necessarily complete or up to date. The Website’s Materials might be out of date at any given time, and we are not required to update those Materials.

Information About You and Your Visits to the Website.
For information about how we collect, use, and share your personal information, please review our Privacy Policy.

No Offsite Communications.
You must not use the Interactive Services to arrange face-to-face meetings outside the Website with any other user, including exchanging money or other consideration for sex or companionship. We prohibit any form of interaction with a user outside of the Website or the Interactive Services. If you do, you do so at your own risk, and we will not be liable to you for anything that happens outside of the Website with any user you meet on the Website.

Other Paid Services.

Purchases.
The Website includes a virtual, in-app currency (“Virtual Money”), including coins, cash, credits, tokens, or points, that you may purchase from us for “real-world” money to obtain access to certain features, content, or services. To purchase Virtual Money, you must be a legal adult in your jurisdiction of residence. Pricing for Virtual Money excludes any taxes or currency transmission charges, which are extra costs charged to you. Other than a limited, personal, revocable, nontransferable, nonsublicensable license to use the Virtual Money as part of the Website, you have no interest in or to any Virtual Money appearing or originating on the Website, or any other attributes associated with the Website or stored within the Website. We may manage, regulate, control, modify, or eliminate that Virtual Money, and we will have no liability to you or anyone for exercising those rights. We prohibit transfers of Virtual Money unless explicitly authorized on the Website. Except as provided in this agreement, you must not sell any Virtual Money for “real-world” money or otherwise exchange those items for value. Any attempt to exchange Virtual Money for actual currency, other than following the process established by us, violates this agreement and may lead to a lifetime ban from the Website and possible legal action. We may expire part of your Virtual Money if no Transaction Activity is detected on your account for 180-consecutive days. “Transaction Activity” means any action that uses Virtual Money. We will use reasonable efforts to notify you by email before expiring or deducting Virtual Money from your account. On determining that there has been no Transaction Activity on your account for 180-consecutive days, every 30 days afterwards we will deduct 10% of the Virtual Money in your account on a straight-line basis (i.e., the same amount every 30 days if you continue to stay inactive). We will make deductions first to free Virtual Money (if any), then to Virtual Money that you have bought from us. To avoid expiration or deduction of your Virtual Money, all you have to do is log in to the Website and use any of your Virtual Money. When you use your Virtual Money, we will stop making further deductions of Virtual Money from your account, but you will not be entitled to restoration of any Virtual Money that has been previously deducted from your account. If you delete your account or if we terminate your account for breach of this agreement, you will lose any accumulated Virtual Money.

Payment.
We accept payment through our payment processor through the payment methods identified on the Website at checkout. You must have a valid accepted form of payment to purchase Virtual Money. You must comply with any relevant terms of service or other legal agreement that governs your use of your chosen payment method. You hereby authorize us to supply your payment card details to a third-party payment processor to process your payment. Prices may change at any time, and we do not offer price protection or refunds for a price reduction or promotional offering. Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank. We are not responsible for paying any charges or fees imposed by your payment card provider or bank. It is your responsibility to check the price before purchasing Virtual Money. We will charge your payment method for the price listed along with any additional amounts relating to applicable taxes, bank fees, and currency fluctuations.

Taxes.
You are responsible for any federal, national, state, provincial, or local sales or use taxes, value-added taxes (VAT), or similar taxes or fees payable with your purchase. If you do not pay those taxes or fees on a transaction, you will be responsible for those taxes or fees if they are later found to be payable on that sale, and we may collect those taxes or other fees from you at any time. If we must collect or pay any taxes with your purchase, we will charge you those taxes at the time of each purchase transaction.

Refund Policy.
All sales and transactions are final. Payments are nonrefundable and fully earned on receipt. There are no refunds or credits for unused Virtual Money. If there is a technical error on the Website, we will work with you to resolve it. We may approve a refund in the form of a credit on request if exceptional circumstances exist. If you believe exceptional circumstances exist for a refund, please email us at support@festivusmedia.com and explain the circumstances you think merit a refund. We are not making any promise that we will offer you a refund. If we issue a refund at our sole discretion, we will issue that refund in the form of either a credit to your Virtual Money balance or the payment method you used for your purchase. We will not make refunds in the form of cash, check, or free services. The provision of a refund in one instance does not entitle you to a refund in the future for similar instances, nor does it require us to issue refunds in the future under any circumstance.

Chargeback Policy.
We carefully investigate all chargebacks. You must not make unjustified chargeback requests from your payment card provider for any transaction between you and Festivus. You will remain responsible for the consequences caused by that breach of contract. We will review excessive and potentially fraudulent chargeback requests and we may prevent you from making additional purchases during that review. If we determine that any chargeback request is fraudulent or was made by you in bad faith, we may suspend or terminate your account or any future account you create.

Billing Errors.
If you believe that we have charged you in error, you must notify us in writing no later than 30 days after receiving the billing statement in which the error first appeared. If you do not let us know in writing of an error within this period, you waive any disputed charges. You must submit any billing disputes by email to us at support@festivusmedia.com, including a detailed statement describing the nature and amount of the disputed charges. We will correct any mistakes in a bill and add or credit them against your future payments. If we consider that any billing dispute made by you was made in bad faith, we may suspend or terminate your user account (or any future user account you create).

Linking to the Website and Social Media Features.

You may link to our homepage or your profile page, on condition that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:

• Link from your own or certain nonparty websites to certain content on this Website.
• Send emails or other communications with certain content, or links to certain content, on this Website.
• Cause limited parts of content on this Website to be displayed or appear to be displayed on your own or certain nonparty websites.

You may use the features set out in section 19.2 solely as they are provided by us solely for the content they are displayed with, and otherwise under any additional terms we provide for those features. Subject to the preceding, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Website or parts of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Website other than the homepage or your profile page.
• Otherwise take any action regarding the materials on this Website that is inconsistent with any other provision of this agreement.
• The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in this agreement.
• You must cooperate with us in causing any unauthorized framing or linking immediately to stop. We may withdraw linking permission without notice.
• We may disable any social media features and any links at any time without notice.

Links from the Website.
If the Website contains links to other sites and resources provided by nonparties, those links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that might arise from your use of them. If you decide to access any of the nonparty websites linked to this Website, you do so entirely at your own risk and subject to the terms of use for those websites.

Warranty Disclaimers.

Festivus provides the Website “as is” and “as available.” You use the Website at your own risk.
You must provide your own device and internet access. Except as set out in this agreement, and to the extent permitted by law, Festivus is not making any warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. Among other things, Festivus is not making any warranty (1) that the Website, or any part of it, will be available or permitted in your jurisdiction, uninterrupted or error-free, completely secure, or accessible from all devices or browsers; (2) that we will host, make available, or remove any specific piece of User Content; (3) concerning any User Content posted by or actions of our users; (4) that any geo-filtering or digital rights management solution that we might offer will be effective; (5) that the Website will meet your business or professional needs; (6) that we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or (7) concerning any third-party websites and resources. The disclaimers of warranty under this section also apply to our subsidiaries, affiliates, and third-party service providers. The above does not affect any warranties that cannot be excluded or limited under law.

Limit of Liability.

To the extent permitted by law, (a) Festivus is not liable to you for any indirect, incidental, special, consequential, punitive, or exemplary damages, including damages for loss of business, profits, goodwill, data, or other intangible losses, even if Festivus has been advised of the possibility of those damages; and (b) Festivus’s total liability to you will not exceed the amounts paid by you to Festivus over the 12 months preceding your claim(s) or US$500, whichever is greater. In this section 22, “Festivus” includes its subsidiaries, affiliates, officers, managers, employees, agents, and third-party service providers. The limit of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the Website. The above does not affect any liability that cannot be excluded or limited under law.

Indemnification.
You shall indemnify us against all losses and liabilities, including legal fees, that arise from this agreement or relate to your use of the Website, including your submission of User Content. We reserve the right to exclusive control over the defense of a claim covered by this section. If we use this right, then you will help us in our defense. Your obligation to indemnify under this section also applies to our subsidiaries, affiliates, officers, managers, employees, agents, and third-party service providers.

Governing Law and Jurisdiction.

Dutch law governs all adversarial proceedings arising out of this agreement or access or use of the Website. This agreement’s predominant purpose is providing services and licensing access to intellectual property and not a “sale of goods.” The United Nations Convention on Contracts for the International Sale of Goods will not govern this agreement, the application of which is expressly excluded. Except for disputes subject to arbitration, as the exclusive means of bringing adversarial proceedings to resolve any dispute arising out of this agreement or the subject matter of this agreement, a party may bring such a proceeding in the courts of the Netherlands. Each party acknowledges that those courts would be a convenient forum.

Arbitration; Class Action Waiver.

You and Festivus hereby waive any right to litigate claims in a court or before a jury, or to participate in a class action or representative action regarding a claim. Other rights that you would have if you went to court may also be unavailable or might be limited in arbitration. Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) between you and us arising from or relating in any way to your use of the Website, will be resolved exclusively and finally by binding arbitration. Arbitration Resolution Services, Inc. (ARS) (or a similar online dispute resolution provider if ARS is not available) will administer the arbitration under its rules available at www.arbresolutions.com, then in effect, except as modified by this section 25. The Federal Arbitration Act will govern the interpretation and enforcement of this section 25. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award from the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party legal fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intent to do so within 60 days of the date your claim arose. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy. You agree to arbitrate on an individual basis. In any dispute, neither you nor Festivus will be entitled to join or consolidate claims by or against other users in court or in arbitration or otherwise participate in any claim as a class representative, class member, or in a private attorney general capacity. The arbitral tribunal will not consolidate more than one person’s claims and will not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this section 25 is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

Recovery of Expenses.
In any proceedings between the parties arising out of this agreement or relating to the subject matter of this agreement, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses.

Limitation on Time to Bring Claims.
A party shall not bring a claim arising out of this agreement or access or use of the Website more than one year after the cause of action arose. Any claim brought after one year is barred.

Miscellaneous.

Entire Agreement.
This agreement constitutes the entire understanding between the parties regarding the subject matter of this agreement and supersedes all other agreements, whether written or oral, between the parties, except that any additional terms on the Website will govern the items to which they pertain, including, but not limited to, the Privacy Policy, the DMCA Policy, and the Complaint Policy.

Assignment.
This agreement is personal to you. You shall not transfer to any person (1) any discretion granted under this agreement, (2) any right to satisfy a condition under this agreement, (3) any remedy under this agreement, or (4) any obligation imposed under this agreement. Any purported transfer by you in violation of this section 28.2 will be void.

Waiver.
No waiver under this agreement will be effective unless it is in writing and signed by the party granting the waiver. A waiver granted on one occasion will not operate as a waiver on other occasions.

Severability.
If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.

Notices.

Notice to Us.
You may give notice to us by email at support@festivusmedia.com or by mail at Festivus Media BV, Attn: Legal Department, [Festivus Media, Bezuidenhoutseweg 161, 2594AG, Den Haag, The Netherlands]. We may change our contact information on one or more occasions by posting the change on the Website. Please check the Website for the most current information for notifying us.

Notice to You—Electronic Notice.
You consent to receive any notice from us in electronic form either (1) by email to the last known email address we have for you or (2) by posting the notice on a place on the Website chosen for this purpose. You state that any email address you gave us for contacting you is a valid email address for receiving notice.

No Third-Party Beneficiaries.
Except as set out in section 23, this agreement does not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.

Electronic Communications Not Private.
We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to us or from us as open communications readily accessible to the public. You should not use the Website to send or receive messages that you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to or through the Website regardless of whether they are the intended recipients.

Recording Communications.
We may record communications conducted or initiated using the Interactive Services including all chat, messages, email, and other forms of communications. We use recorded data obtained to evaluate the Website, to monitor compliance with this agreement, for quality assurance purposes, and to promote the Website. You may opt out of our use of any recording for marketing purposes by sending an email to privacy@festivusmedia.com and putting “Recording Opt-Out” in the subject of the email.

Electronic Signatures.
Any affirmation, assent, or agreement you send through the Website will bind you. When you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

Feedback.
We encourage you to provide feedback about the Website. But we will not treat as confidential any suggestion or idea provided by you, and nothing in this agreement will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.

Consumer Rights Information—California Residents Only.
This section 28.11 applies only to California residents. In compliance with section 1789 of the California Civil Code, please note the following:

Complaints—California Residents Only.
You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.

Your Comments and Concerns.
The Website is operated by Festivus Media BV, Bezuidenhoutseweg 161, 2594AG, Den Haag, The Netherlands. All notices of copyright infringement claims should be sent to the copyright agent designated in our DMCA Policy in the manner and by the means set out in it. All abuse notices, including alleged child sexual abuse material (CSAM), should be directed to abuse@festivusmedia.com. You should direct all other feedback, comments, requests for technical support, and other communications relating to the Website to us at support@festivusmedia.com.