Terms & Conditions of Use

Last Revised May 31, 2011

Welcome to www.PsychicsLive.com ("Website" or "Site"). PsychicsLive™ is an online portal to live psychic performers that is owned and operated by VS Media, Inc., a California corporation (hereinafter "Company"). The specific features and functionality of the Website are subject to change or termination by the Company without notice.

The Parties to this Agreement (referred to below as "Agreement" or "Terms of Use") are the Company and you ("You" and grammatical variations thereof), a user of the Website and/or services provided by the Company. As used in this Agreement, the terms "we", "us", "our" and variants thereof are used interchangeably to refer to the Company (sometimes also referred to as PsychicsLive™).

This Agreement sets forth and contains terms and conditions for Your use of the PsychicsLive™ website ("Website" or "Site"), any and all services provided in, at, through or in association with, the Website and/or PsychicsLive™ (hereinafter referred to as the "Service" or "Services"), including, without limitation, access to live performers and performances provided by such live performers, in, at, through or in association with, the Website or otherwise in association with PsychicsLive™.

By granting You a license to further access to and use the PsychicsLive™ website ("Website" or "Site") and/or services available at, through, or in association with the Website, and for other good and valuable consideration, the sufficiency of which is acknowledged by You, You hereby agree to be bound by all the terms and conditions set forth in this Agreement, our Privacy Policy [Please insert link to Privacy Policy and remove this notice before publishing] and all other rules, regulations, notices, codes of conduct, and other terms of use posted on the Website or otherwise communicated to You.

You must agree to the terms of this Agreement before the Company will grant You authorized access to Company's computers, servers and computer databases to access live performances and/or copies of photographs, video, text or graphics offered through, or in association with, PsychicsLive™. You acknowledge and agree that if You do not agree to all the terms and conditions, set forth in this Agreement, You will not be authorized to access live performances or any other Content offered through PsychicsLive™ or use the Website, nor will You have permission to access (i) live performers providing entertainment performances via PsychicsLive™, or any computers, servers or databases hosting the Website or any content associated with PsychicsLive™ or (iii) any Services offered by the Company.

You expressly acknowledge and agree that You will be deemed to have manifested Your assent and agreement to this Agreement in its entirety by any act that reasonably demonstrates Your assent and/or agreement to this Agreement, including, without limitation

by clicking any "acceptance" or "I agree" button, or the like, or any other link in association with this Agreement in which the words "I agree" or any similar text appears;
by accessing and/or receiving any "Entertainment" (as that term is defined below), any show or other "Performance" (as that term is defined below) by, through or in association with the Website, or by any other use of PsychicsLive™, or any other use the Company's videoconferencing services;
or by ordering, purchasing or receiving any other Service provided by Company.

You expressly acknowledge and agree that if You agree to the terms of this Agreement by any means set forth above, this Agreement shall be a valid and enforceable contract between You and Company. You should, therefore, read this Agreement carefully.

If You do not agree to be bound by all terms of this Agreement, please click the button below in which the statement "I DO NOT AGREE" is displayed.

Definitions.
"Affiliated Content Providers" shall mean Performers, entertainers, Company's affiliate content providers, and Users that provide Content, including, without limitation, Performances, recorded materials, such as photographs, video clips, and other kinds of content, such as text and graphics, for use on, in, through or in association with PsychicsLive™, the Website, and/or one or more Services provided by Company.
"Company's Videoconferencing Service" and "Company's Videoconferencing Services" shall interchangeably mean one or more services provided by Company to enable live audiovisual feeds of Live Performances and/or other Live Content created by Performers and/or others to be transmitted over the Internet to properly configured computer system(s).
"Content" shall mean, Entertainment and Performances of any and all kinds, including, without limitation, live online Psychic Entertainment performances, live "video chat", and any and all other live content and recorded content of every kind, including, without limitation, digitized copies of photographic, videographic, audio, audiovisual, haptic, graphical and textual works.
"Entertainment" shall mean shall Live performances, shows, video chat and other communications, including, without limitation, the providing of "psychic" readings and other Psychic Entertainment, including without limitation, fortune telling, tarot card readings, astrological consultation, numerological consultations, and the like, for entertainment purposes only. The term "Entertainment" shall also include any and all modeling, posing, acting, dancing, singing, teaching, role playing, game playing, speaking and any and all other kinds of performances, shows and other communications.
"Live" and "live" shall interchangeably mean "in real time" or substantially in real time notwithstanding any delays due to network latency or other delays that might occur as the result of transmission over the Internet or otherwise in association with the use of one or more of Company's Videoconferencing Services or any other Service provided by the Company.
"Live Content", "Live Performance" and "Live Performance Content" shall interchangeably mean any and all Live shows, modeling, posing, dancing, teaching, providing of Psychic Entertainment, and any and all other types of Entertainment, Performances or other communications that are transmitted Live by or through the use of one or more of Company's Videoconferencing Services or any other service provided by the Company, including, without limitation, all ephemeral transmissions of such Live performances, Entertainment and other communications.
"Performance" and "Live Performance" shall interchangeably mean any and all Entertainment and/or other communications, including, without limitation, any and all providing of Psychic Entertainment, conversations, and all other types of Entertainment, in which one or more Performers, other entertainers, and/or other persons, render such Entertainment or other communications, or are otherwise depicted, that are transmitted, broadcast or otherwise provided via the Internet, any other computer network, or by any other means, Live, in whole or in part, by or through the use of, or associated with, one or more of the Company's Videoconferencing Services.
"Performer" shall mean a person performing in, creating, producing or otherwise providing, a Performance for broadcast, transmission or availability by or through the use of Company's Videoconferencing Services. The term "Performer" shall also include any and all persons that appear in Live Content, and all persons that use of one or more of the Company's Videoconferencing Services, and/or any of the Company's other services, to provide, transmit, broadcast or otherwise make available one or more Performances through the use of one or more of the Company's Videoconferencing Services.
"Psychic Entertainment" shall mean performances, shows, conversations, readings and other communications or activities provided by one or more Performers or other entertainers portraying themselves in the character of a "psychic", fortune teller, astrologer, futurist, or similar role. The term "Psychic Entertainment" shall also include, without limitation, any other providing of "psychic", numerological, astrological or other personal readings, astrological consultations, predictions, fortune telling, tarot card readings, and the like.
"PsychicsLive™" shall mean the service and program known as "PsychicsLive™" accessible at or through www.psychicslive.com and numerous other websites.
"Service" and "Services" shall interchangeably mean any and all services provided in, at, through or in association with, the Website and/or PsychicsLive™, including, without limitation, services that provide You and other Users access to live Performers and Performances provided by such live Performers, in, at, through, or in association with, the Website, PsychicsLive™, and/or the use of one or more of Company's Videoconferencing Services.
"Users" or "Members" shall mean other authorized users of the Website, including, without limitation, members of PsychicsLive™ and recipients of Services associated therewith.
"Your Content" shall mean Live Content and any and all other Content of any kind that You provide to the Company during the Term of this Agreement, if any. The term "Your Content" shall include any and all written, oral, and/or visual communications by You, including, without limitation, depictions of You that You provide to Performers. You acknowledge and agree that if You select any option provided by the Company to record Your oral and/or visual communications with a Performer, that You shall be granting the Company the right to record all such oral and/or visual communications, store them on server(s) and provide You with one or more copies thereof. You acknowledge and agree that each item of Your Content You provide to the Company, or use in association with any of the Company's Videoconferencing Services, including, without limitation, text and other communications with Performers, other entertainers, and other Users, shall automatically be nonexclusively licensed by You to Company for any and all uses now known or hereinafter invented.
IT IS VERY IMPORTANT THAT YOU COMPLETELY READ THIS AGREEMENT BECAUSE BY YOUR ACCESSING OR USE OF PSYCHICSLIVE™, ACCESSING, VIEWING OR DOWNLOADING CONTENT FROM ANY PSYCHICSLIVE™ WEBSITE, OR YOUR USE OF ANY OF COMPANY'S VIDEOCONFERENCING SERVICES, OR ANY OTHER SERVICES PROVIDED BY THE COMPANY, YOU WILL BE EXPRESSLY SIGNIFYING THAT YOU AGREE TO ALL THE FOLLOWING TERMS, CONDITIONS AND OTHER PROVISIONS, SET FORTH IN THIS AGREEMENT.
The Company reserves the right to change, modify, add, or delete portions of these Terms and Conditions of Use at any time without prior notice. We will post modified versions of this Agreement on the Website by making such modified version accessible via Our "Terms and Conditions", "Terms of Use" (or similar terminology) link. We will indicate at the top of the current version of these Terms of Use the date these Terms of Use were last revised. You expressly agree that Your use of the Website or any Service after any such revision shall constitute Your full, unconditional and irrevocable acceptance of the new revised Terms of Use. If You do not wish to agree to be bound by revisions to these Terms of Use, do not use or access (or continue to use or access) PsychicsLive™, the Website, and Services, and notify the Company that You are terminating Your Agreement with Us. You expressly acknowledge and agree that it is, and at all times shall be, Your sole responsibility to regularly check the Website to determine if there have been changes to these Terms of Use and to carefully review all such changes.
1

Important Disclaimers.
1. 1.1
  
  Entertainment Only. All Services provided in, at, through, and in association with PsychicsLive™ are for entertainment purposes only.
2. 1.2
  
  Company Does Not Manage Or Control Performers. Company is not involved in any transactions between You and the Performers, who are all independent contractors. Company does not control the Performances provided by Performers or the quality, relevance or accuracy of any Performance or other service provided by Performers. Company does not verify the skills, degrees, qualifications, credentials, licenses or backgrounds of any Performers and Company makes no representations regarding whether any Performer is qualified to provide the specific Psychic Entertainment that the Performer offers. You are therefore, strongly encouraged to independently verify the skills, degrees, qualifications, credentials, licenses, and backgrounds of each Performer from whom You seek to receive a Performance or other communication.
3. 1.3
  
  No Representations Or Warranties Regarding Performers. Without limiting the foregoing, Company makes no representation or warranties of any kind whatsoever as to:
4. (a) the willingness or ability of any Performer to provide any particular kind of Performance or to give any advice of any kind,
5. (b) whether You will find any Performance, advice or other communication provided a Performer satisfactory or to Your liking, or
6. (c) whether a Performer's Performance for You, or a Performer's communication with You, will be pleasant, suitable for any of Your needs, responsive to any of Your requests, or meet any of Your expectations.
7. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE COMPANY DOES NOT REFER, ENDORSE, RECOMMEND, VERIFY, EVALUATE OR GUARANTEE ANY PERFORMANCE, INFORMATION, COMMUNICATION, OR ANY SERVICE PROVIDED BY ANY PERFORMER OR ANY USER OF SERVICES PROVIDED BY THE COMPANY, AND NO COMMUNICATION OR ACTION BY THE COMPANY OR ITS AGENTS SHALL BE CONSIDERED UNDER ANY CIRCUMSTANCES TO BE A REFERRAL, ENDORSEMENT, RECOMMENDATION OR GUARANTEE OF ANY PERFORMER OR ANY PERFORMER'S PERFORMANCE, INFORMATION, COMMUNICATION OR SERVICE. COMPANY DOES NOT WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY OF ANY PERFORMANCE OR CONTENT PROVIDED BY, OR ANYTHING OTHERWISE SAID, WRITTEN OR OTHERWISE COMMUNICATED BY, ANY PERFORMER, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION CONTAINED IN ANY PERFORMER BIOGRAPHY OR LISTING. YOU EXPRESSLY AGREE THAT NEITHER COMPANY NOR ANY OF COMPANY'S PRINCIPALS, AGENTS, ATTORNEYS, AFFILIATES, LICENSEES, SUCCESSORS AND/OR ASSIGNS SHALL BE LIABLE FOR ANY DAMAGES SUSTAINED BY YOU OR ANY OTHER PERSON DUE TO RELIANCE BY YOU OR ANY OTHER PERSON ON ANY SUCH PERFORMANCE, ON ANY ADVICE, OR ON ANY OTHER COMMUNICATION PROVIDED BY ANY PERFORMER.
8. 1.4
  
  Company Assumes No Responsibility For Performers. Without limiting the foregoing, You acknowledge that Performers are not agents or employees of the Company and the Company assumes no responsibility for any act or omission of or by any Performer. Opinions of Performers are solely their opinions, and not those of Company. Company does not assume any liability or responsibility for the accuracy of any Performer's communications to You, or for the accuracy of any Performer's opinions, biographical information, qualifications, credentials or other data. Company does not assume any liability or responsibility for damage or injury to persons or property arising from the use of any information communicated by Performers.
9. You also expressly acknowledge and agree that You will at all times take full responsibility for the decision to seek Psychic Entertainment through PsychicsLive™ and that the role of Company is strictly limited to providing access to Performers and their Performances. You hereby release and agree to hold harmless Company, its directors, officers, employees, agents, successors, advisors, consultants, and assigns from any and all causes of action and claims of any nature resulting from any and all acts and omissions by or of Performers accessible in, at, through, or in association with, the Website, PsychicsLive™, and/or any other Services provided by the Company.
10. IF YOU ARE SEEKING MEDICAL OR PSYCHOLOGICAL ADVICE, OR IF YOU ARE THINKING ABOUT SUICIDE OR FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, PLEASE IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.
2

Reaffirmation of These Terms of Use Each Time You Use The Website or Service. You hereby acknowledge and expressly agree that each time You use the Website or any Service provided by the Company, by doing so You will be simultaneously agreeing to the then-current version of this Agreement and reaffirming these Terms of Use. You are strongly advised to click on the "Terms and Conditions", "Terms of Use", or similarly labeled link each time You visit Our Website and review the current version of this Agreement as You hereby expressly acknowledge and agree that that these Terms of Use may be amended at any time by Us and that it is Your sole obligation and responsibility to check for any and all amendments to these Terms of Use.
3

Grant Of Limited License To You For Non-Commercial Entertainment Use.
1. 3.1
  
  Grant Of Revocable Limited Single-User License. In consideration of (a) Your representations, warranties and acknowledgments in this Agreement (b) payment of any and all membership fees and other fees charged by Company to access and use the Website, PsychicsLive™, and/or any Services provided to You by Company, the Company hereby grants You, and subject to the Terms of this Agreement, a limited and revocable single user license to access its computer servers and databases to use and enjoy the Website, PsychicsLive™, and other Services offered to You, for non-commercial entertainment purposes only.
2. 3.2
  
  No Third-Party Use Of Your License. You agree that You will not permit any other person(s) to access the Website or any Performance, or use PsychicsLive™ or any other Service through the use of any license granted to You by the Company.
3. 3.3
  
  Access Authorized For Your Personal Enjoyment And Entertainment Purposes Only. You expressly acknowledge and Each time You access the Website or any Performance or use PsychicsLive™ or any other Service provided by the Company, You will be doing so knowingly and voluntarily for Your own personal enjoyment and entertainment only. You expressly acknowledge and agree that the Services provided in, at, through, and in association with, PsychicsLive™, including without limitation, all Performances, and all other communications with Performers, are not, and shall not be used as, advice of any kind. You expressly acknowledge and agree that all such Services, including all Performances, and all information provided to You by Performers, are for entertainment purposes only.
4. 3.4
  
  Single Copy Authorization. If any parts of the Website, PsychicsLive™, and/or one or more Services provide You with permission to download Content, You hereby acknowledge and agree You may make a single copy of such Content for Your own personal noncommercial entertainment use and enjoyment. You hereby acknowledge that You may not, and You expressly agree that You will not, use any Content provided to You by Company and/or any Affiliated Content Providers for any commercial purpose whatsoever.
5. 3.5
  
  You May Not Re-Publish Any Parts Of The Website, PsychicsLive™, Or The Services offered By The Company. You acknowledge and agree that You may not, and will not, re-publish or otherwise provide any parts of the Website, PsychicsLive™, the Services offered by the Company, and/or any Content provided by Affiliated Content Providers, to any other person without express prior written authorization from the Company. For purposes of clarity, prohibited uses of Content provided to You by the Company and/or Affiliated Content Providers include, without limitation, emailing, messaging, blogging, posting on "tube" websites, or otherwise publishing or disseminating any of the Company's and/or Affiliated Content Provider's Content, in whole or in part. The foregoing prohibition includes, without limitation, (a) any publishing of such Content on any web page, including on any personal web page You may own or be affiliated with, including any Face Book® page, MySpace® page, and/or (b) any publishing or other dissemination of such Content by any other social networking means, such as by Twitter®. You acknowledge and agree that the foregoing prohibitions apply regardless of whether any of the aforementioned uses are commercial or non-commercial. You further acknowledge and agree that any and all such unauthorized use will constitute intentional copyright infringement, and that You will not contest that such use shall be deemed to be intentional infringement.
6. 3.6
  
  Nontransferable License. You acknowledge and agree that You shall not, at any time or under any circumstances, have the right to transfer or assign Your license to use PsychicsLive™, the Website, any of the Services offered by the Company, or any Content provided by the Company and/or any Affiliated Content Providers. You further acknowledge and agree that any attempted transfer or assignment of Your license or any rights relating thereto shall be invalid and void from the beginning.
4

Termination of Your License To Use Website. You acknowledge and agree that We may, in Our sole discretion, terminate or suspend Your access to any and all parts of the Website, PsychicsLive™, and/or any and all Services, at any time, with or without notice, for any reason, including, without limitation, for any breach of this Agreement by You. Without limiting the generality of the foregoing, any suspected or actual fraudulent, abusive, or otherwise illegal activity by You or any person or entity associated with You shall be indisputable grounds for termination of Your access to all or part of the Website, PsychicsLive™, and/or any and all Services, at Our sole discretion. You hereby acknowledge and agree that Company may refer You and all such suspected and/or actual activities to appropriate law enforcement agencies in Company's sole and unquestioned discretion. If Your access to all or part of the Website, PsychicsLive™, and/or any and all Services is suspended or terminated, You hereby acknowledge and agree that We may also block Your computer's ability to access any and all of Our other websites and services. Company shall at all times retain the right to recommence any and all suspended or terminated Services it elects.
5

Payment of Membership Fees, Time Tokens, and Other Fees You Incur In Association With Your Use of PsychicsLive™, the Website, and/or any and all Services Provided To You. All financial interactions between You and Performers shall be billed through Company. You hereby agree that You will timely pay all charges that You incur in association with Your use of to PsychicsLive™, the Website, and/or any and all Services provided to You, including, without limitation, all charges You incur to receive Psychic Entertainment and/or other Performances. Please click to see a current list of fees associated with PsychicsLive™. You hereby provide consent to Company to collect and process any and all personal and/or financial information required to collect fees and other payments from You in association with Your use of PsychicsLive™, the Website, and/or other Services provided to You by Company.
1. 5.1
  
  Billing Increments. Time charges to billed to Your account for Performances are generally based on increments of a minute as measured on Company's and/or the Performers' computers. Charges to You are rounded up so that any part of a minute is considered a full minute of time charges.
2. 5.2
  
  Billing Disputes Must Be Brought To Company's Attention Within Six Months. If You think that a mistake has occurred regarding Your account, You must contact Us at customerservice@vs.com within six (6) months of the subject transaction. You acknowledge and agree that six (6) months after a transaction has occurred, the subject transaction shall be deemed to be final and absolutely incontestable.
6

Adults Only. Minors many not use or participate in PsychicsLive™, order or receive any Performances, or access any of the Company's computers to obtain copies of Content provided by the Company and/or Affiliated Content Providers in association with PsychicsLive™. Only adults may place orders for products or Services advertised or available in, at, through, or in linked association with, PsychicsLive™, the Website, Company's Videoconferencing Services or any other Services provided by the Company and/or Affiliated Content Providers. All persons under the age of eighteen (18) years, and all persons who are otherwise not adults, are strictly forbidden from accessing any parts of the Website, except for the Website's home page, any of our computers or databases on which the non-home page parts of the Website are hosted, and from accessing any and all other websites linked to, or otherwise associated with, PsychicsLive™ that are explicitly or implicitly indicated, or otherwise intended to be for, "adults only".
7

Use In Accordance With This Agreement Only. You acknowledge and agree that You may only access, view, download, receive or use materials, including, without limitation, Performances, available at, in, through or in association with, the Website, PsychicsLive™, or Services provided by the Company, only in accordance with these Terms of Use, any and all subsequent revisions hereof, any and all other restrictions posted on the Website and/or published in association with PsychicsLive™, and/or one or more Services.
8

No Use Of Our Services To Obtain Advice. You will not use the Website, PsychicsLive™, any Services provided to You by the Company to seek or obtain any medical, psychological, legal, business, career or educational information upon which You intend to, can, or will, detrimentally rely. You expressly acknowledge, that PsychicsLive™ and all Services provided by the Company are provided for entertainment purposes only.
9

No Use Of The Website, PsychicsLive™, Performances, Or Any Services Where Prohibited By Law. You expressly agree and warrant that You will not access, download, or otherwise use the Website, PsychicsLive™, or any Service provided to You by the Company, and/or any Performance or other Content, where such accessing, downloading and/or other use, is(are) prohibited by law. You further expressly agree and warrant that You will not solicit or request, or allow to be provided to You, any Performance or other service by a Performer that is prohibited by law, including without limitation, any Performance or other service that is prohibited in the jurisdiction in which You are located or in which the Performer is located.
10

Code Of Conduct. You agree, warrant and covenant that You will use the Website, PsychicsLive™, and any and all Services provided to You by the Company in accordance with the following Code of Conduct. You acknowledge and agree that We may terminate Your right to use or access the Website, PsychicsLive™, and any and all Services provided to You by the Company for violating any of these provisions:
1. 10.1
  
  No Illegal Use Or Offensive Behavior. You will not use the Website, PsychicsLive™, any Services provided to You by the Company or any Content provided to You by the Company and/or any Affiliated Content Providers to engage in any form of illegal conduct, any harassment or any offensive behavior, including but not limited to any harassment of, or inappropriate behavior toward or in relation to, any Performer, any other User and/or the Company.
2. 10.2
  
  No Improper Posts Or Uploads. You will not post or upload to the Website, or disseminate in any manner in regard to any Performance or Service, any communication of any kind that comprises or contain libelous, slanderous, abusive or defamatory statements or any other communications that comprise or contain any racist, obscene or offensive language, depictions or other communications, or any illegal matter.
3. 10.3
  
  No Infringement Of Other Persons' Rights. You will not use the Website, PsychicsLive™, any Services provided to You by the Company or any Content provided to You by the Company and/or any Affiliated Content Providers to infringe the privacy rights, property rights, including intellectual property rights, or any other rights of any person or entity, including, without limitation, any Company's rights, Affiliated Content Providers' rights, or any other User's rights.
4. 10.4
  
  No False Affiliations. You will not impersonate any person or entity, or make any false statement regarding Your affiliation with any person or entity.
11

Passwords, Member Names and User Names.
1. 11.1
  
  Your Duty To Maintain Password Confidentiality. Any and all passwords, member names and user names that are issued to You by the Company or generated by You for, or in association with, Your use of the Website, PsychicsLive™, any Service, and/or any Content provided by the Company and/or one or more Affiliated Content Providers, are for Your exclusive individual use only. Any sharing or publication of passwords or any other methods of unauthorized access to the Website with any other person is strictly forbidden.
2. You acknowledge and agree that You are, and shall at all times be, solely responsible for maintaining the confidentiality of Your member name(s), user names, and all passwords. You acknowledge and agree that You are solely responsible for all use of You member name(s) and passwords, whether or not any unauthorized use by a third party has been authorized by You. So guard Your member name(s) and passwords carefully.
3. 11.2
  
  Company Encourages You To Frequently Change Your Password. Company encourages You to change You password frequently (e.g., once a month). You agree that Company shall not be liable for any loss that You incur as a result of someone else using Your account or Your password, either with or without Your knowledge. You acknowledge and agree that You may be held liable for any and all losses incurred by Company and/or Affiliated Content Providers due to someone else's use of Your account or password.
4. 11.3
  
  Your Duty To Notify Us If You Learn About Unauthorized Activity Associated With Your Account. You agree to immediately notify Us of any unauthorized use of Your member name(s), user name(s), Your password(s) or Your account. You agree to pay all charges that accrue to, and/or in association with, Your account unless such use is clearly fraudulent through no direct or indirect actions or omissions by You or negligence on Your part. If You use one or more passwords, a member names or user names that the Company considers to be insecure, the Company shall be entitled to change, cancel or terminate such password(s), member name(s) and/or user name(s) and/or terminate Your authorized access to password protected areas.
12

Access By One Computer At A Time. You will not try to simultaneously access the Website via more than one (1) computer at time under Your username and password. You acknowledge and agree that Your license to use the Website, PsychicsLive™, and the Services offered by the Company is limited to access by You via one (1) computer at a time under Your username and password.
13

Areas From Which You May Not Request Or Receive Psychic Entertainment. As a material condition to the granting of the license to You to access and use the Website, PsychicsLive™, and other Services provided in association therewith, You agree and warrant that You shall at no time request or access Psychic Entertainment from PsychicsLive™ or any Performer while You are in any of the following states or countries: Pennsylvania or any other state, country or other jurisdiction in which the providing or receiving of any services comprising or similar to Psychic Entertainment are prohibited by law.
14

Prohibited Areas From Which Sexual Content In The Website, Performances, Or Other Services May Not Be Accessed. As a material condition to the granting of the license to You to access and use the Website, PsychicsLive™, and other Services provided by the Company, You agree and warrant that You shall at no time access, view, download, receive, or otherwise use, cause or enable others to access, view, download, receive or otherwise use, in any geographic locations that are identified by the Company as "Prohibited Areas", any parts of the Website, any Performance, or any other Content directly or indirectly associated with PsychicsLive™ in which there are actual or simulated sexual depictions or other sexual communications. Company expressly prohibits access to, and use of, its computers, databases, and Services for any such accessing, viewing, downloading, receipt or other use of such actual or simulated sexual depictions in all of the following Prohibited Areas:
1. 14.1
  
  Prohibited Areas In The United States. Prohibited Areas in the United States are those areas corresponding to United States Postal Service zip codes identified in the following list by the first three digits of the zip code: CLICK TO SEE PROHIBITED AREAS IN THE UNITED STATES (e.g., 846 would include all zip codes commencing with 846, such as 84603, 84606, etc.)
2. 14.2
  
  Prohibited Areas Outside The United States. All parts of the following countries are also Prohibited Areas: Afghanistan, Algeria, Chad, Germany, Kuwait, Indonesia, Iran, Iraq, Jordan, Lebanon, Libya, Micronesia, Morocco, North Korea, Pakistan, The Sudan, The People's Republic of China, The Republic of China, Singapore, Saudi Arabia, Somalia, Syria, The United Arab Emirates, Yemen, all areas subject to Sharia law, and all locations within the territories of every political entity in which accessing, viewing, downloading, dissemination of, or other use of the sexual materials depicted is prohibited by law or would otherwise constitute a violation of any regulation, rule or custom.
15

Unauthorized Access To Our Computers Is Prohibited By Law. You hereby acknowledge that You understand, and that You hereby agree, that (i) any access to PsychicsLive™, the Website, any Performances or other Services by a minor, or (ii) any access to actual or simulated sexual Content in, at, on or in association with PsychicsLive™ Website, any Performances or other Services by any person located in a Prohibited Area, or (iii) any request by You for, or access to, Psychic Entertainment via the PsychicsLive™ Website, any Performances or other Services while You are in any state or country listed in Paragraph 13, shall each constitute unauthorized accessing of the Company's computers and databases in excess of the authorization granted to You by the Company. You expressly acknowledge and agree that any and all such unauthorized access may violate state, federal and foreign laws, including, without limitation, The Electronic Communications Privacy Act, 18 U.S.C. §§ 2701-2710, The Computer Fraud and Abuse Act, 18 U.S.C. § 1030 and The California Comprehensive Computer Data Access and Fraud Act, Cal. Penal Code §502, and that such access constitutes trespass to chattels, and intentional copyright infringement(s) of the Company's and/or one or more Affiliated Content Providers' copyrights in the Content owned by or licensed to the Company that is published, displayed or otherwise made available in, at or through the Website, PsychicsLive™, and/or one or more Services. You hereby acknowledge that all such Content is protected under the laws of the United States and one or more other countries. You further acknowledge that You understand that any such unauthorized access of the Website, Company Content and/or Affiliated Content Providers' Content on the Company's computers could subject You to potential criminal prosecution and substantial civil liability. For example, intentional infringement of the Company's copyright in a single photographic work or video clip timely registered with the United States Copyright Office could subject You to statutory damages of up to $150,000 per work infringed.
16

Communications Are Private Only In Areas Designated As "Private". You agree that all messages and other communications by You in public areas of the Website and Performances shall be readily accessible to and by the Company, the Company's designees, other Users receiving the subject Performances, and to other Users of, and/or visitors to, the Website, and You further agree that any and all messages and other communications by You shall not be deemed to be private unless they are in an area or feature of PsychicsLive™, the Website, and/or a Service provided to You by the Company clearly designated to be a "private" area where communications are private. You hereby acknowledge that all communications in areas not specifically designated as "private" shall be deemed to be readily and fully accessible to the general public on terms determined by the Company, and consequently should not be considered by You to be private or confidential in any way. Consequently, You should not use PsychicsLive™, the Website, and/or any Service provided to You by the Company to transmit or effect any message or communication that You desire or intend only You and the intended recipient(s) to read, view, hear or otherwise access, or that You otherwise intend to be private or secure. You also hereby acknowledge and agree that any and all messages and other communications that You communicate directly or indirectly or through Your participation in PsychicsLive™, and/or Your use of the Website or any Service provided to You by the Company, may be, at any time, be read, played and used by the Company, designees and agents of Company, law enforcement and other government officials, whether or not any of the foregoing are the intended recipient(s) of such messages or other communications.
1. 16.1
  
  Your Text Chat Box Communications With Performers And Other Users Are Not Private. Notwithstanding the foregoing You expressly acknowledge and agree that the Company shall have the right to record, store, archive, and use for security purposes, all of Your textual communications to Performers and other Users, including without limitation, all such text communications You communicate during "private" Performances via text any chat box functionality provided by the Company. You acknowledge and agree that that all such text communications by You may be received, read, viewed, and otherwise used for security purposes by the Company, and operators of the Website, law enforcement and other government officials, whether or not they are the intended recipients.
17

Optional Recordings Of Your Oral And/Or Visual Communications And Interactions With Performers. The Company may afford You the option to record Your audio and/or video communications with Performers during their Performances. You acknowledge and agree that if You select any such option provided by the Company to record Your audio and/or video communications, with a Performer, that You shall, by selecting such option, also be granting the Company the permission and rights to (i) record You, Your likeness, Your voice, Your oral and/or visual communications, and Your other interactions with the Performer during such Performance or session regarding which You have selected such recording option, (ii) store and archive such recordings and (iii) provide You with one or more copies thereof. You hereby agree that if You select such option You will execute any and all other releases and grants of rights Company deems appropriate to provide Company with the permission and rights ((i)-(iii)) set forth in the preceding sentence. You acknowledge and agree that Company may elect to charge a fee to provide You with one or more copies of such recordings. Notwithstanding the foregoing, You acknowledge and agree that Company shall be under no obligation to store or keep any recordings of You, Your likeness or Your voice that are made, and that Company may destroy any and all such recordings, at any time, at its sole election.
18

You Are Solely Responsible For All Your Communications. You acknowledge and agree that You, and not the Company, shall at all times be solely responsible and liable for all damages, liability and other consequences, foreseen or unforeseen, arising from any and all communications by You through Your direct or indirect use of PsychicsLive™, the Website, and/or any Service provided to You by the Company, including without limitation, regarding any and all audio communications, text communications, and/or all live or recorded video communications in which You are depicted, even if a claim for damages or liability should arise after termination of service to You, the termination of this Agreement or termination of PsychicsLive™.
19

Use Of PsychicsLive™, The Website, Or Any Service To Communicate With Performers Or Other Users Is At Your Own Risk. The Company does not endorse, encourage, recommend or arrange personal or social communications or meetings between Users of PsychicsLive™ and Performers or between Users. You are expected to use common sense and take appropriate measures and precautions to insure Your own personal safety and privacy in the event that You choose to communicate with, and/or meet, any person with whom You have communicated through the use of any public areas, chat areas, Performance, or other feature of PsychicsLive™, the Website, or any Service provided by the Company. You expressly acknowledge and agree that all such communications and meetings shall be at Your own risk. You acknowledge and agree that Company shall not be held responsible in any way for the outcome of any contact or meeting, whether in person, by telephone or any other means, between You and any Performer or other User, directly or indirectly resulting from Your use of PsychicsLive™, the Website, and/or any Service provided by the Company.
20

Company Does Not Monitor Or Screen Communications And Will Not Have Any Duty To Do So. You acknowledge and agree that Company does not monitor or screen any Performances or any other communications between Performers and Users, or between Users and that the Company shall have no obligation to do so. You further acknowledge and agree that the Company has no control over such communications and makes no representations or warranties of any kind with respect thereto or regarding any other communication posted by other Users, Performers or third-parties on, in, through or in association with PsychicsLive™, the Website or any Service, including without limitation, any advertisement, profile or notice. Company also makes no representations or warranties as to the character, age, knowledge, skills, biographical history or any other attributes of any Performer or User, or any other person directly or indirectly associated with PsychicsLive™, the Website, or any Service provided by the Company. You further expressly acknowledge and agree that the Company has no obligation whatsoever to screen any profiles, posts, chat or other communications by or between Performers or Users. You also expressly acknowledge and agree that the Company shall have no liability whatsoever regarding the truth or accuracy of any such profiles, posts, chat or other communications.
21

Company Reserves The Right To Investigate. Although Company does not assume any duty or obligation to monitor any Performances, any User or Performer messages or other communications, or any other materials posted or uploaded to the Website by You, other Users, Affiliated Content Providers and/or third parties, We reserve the right but not the obligation, in Our sole and absolute discretion, to investigate complaints and review any and all materials posted or uploaded to the Website by You and/or any other persons and entities, at any time without prior notice to ensure that they conform to content guidelines and policies established by the Company, terms and conditions set forth in this and other applicable agreements, and any and all applicable laws and regulations.
22

Company Reserves The Right To Block Messages And Other Communications. Although Company does not assume the duty or obligation to monitor or modify any messages, advertisements or other materials posted or uploaded to the Website by You and/or third-parties, Company reserves the right, in Company's sole and absolute discretion, without any obligation, to delete and/or block messages, communications, and/or materials, including without limitation Performances, User communications, advertisements and public postings, without notice, that Company determines, in Company's sole discretion, violate (i) any law or regulation; (ii) the Code of Conduct, (iii) any applicable term or condition in this Agreement or any other applicable agreement, or (iv) any rules or guidelines posted by the Company.
Our Proprietary Rights; Your Grant Of Rights To Us.
1. 23.1
  
  Our Content. You acknowledge and agree that all Content and other materials available in, at, through, or in direct or indirect association with, the Website, PsychicsLive™, and/or any Service are proprietary and constitute valuable copyright, trademark and other intellectual property owned by or licensed to the Company.
2. 23.2
  
  Your License To Us. You hereby grant to Company an unlimited, irrevocable, royalty-free world wide non-exclusive license to reproduce, display, edit, copy, transmit, publicly perform, create derivative works from, publish and otherwise communicate to the public, and otherwise use, any and all of Your Content and other information, content and other materials You provide to the Company by any means.
3. 23.3
  
  Co-branding. Company may, in its discretion, create co-branded websites. In such case, any and all User profiles, User favorites, and other displayable stored User data may also appear in co-branded website(s). You hereby grant Company the right to republish and otherwise make available such information in and through any and all such co-branded websites.
24

Service Marks (Trademarks). PsychicsLive ™ and the VS Broadcasting Network™ are service marks owned by VS Media, Inc. ("Company Trademarks"). All rights in and to the Company Trademarks are expressly reserved. You may not use any Company Trademarks for any reason without prior express written authorization signed by a duly empowered representative of the Company. (Performers are not representatives of the Company for any reason.) You may not use any trademark, trade name, or domain name similar to, or likely to be confused with, PsychicsLive™ or PsychicsLive.com, or take any other action that infringes or impairs Company's trademark rights. Company shall retain all ownership in and to PsychicsLive.com and all Content displayed on PsychicsLive.com, including copies of data transferred or received by You through the Website or otherwise in association with Your use of Services provided to You by the Company.
25

Indemnification For Your Unauthorized Use Of Content, Other Proprietary Materials, PsychicsLive™, Website And/or Services. You agree to be personally liable for any and all breaches of this Agreement by You. To the fullest extent permitted by applicable law, You also agree to fully indemnify the Company and the Company's directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns for any and all damages, costs, and expenses, including attorneys' fees, directly, indirectly and/or consequentially resulting from (i) any breach of this Agreement by You, including any misrepresentation or breach of any covenant or obligation; (ii) any claims that You have infringed, misappropriated or violated any right of any person or entity, including, without limitation, the Company and/or any Affiliated Content Provider; (iii) any violation of any law or regulation by You; (iv) any unauthorized use of PsychicsLive™, the Website , any Service provided to You, and/or any Content provided to You by the Company, Affiliated Content Providers, including, without limitation, Performers and/or any other User(s); (v) any unauthorized use of the Company Trademarks; and/or any other use of Company's Services or products. The foregoing indemnification shall apply to, without limitation, any and all damages resulting from any attempted or actual unauthorized, accessing, downloading, viewing, copying or distribution of the Website and/or any Performance, in whole or in part, by You, alone, or with, or under the authority of, one or more other person(s), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from such unauthorized activities.
26.

Communications Between You And The Company
1. 26.1
  
  Our Privacy Policy. Your privacy is very important to Us. Please read Our PRIVACY POLICY <CLICK HERE> TO SEE PRIVACY POLICY, as it states Our Company's policy regarding information You provide to Us. You acknowledge and agree that Our PRIVACY POLICY is hereby incorporated into this Agreement as if set forth in full herein. You hereby acknowledge that You have read and agree to the Company's Privacy Policy.
2. 26.2
  
  Request For Communications. You hereby voluntarily request and authorize the sending of notices, advertisements, e-mail and other communications to You from the Company and/or from Affiliated Content Providers, including without limitation, Performers, and from the Company's and Affiliated Content Providers' authorized licensee, agents, assigns, representatives, successors, assigns, affiliates and contractors ("jointly "Authorized Communication Parties"). You acknowledge and agree that such communications may include any type of matter, including, without limitation, communications containing explicit nudity, explicit sexual depictions, sexual language and explicit sexual situations, including those involving heterosexuality, homosexuality and transsexuality, provided that Company's email transmission of such material is in compliance with the CAN-SPAM Act. You agree that the Company shall not be under any obligation or restriction prohibiting the sale of Your email information to any third parties for any purpose. Moreover, You agree that Your request, authorization and permission provided to the Authorized Communication Parties to send You such materials and communications herein shall continue to be in effect unless and until You notify the Company that You wish to be deleted from the Company's email list in the manner set forth in the PRIVACY POLICY or by following the instruction below, in which case, You acknowledge and agree that the Company shall be obligated only to delete Your email address(s) from its email list. Company shall not be obligated to delete Your email address(es) from any email list(s) of any third-parties, including, without limitation, any email lists sold or licensed to Authorized Communication Parties by Company in which Your email address(es) is(are) included. You acknowledge and agree that You will need to contact such third parties to have Your email address(es) deleted from their email list(s) or to otherwise stop communications from such parties. If You do not wish to receive advertising email from Company <CLICK HERE>.
3. 26.3
  
  Opt-out and Cancellation Provisions. At any time, You may opt out of future e-mailings and cancel Your receipt of e-mails from the Company by clicking the unsubscribe link at the bottom of the e-mail advertisement sent to You by the Company or by sending an e-mail cancellation request to customerservice@vs.com.
4. 26.4
  
  No Listing In A Prohibitory Mailing List. You represent and warrant that You have not notified any governmental agency, Company, any Affiliate Content Provider or any other person or entity that You do not wish to receive sexually oriented material or any other material that is, or is likely to be, provided to You (i) via the Website, (ii) in association with PsychicsLive™, (iii) by the Company, or (iv) by any Affiliate Content Provider.
5. 26.5
  
  No Listing In Any "Do-Not-Email" Registries. You represent and warrant that You have not listed any email address that You have provided to the Company and/or any Affiliated Content Producers in any "do not email' registry or similar service anywhere in the world, and You further warrant that neither You or anyone on Your behalf will do so while You are receiving any Services from the Company, and/or while You are receiving any communications of any kind from Company and/or any other Authorized Communication Parties. You hereby agree and warrant that neither You, nor any of Your successors in interest, nor any person under Your control shall at any time bring any action against Company or any other Authorized Communication Parties as a direct or indirect consequence of Your registration of an email address, mailing address, telephone number or other contact point with any governmental "do not email" or other "do not contact" registry with respect to any such contact point that You have provided to the Company and/or one or more of the Authorized Communication Parties. You agree to indemnify the Company and all Authorized Communication Parties for any and all expenses and damages, including any and all fines, penalties and attorney's fees that result from any and all breaches of Your obligations set forth in this Paragraph and for any action(s) that is(are) brought against any Authorized Communication Party(ies) by any person or entity, including, without limitation, by any governmental body, resulting from the sending of any type of email to You or a successor in interest by any of the Authorized Communication Party(ies).
6. 26.6
  
  Information Sharing With Affiliated Third-Parties. Company reserves the right to engage and contract with one or more other persons or entities to provide specific services to Users of PsychicsLive™. If You request or receive such services, Company shall have the unlimited right to share, to the fullest extent under law, Your name and other information that is necessary or desirable for the third party to provide such services.
7. 26.7
  
  No Liability For Database Intrusion Or Loss Of Data. Information provided by the You during the registration process and at other times of data collection will generally be kept in one or more of Company's databases. Company will make reasonable efforts and use commercially reasonable means to protect the integrity and safety of Our databases. However, such efforts and means are not, and reasonably cannot, ensure that Our databases will be invulnerable to fault, attack, intrusion, corruption, theft, loss or destruction. You hereby acknowledge and agree that Company shall not be liable for any direct, indirect, consequential or incidental damage that You may sustain due to any unauthorized attack on, or intrusion of Our database(s) and/or any corruption, theft, loss or destruction of information You provide to Company.
8. 26.8
  
  Automated Contact Features. If You provide contact information to the Company, You agree that the Company and its licensees may, at the Company's and its licensees' respective discretion, cause or allow You to be contacted by one or more "persons" (as that term is defined below) as a part of one or more "Automated Contact Features" employed by Company and/or its licensees.
27

Cooperation With Law Enforcement. The Company and all Affiliated Content Providers, including Performers, independently reserve the right to fully cooperate with any and all law enforcement authorities and all court orders requesting or directing Company and/or Affiliated Content Providers to disclose the identity and/or other information regarding any person who is using or has used the Website, PsychicsLive™ or any Service provided by the Company, including You. You hereby waive and hold harmless Company and each Affiliated Content Provider from any and all claims resulting from any and all actions taken by Company and/or one or more Affiliated Content Providers during, or as a result of any law enforcement authority's request or investigation, and/or any court order.
28

Information Disclosure In Cases Of Breach Of Our Security Systems. You agree that if You, Your computer(s) and/or Your Internet Protocol address(es) in any way become involved in any breach or other violation of any of Our security systems or any unauthorized access to any of our computers, databases, and/or related systems, or if the Company or any Website contractor or affiliate reasonably so believes, the Company and all Website contractors and affiliates shall independently have the right to release details regarding such incidents and Your personal information to governmental agencies, including law enforcement, and to system administrators, including, without limitation, system administrators for other websites, in order to assist in resolving security incidents. You acknowledge and agree that Company may provide the information referenced in the preceding sentence to any and all of the referenced parties above without any incurring any liability to You whatsoever.
29

Limitations Of Company's And Affiliated Content Providers' Liability.
1. 29.1
  
  PsychicsLive™, The Website, And Services Provided "As Is". You hereby acknowledge and agree that PsychicsLive™, the Website, and/or Services are being provided to You on an "as is" basis for entertainment purposes only. You further acknowledge and agree that Your use of PsychicsLive™, the Website, and/or Services is at Your own risk. You further acknowledge and agree that PsychicsLive™, the Website, and/or Services provided to You are provided without any representations or warranties of any kind, including, without limitation, any warranties regarding the availability, accuracy, or content of materials, information, product or services, or warranties of merchantability, fitness for a particular purpose, title or non-infringement, and Company and Affiliated Content Providers expressly disclaim all such warranties. Neither the Company, nor any Affiliated Content Providers, represent or warrant that the functions of PsychicsLive™, the Website, and/or any Services provided to You will be uninterrupted or error-free, or that any discovered defects will be corrected. You expressly agree that Company will not be deemed the provider or recipient of Performances performed by any Performers.
2. 29.2
  
  No Representation, Guarantee Or Warranty That Website Or Any Service Provided By Company Is Free Of Harmful Or Malicious Code. You understand that neither Company nor any Affiliated Content Providers represent, guarantee or warrant that either the Website or any Content or any other files You may access at, in or through, or download from, the Website, any Website linked to the Website, or from any affiliated website will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties ("Harmful Code"). You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, protection of Your computer(s) and for maintaining a means of reconstructing data that You might lose because of Harmful Code. You agree that if the Company provides a means for the transmission of files between You and a Performer or other Affiliated Content Provider, You acknowledge and agree that it is Your sole responsibility to scan such files with appropriate anti-virus software before they are opened. Neither the Company nor any Affiliated Content Providers assume any responsibility or risk associated with the possibility of damage to Your computer(s) or any other devices, or any loss of data, through Your use of PsychicsLive™, the Website, and/or any Services provided to You by the Company and You hereby agree to hold harmless and never raise any claim against Company and/or Affiliated Content Providers regarding any such damage should it occur.
3. 29.3
  
  Links To External Websites; Advertiser Content.
  1. 29.3.1
    
    External Websites Linked To The Website. The Website may contain links to external websites operated by one or more third parties. You acknowledge and agree that Company has no control over such websites or the information provided in, at, through, or associated with, such external third-party websites. You acknowledge and agree that Company shall not be responsible or liable for any content, advertising, products, services, privacy policies or any other matters contained therein or associated therewith. You warrant and agree that Company will not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with the use of, or reliance on, any such content, products, services, policies or other matters available on or through any such third-party websites. Company encourages the You to be aware of when Your browser is no longer directed to the Website and it has linked to such other websites, and to read the terms of service and privacy statements of each such website to which Your browser navigates.
  2. 29.3.2
    
    Advertisements. You acknowledge and agree that Company shall at all times have the unlimited right to include in, at, on, or in association with, the Website, or otherwise in association with PsychicsLive™ and/or Services provided by the Company, advertisements of any and all kinds, on its own behalf, and/or on behalf of one or more other companies and/or individuals. You hereby acknowledge and agree that by You clicking on such advertisements that comprise links to other material, Your computer's web browser may be directed to one or more websites or other content, and/or You may receive other messages, and other content and/or information, such as offers from the advertiser. You acknowledge and agree that Company is not liable for the privacy practices of any such advertisers, the content of their advertisements, the content of their websites, any offers, messages and/or other information they provide, and/or any of their products or services. You acknowledge and agree that You shall be wholly responsible and liable for all communications with such advertisers, for any and all transactions subsequently executed by You with any and all such advertisers, if any, and/or for all Your use, if any, of such advertisers products and services.
4. 29.4
  
  No Liability For Indirect, Special, Incidental Or Consequential Damages.. Under no circumstances and under no cause of action or legal theory, shall Company, any Affiliated Content Provider, any Authorized Communication Party, or any of the Company's suppliers, licensees, resellers or affiliates be liable to You for any indirect, special, incidental, or consequential damages of any kind, including without limitation, any damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any Harmful Code. This disclaimer of warranty constitutes an essential part of this Agreement.
5. 29.5
  
  NO DAMAGES TO THE GREATEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES TO YOU OR TO ANY PERSON OR ENTITY CLAIMING RIGHTS DERIVED FROM YOUR RIGHTS (INCLUDING, WITHOUT LIMITATION, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, DAMAGES RESULTING FROM HARMFUL CODE, DAMAGES FROM CAUSED BY USERS, DAMAGES CAUSED BY LOSS OF BUSINESS INFORMATION, REPUTATIONAL DAMAGES, AND/OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES AND/OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE SERVICES PROVIDED BY COMPANY, ITS AGENTS, ANY AFFILIATED CONTENT PROVIDERS, OR OUT OF THE USE OF COMPANY'S SOFTWARE OR HARDWARE, INCLUDING WITHOUT LIMITATION, COMPANY'S VIDEOCONFERENCING SERVICES, AND/OR ANY TELECOMMUNICATION FACILITIES USED TO PROVIDE SERVICE(S) TO YOU, OR ANY OTHER USE OF PSYCHICSLIVE™ OR THE WEBSITE, EVEN IF COMPANY HAS BEEN ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW, OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THE FOREGOING SENTENCE REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT, THAT SUCH VOLUNTARY RISK ALLOCATION WAS A MATERIAL PART OF THE BARGAIN BETWEEN THE PARTIES, AND THAT THE ECONOMIC OR OTHER TERMS OF THIS AGREEMENT WERE NEGOTIATED AND AGREED TO BY THE PARTIES IN RELIANCE ON SUCH VOLUNTARY RISK ALLOCATION.
6. 29.6
  
  Limit Of Company's And Affiliated Content Providers' Liability. Notwithstanding the limitations of liability above, You also agree that as a material condition to Your obtaining the license to access and use the Website, PsychicsLive™ and Services provided to You by the Company, You agree that any and all liability and damages that are attributable to the Company and/or Affiliated Content Providers, or to any of their directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents, attorneys, successors and assigns that directly or indirectly results from Your access and/or use of the Website, PsychicsLive™, and/or any Services provided to You by the Company shall be strictly limited to the lesser amount of (i) the refund amount of the license fees paid by You for membership to the Website; or (ii) the refund amount of fees paid by You for the specific Content (e.g., Performance(s)) that You obtained through PsychicsLive™ comprising the subject of the dispute.
7. 29.7
  
  Intent Of This Paragraph 29. You expressly acknowledge and agree that the limitations of liability set forth in this Paragraph 29 (including all subparagraphs) reflects an intentional, informed and voluntary allocation between the Parties of the risks (known and unknown) that may exist in connection with this Agreement, that such voluntary risk allocation was a material part of the bargain between the Parties, and that the economic or other terms of this Agreement were negotiated and agreed to by the Parties in reliance on such voluntary risk allocation. The provisions of this Paragraph 29, including its subparagraphs shall survive the termination of this Agreement for any reason and apply at all times even though the loss or damage, irrespective of cause or origin, results directly or indirectly, either from performance or non-performance of obligations imposed by this Agreement. You and the Company acknowledge that some states in the United States, some countries, and some jurisdictions therein, do not allow the limitation or exclusion of liability for damages, or for incidental or consequential damages, and that in those jurisdictions one or more of the liability limitations or exclusions may not apply. Notwithstanding the foregoing, You and the Company expressly represent and agree that it is Your express intent and the Company's express intent that all the liability limiting provisions of this Paragraph 29 shall apply to the subject matter of this Agreement to the fullest extent under law and that such liability limiting provisions shall be broadly interpreted. To achieve the aforesaid express intent, if the choice of laws to be applied to this Agreement materially limits or precludes the application of the limitations of liability provisions set forth herein, notwithstanding the choice of laws and jurisdiction provisions of this Agreement set forth herein at the time of execution of this Agreement, You and Company expressly agree that, either You or Company shall have the right, but not the obligation, to change the jurisdiction and the choice of laws applicable to the resolution of disputes under this Agreement so that, and only to the extent that, there will be no law or other limitation that materially limits or precludes the application of the limited liability provisions set forth in this Paragraph 29 and otherwise in this Agreement. You expressly agree that if a conflict results from You and Company both invoking the right to change the jurisdiction and choice of laws applicable to dispute resolution as set forth in the preceding sentence, the Company's choice shall prevail and Company's choice shall be applied as to the jurisdiction and the choice of laws that will be applicable for the interpretation and application of the limited liability provisions set forth herein. The foregoing right to change the jurisdiction and choice of laws shall also similarly apply with respect to the Parties' intent that this subparagraph 29.6 shall likewise not be limited or invalidated for any reason.
8. 29.8
  
  Liability Waiver and Release. To the maximum extent permitted by law, You hereby expressly and knowingly release and hold harmless the Company, and its parents, subsidiaries, affiliates, officers, directors, employees, agents, attorneys, affiliates and representatives, all Affiliated Content Providers and all Authorized Communication Parties ("Released Parties") from any and all responsibility and liability for any and all damages arising out of, relating to, or otherwise associated with, Your use of PsychicsLive™, the Website and/or Services provided by the Company from beginning of time until today. You further expressly and knowingly release and discharge the Released Parties from all actions, causes of action, suits, debts, agreements, promises, liabilities, demands, damages, losses and claims, known and unknown, of any and every kind whatsoever that You have or may ever claim to have. You further expressly and knowingly agree that neither You nor any successor or assign will initiate any legal action of any kind against any Released Party regarding any type of loss or injury arising out of, relating to, or in any way associated with, PsychicsLive™, the Website and/or Services provided by the Company. You expressly agree that if any party initiates any such legal action on behalf of You or the party initiates such legal action on behalf of itself because the party has acquired a right to bring such action, You shall pay for any and all damages, losses, liabilities, costs, penalties, and expenses, including without limitation attorneys' and experts' fees and costs, resulting from or otherwise associated with such action(s). You knowingly and expressly acknowledge and agree that the waivers, release of liability, and the promise not to bring any action against any Released Party set forth in this Paragraph are material inducements for Company to enter into this Agreement with You, and, but for such material inducements, Company would not have entered into this Agreement.
9. 29.9
  
  Waiver of Section 1542. You hereby acknowledge that You have been advised by Your attorney regarding the consequences of entering into the general release and discharge of all known and unknown Claims as set forth in this Agreement, and that You are otherwise familiar with the provisions of Section 1542 of the California Code, which currently provides that:
10. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
11. You hereby expressly waive any and all rights under Section 1542, and You also waive any and all rights under all other laws of similar effect. Notwithstanding the foregoing, however, nothing herein shall be construed to, or shall operate to limit any of Your obligations, duties, warranties or other responsibilities set forth in this Agreement.
12. 29.10
  
  Company Not Responsible For The Quality Of Performances.. You acknowledge and agree that Company is not, and shall not in the future be held, responsible or liable for the quality, legality, or any other matter regarding, any Performance performed for, or otherwise made available to, You by Performers and/or for any other Content provided to You by the Company and/or one or more Affiliated Content Providers. You further expressly acknowledge that Company does not guarantee or vouch for the accuracy or truthfulness of any messages, communication, information or Content of any kind that has been posted, uploaded, transmitted or otherwise provided by one or more Performers or other Affiliated Content Providers. You hereby release, and promise to release in the future, the Company from any and all liability and responsibility in connection with the quality, accuracy, validity or truthfulness of any and all such messages, communications, information, Performances and/or other Content provided by Performers, Affiliated Content Providers, and/or other Users of PsychicsLive™, the Website and/or any Service provided by the Company. You hereby promise never to bring any action or claim, or initiate any dispute of any kind, against Company regarding the quality, legality, or any other matter regarding any Performance and/or other Content directly or indirectly transmitted, posted, provided or otherwise made available to You by any Performers, other Affiliated Content Providers and/or other Users.
13. 29.11
  
  Third Party Advertising. Some of the materials that You might access via hyperlinks, streams or by other means at the Website or otherwise in association with Your use of PsychicsLive™ may connect You to third-parties, or to third-party websites that may provide content and/or other materials to You and/or to the Website via hyperlinks or other means. We have no editorial control or supervision over the selection or display of such content and other materials provided by those third parties or those third-party Websites and You hereby acknowledge and agree that those parties are solely responsible and liable for all such content and other materials. You agree that You shall not bring any claim or action against Company regarding any such content or other materials, or the consequences of Your accessing any third-party website or such content or other materials.
14. 29.12
  
  TIME LIMITATION. YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED, IN ANY WAY, TO PSYCHICSLIVE™, THE WEBSITE, AND/OR ANY AND ALL SERVICES PROVIDED BY THE COMPANY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
30

Acknowledgement Of Sexual Content. You hereby acknowledge that the Content made available at, in, though and in association with PsychicsLive™, Website and/or by or through Services provided by the Company, including without limitation, Content made available by one or more Affiliated Content Providers, may include explicit visual, audio, textual and tactile (haptic) depictions of nudity and sexual activities. You hereby represent and warrant that You are not offended by any such sexual Content, and that by agreeing to this Terms of Use Agreement You are representing and warranting to the Company and to the Affiliated Content Providers that You are intentionally and knowingly seeking access to such explicit sexual materials for Your own personal viewing for non-commercial entertainment and educational purposes only.
31

Notices. All notices sent in accordance with this Paragraph shall be effective upon receipt or three (3) days after transmission, whichever occurs first. All notices permitted or required under this Agreement may be sent as follows:
1. 31.1
  
  Notice To You From Company. Notice to You by Company may be effected via email, facsimile, standard mail, registered mail, and/or Federal Express, to the respective email address, facsimile number, and street address most recently provided by You or publicly obtainable by the Company and/or Company's agents. Company may also provide notice to You by posting or publication on the Website.
2. 31.2
  
  Notice To Company From You. Notice to Company from You may be effected via email to customerservice@vs.com via standard mail, registered mail, or Federal Express to <CLICK HERE FOR MAILING ADDRESS>.
3. 31.3
  
  Questions And Complaints. All questions and complaints directed by You to Company shall be transmitted by means of e-mail to Company's Customer Service at customerservice@vs.com. You may also additionally telephonically communicate questions and complaints, but not notices under this Agreement, by telephone to 1-818-880-9021
32

Copyright Policy. Company respects the intellectual property of others, and We ask Our Users to do the same. Company may, in appropriate circumstances and at its discretion, terminate the account or access of Users who infringe the intellectual property rights of others. If You believe that any of Your works appearing on the Website have been copied in a way that constitutes copyright infringement, please provide Company's Copyright Agent the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that You claim has been infringed, including the Uniform Resource Locator ("URL") (i.e., web page address) of the location where the copyrighted work exists or provide Us with a copy of the copyrighted work;
(iii) a description of where the material that You claim is infringing is located on Our Website, including the URL (web page address) at which the material can be accessed on Our Website;
(iv) Your address, telephone number, and email address;
(v) a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) 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 You are authorized to act on the copyright owner's behalf.
Company's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

ATTN: Copyright Agent
By mail:VS Media Inc. 26500 W. Agoura Rd. Suite 102-734 Calabasas, CA 91302
By phone: 1-818-880-9021
By facsimile: 1-818-880-9022
33

Company Is An Internet Service Provider; Relationship of Parties. Company shall be deemed to be an Online Service Provider ("OSP") as that term is defined in the Digital Millennium Copyright Act ("DMCA") for all claims arising hereunder, and shall also be deemed to be an Interactive Computer Service as that term is used in the Communications Decency Act. You shall give notice and comply with the notification procedures of the DMCA and agree that Company shall have and shall fully benefit from the safe harbor provisions set forth in the DMCA for OSPs, the liability limitations, Good Samaritan and other provisions pertaining to Interactive Computer Services set forth in 47 U.S.C. § 230 (c) et seq., and all similar notice and other provisions limiting or otherwise insulating the liability of OSPs, Interactive Computer Services and/or Internet Service Providers, pursuant to the statutory or case law of the United States, any state or territory thereof, and/or any jurisdiction in which You, Your assign brings any claim against Company or any of Company's assigns or licensees of rights granted to Company.
34

Dispute Resolutions; Choice Of Law; Arbitration; Venue And Jurisdiction.
1. 34.1
  
  Choice of Law. You agree that this Agreement shall be governed by and construed under the laws of the State of California and the United States as applied to agreements between California state residents entered into and to be performed within the State of California, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Notwithstanding the foregoing, nothing in this Paragraph shall limit the Parties' right to change of the choice of law provisions of this Agreement as they apply to the issues of limitation of liability, liquidated damages and/or the subject matter of Paragraphs 29, 52, 53 and 54, for the limited purpose of maximally preserving, the validity and effectiveness of this Agreement's (i) limitation of liability provisions, (ii) liquidated damages provisions, (iii) agreement acceptance provisions, and/or (iv) electronic signature execution provisions, if the validity or applicability of any of this Agreement's provisions referenced in (i),(ii), (iii), and/or (iv) becomes materially diminished due to a change in the law in the State of California.
2. 34.2
  
  Arbitration. Any and all disputes or controversies of any kind, including but not limited to any disputes and controversies regarding any performance, duty, obligation or liability arising under, from, or in any way related to, this Agreement, and/or any and all disputes or controversies arising under, from, or related in any way to, the materials, services, features or functions available in, at, through or in association with, or in any way relating to, the PsychicsLive™, the Website, any Services provided by the Company, and/or any Content or services provided by any Affiliated Content Providers, including, without limitation, any and all Performances, that are not first resolved informally, shall be determined by binding arbitration in Los Angeles, California, in accordance with the rules of the American Arbitration Association. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of California and the United States. Notwithstanding the foregoing, any and all disputes, which the Parties cannot informally resolve, regarding the scope of issues within the jurisdiction of the arbitrator, shall be resolved by a separate dispute resolution process whereby the Company in the Company's sole discretion shall elect the dispute to be resolved by either (i) a municipal or superior court of competent jurisdiction in Los Angeles, California or (ii) a panel of three (3) new arbitrators.
3. 34.3
  
  Venue. You and the Company hereby agree that the venue for all legal disputes, controversies, actions of any kind arising under, from or otherwise related to this Agreement shall be Los Angeles, California. You and Company also agree that if a dispute or controversy is not resolved through arbitration as set forth above for any reason, the venue for any and all litigation regarding this Agreement shall be, depending on the subject matter of the dispute, either the Municipal Court of Los Angeles, California, the Superior Court of the County of Los Angeles or the United States District Court for the Central District of California, Western Division. You hereby consent and stipulate to the jurisdiction of the Courts of the State of California and the United States District Court, Central District of California, Western Division.
35

Your Warranties. You hereby represent and warrant that:
1. (i) You are an adult over the age of eighteen (18) years of age;
2. (ii) You will not directly or indirectly use PsychicsLive™, the Website, Company's Videoconferencing Services, or any other Service provided to You by the Company to directly or indirectly engage in any communication or activity that (i) is threatening, abusive, hateful, defamatory, libelous, slanderous, scandalous or injurious to the reputation of any person or entity, (ii) promotes discrimination based on race, sex, sexual orientation, religion, nationality, ethnicity, disability, age, (iii) comprises any content or other material that is hateful or offensive material directed toward a particular person or a specific race, sex, sexual orientation, religion, nationality, ethnicity, disability or age, or (iv) comprises a communication with a known terrorist or a terrorist organization;
3. (iii) nothing in any of Your communications with Performers or other Users will constitute an solicitation or offer to engage in unlawful conduct or a communication relating to unlawful conduct or behavior of any kind;
4. (iv) You will not engage in the introduction of Harmful Code into any computer, mobile telephone, server or network, including any mobile telephone network;
5. (v) You will not interfere with any service provided by any computer, mobile telephone device, server or computer network, including any mobile telephone network;
6. (vi) You will not attempt to circumvent any User authentication or any security of any host, network or account;
7. (vii) You will not engage in any form of unauthorized access to, or use of, data, systems or networks belonging to the Company or any Affiliated Content Providers;
8. (viii) You will not engage in any unauthorized monitoring of data or traffic on any of Company's computer networks or systems without express authorization of the owner of the system or network;
9. (ix) You will not use any of the Services or any materials provided by Company for the purpose of compromising the security of any Company computer, server or computer network;
10. (x) You will not alter or modify any Company accounts, records or other data, including, without limitation any data pertaining to You or any person(s) under Your control;
11. (xi) You will not attempt to change, modify or destroy the identity of any Company computer system or change files on, or partition any of Company's computer or server drives;
12. (xii) You have fully read and understand this Agreement and agree to all of the terms and conditions in this Agreement; and
13. (xiii) that You are fully empowered and authorized to enter into this Agreement and perform all Your obligations set forth herein.
36

Indemnification. You agree to fully defend, indemnify, and hold harmless, Company, its parents, subsidiaries and related entities, and all of their officers, directors, other principals, shareholders, contractors, agents, attorneys, affiliates, successors and assigns, and all other Company Parties, from and against any and all actions, suits, claims, judgments, penalties, losses, damages, costs, charges, including reasonable attorney's fees, expert fees, other litigation costs, and all other losses and liabilities related to, arising from, arising under, or relating to, (i) a breach of any of Your representations, covenants, duties, warranties, obligations, and/or any other provision of this Agreement, (ii) any illegal, unlawful, infringing, defamatory or libelous activity by You or any person under Your control, (iii) any act or omission by You, and/or (iv) any and all claims of any kind arising from, under or out of (i), (ii) and/or (iii) above. Company reserves the right, at its own expense, and at its election, but without obligation, to participate in the defense of any matter otherwise subject to the indemnification provisions set forth in this Paragraph. You agree that You shall not settle any claim or liability subject to Your duty of indemnification set forth herein without the prior written consent of Company. You further agree that Your indemnification obligations, as set forth herein, shall survive the termination of this Agreement for any reason.
37

Cooperation With Investigations. The Company reserves the right to fully cooperate in any and all investigations relating in any way to any activities by You in direct or indirect association with Your use of PsychicsLive™, the Website, any Services provided to You by the Company, and/or any Content provided to You by any Affiliated Content Providers, including without limitation, regarding any and all investigations by or involving law enforcement or any other governmental agency. The Company also reserves the right to fully cooperate in any investigation relating to any allegation or claim of any violation or infringement of any right of any person or entity, including any intellectual property, privacy or contractual right. Such cooperation shall include, without limitation, disclosure of any and all information provided to the Company by You, to third parties, including but not limited to law enforcement, administrative agencies and courts. The Company reserves the right to fully cooperate with any and all law enforcement requests and court orders directing Company, and/or Website Content Providers to disclose the identity or other information regarding any person who is using or has used PsychicsLive™, the Website, or any Service provided by the Company, or has obtained any Content through or in association with such use, including, without limitation, You. You hereby waive and hold harmless Company and all Affiliated Content Providers, from any and all claims resulting from any and all cooperation by the Company and/or any Affiliated Content Providers with law enforcement, governmental agencies and others as set forth above.
38

Effective Date; Term; Termination; Surviving Provisions.
1. 38.1
  
  Effective Date. The Effective Date of this Agreement shall be the earliest date of (i) Your access to, or other use of, the Website in any way, (ii) Your use of PsychicsLive™, (iii) Your use of any Services provided by the Company, including, without limitation, Your use of any of Company's Videoconferencing Services; or (iv) Your execution of this Agreement by any other means.
2. 38.2
  
  Term. The Term of this agreement shall commence on the Effective Date and shall continue until terminated by the Company or You as set forth below.
  1. 38.2.1
    
    This Agreement may be immediately suspended or terminated by Company at any time with or without cause. Company may provide notice of suspension or termination by email or any other written means, including, without limitation by posting on the Website, orally, including, without limitation, via one or more Performers, and/or by blocking Your access to use any of the Services normally provided in association with PsychicsLive™.
  2. 38.2.2
    
    You may terminate this Agreement on thirty (30) days written notice to the Company. Your termination notice to Company must be provided by email to customerservice@vs.com.
  3. 38.2.3
    
    Surviving Provisions. All definitions set forth in this Agreement and all of the following provisions, identified by Paragraph, including all subparagraphs thereof, shall survive the termination of this Agreement, regardless of the reason for termination of the Agreement: 3.5, 5.2, 11.3, 15, 16, 17, 18, 21, 23, 24, 25, 26, 27, 28, 29, 31, 32, 33, 34, 35, 36, 37, 38.3, 39, 40, 43, 44, 45, 46, 47, 49, 50, 52, and 53.
39

Assignment. The rights and liabilities of the Parties to this Agreement will bind and inure to the benefit of their respective assignees, successors, executors, and administrators. You agree that Company may at any time in its sole discretion, and without prior notice to You, freely assign, in whole or in part, this Agreement and all or part of Company's rights, benefits, permissions, authorizations, duties, obligations and/or performances associated therewith. Neither this Agreement nor any rights granted hereunder may be assigned, licensed, sold, leased, or otherwise transferred, in whole or in part, by You.
40

Entire Agreement. You agree that this Agreement contains the entire agreement between You and Company regarding the matters set forth herein, and this Agreement may only be amended by the following two means: (i) By Company upon notice from Company, or (ii) by a hard copy writing (non-digital, non-online document) executed by both You and the Company.
41

Modification By Notice From Company. You agree that Company may from time to time, in its sole and exclusive discretion, modify this Agreement, including any terms regarding the type and quality of benefits provided to You hereunder. Any and all terms and conditions may be modified by the Company at any time upon email notice to You, by posting at one or more locations on the Website such as http://www.psychicslive.com and/or by simply replacing a prior version of this Agreement accessible via links marked "Terms and Conditions", "Terms of Use" and the like, with the modified version. All modifications and replacement versions of this Agreement published as set forth above shall be instantaneously effective upon such publication. You also agree that the methods of affirmation, agreement, acceptance and/or acknowledgment set forth in this Agreement (including, for example, those set forth in Paragraph 53) shall be methods that shall also be valid and binding with respect to any and all subsequent modifications of this Agreement. You acknowledge and agree that important provisions of this Agreement may be amended in the future, and that such amendments may materially affect Your rights and Your ability to use PsychicsLive™, the Website and/or Services provided by the Company. You expressly acknowledge and agree that it is Your sole responsibility to read the then current version of this Agreement thoroughly before each use of PsychicsLive™, the Website and/or Services provided by the Company, or any other reaffirmation of this Agreement. (We suggest, for example, the use of the "compare documents" feature of a word processing program such as Word® to quickly locate any changes in posted revised versions of this Agreement and a previous copy.) You acknowledge and agree that Company shall at all times have the unlimited right to terminate PsychicsLive™, Website and/or any Service in whole or in part at any time with or without cause or reason without any liability to You whatsoever and nothing herein shall be construed to limit that right.
42

Company May Require Subsequent Reaffirmation Each Time You Use Company's Videoconferencing Services Or Other Services Provided By Company. You acknowledge and agree that You may be required to affirmatively reaffirm this Agreement, and any and all revisions hereof, at any time, including, without limitation, each time You access the Website, use PsychicsLive™ and/or You order, purchase, or receive any Service from the Company or any Content from any Affiliated Content Provider, such as a Performance. Notwithstanding the foregoing, You expressly agree that each time You receive any Service from the Company or any Content from any Affiliated Content Provider, by doing so You will also be reaffirming the then current version of this Agreement and You will be reaffirming Your agreement to be bound by all the terms, conditions, duties, obligations, warranties, indemnifications and other provisions of the then current version of this Agreement. Company shall at all times have the option of requiring that You re-execute this Agreement (and subsequent versions hereof) as a hard copy document as a condition to continue to receiving Services.
43

No Modification By You Unless Company Agrees In Writing. You agree that no modification of this Agreement by You, Your principals, officers, directors, employees, representatives, agents, attorneys, affiliates, assigns or successors shall be enforceable or have any effect unless first reduced to a hard copy writing and signed by a duly authorized representative of Company.
44

Mutually Drafted. You agree that for purposes of construction, this Agreement shall be deemed to have been drafted by both You and Company. Any and all ambiguities and/or inconsistencies shall not be construed in favor of or against either Party hereto. The Parties hereby agree that the word "including", and the phrases "including without limitation", "including, but not limited to", "include, without limitation", and similar language, and various forms thereof, shall not be interpreted as the introduction of a limiting list or providing a limitation of any kind, but shall instead be deemed to introduce a non-exhaustive list of examples that shall be interpreted as broadly as possible, and provide as broad a scope of inclusion as may be allowed under applicable law. The use of the word "and/or" shall be broadly construed to prevent any limiting construction of sentences in which the word is used by providing both conjunctive and disjunctive alternate meanings. Thus, for example "x and/or y" shall mean all of the following cases: x alone; y alone; and x and y together.
45

Severance. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, for any reason, such invalidity, illegality or unenforceability shall not affect any and all other provisions hereof, and all such other provision(s) shall be enforced to the maximum extent possible, and such remainder of this Agreement shall remain in full force and effect and shall be construed, interpreted, applied, and enforced as if such invalid, illegal or unenforceable provision(s) or part(s) had never been included in this Agreement. The invalidity, illegality or unenforceability of any provision of this Agreement shall, therefore, not affect the validity or enforceability of any other provision(s). Unless otherwise specifically provided, all provisions of this Agreement regarding Your warranties to the Company shall survive the termination of this Agreement regardless of the cause of such termination.
46

No Waiver. You acknowledge and agree that the failure of Company to enforce any specific provision(s) of this Agreement shall not preclude Company's enforcement of any other provision(s), any further enforcement of such provision(s), the exercise of any right hereunder by the Company, or be deemed a waiver of any right, remedy or prerogative by Company. No waiver of one breach of this Agreement will constitute a waiver of subsequent breaches of the same or of a different nature.
47

Successors And Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, personal representatives, successors and assigns. This Agreement may be executed in one or more counterpart copies.
48

Force Majeure. Either Party to this Agreement shall be excused from delays in performing and from failure to perform hereunder to the extent that such delays or failures result from causes beyond the reasonable control of such Party, including but not limited to unforeseen circumstances, acts of God or nature, such as fire, flood, earthquakes, hurricanes, storms or other natural disasters, war, riot, arson, embargoes, civil disturbance, acts of civil or military authority, terrorism, organized labor disputes, electrical or mechanical breakdowns, inability or refusal of a common carrier to provide communications capabilities, widespread or generalized failure of a telecommunications or information services infrastructure, hacking, denial of service attacks, or any other cause beyond a Party's direct control, including but not limited to, the issuance of an order by any regulatory, administrative, judicial or legislative authority or other governmental agency prohibiting or interfering with the operation of PsychicsLive™, the Website, any Service provided by the Company and/or any other activity contemplated under this Agreement.
49

Review By Your Attorney. This is a legal contract. Like all legal contracts, You are advised to obtain appropriate legal advice before entering into this Agreement. Company strongly suggests that You review this Agreement with Your attorney prior to its execution. You acknowledge and agree that nothing herein and no statement by the Company or any of Company's principals, officers, directors, shareholders, employees, representatives, agents, attorneys, affiliates, assigns or successors or other person associated with Company has in any way prevented or inhibited You in any way from freely seeking such advice prior to entering into this Agreement. You hereby acknowledge and agree that You are not under any time constraint imposed by Company to agree to this Agreement or to receive any Service from the Company or any Content from any Affiliated Content Provider. You acknowledge that You are free to forego use of PsychicsLive™ without any obligation or sanction for having done so by not entering into this Agreement. You hereby acknowledge and agree that the terms of this Agreement are reasonable and fair, that all material and other terms have been fully disclosed in writing, and that You have been given a reasonable chance to seek advice of independent counsel with respect to this Agreement and all transactions that might be associated herewith. You expressly represent that You have either had competent counsel review this Agreement and provide You with legal consultation regarding this Agreement as discussed above, or You have expressly, knowingly and voluntarily decided not to do so, in which case You hereby agree that neither You nor any person or entity acquiring rights from You shall not at any time (i) raise the fact that You have not had an attorney review this Agreement or (ii) claim You were not provided an opportunity to have an attorney review this Agreement before entering into this Agreement.
50

English. You hereby acknowledge and affirm that You are sufficiently fluent in the English language to fully understand all the provisions of this Agreement.
51

Negotiation Option; Paragraph Headings. You acknowledge and agree that if You wish to negotiate other terms or otherwise modify this Agreement before providing Your assent and Agreement, You may contact the Company at customerservice@vs.com. Paragraph and subparagraph headings of this Agreement are inserted for convenience only and shall not be deemed to constitute a part hereof nor to affect the meaning thereof.
52

Not A Contract Of Adhesion. You hereby acknowledge and agree that this is not a contract of adhesion and that as a material inducement for Company to enter into this Agreement with You, You hereby agree and warrant that You will not make any claim or support any action on any claim that this Agreement constitutes a contract of adhesion or is unconscionable in any way. You acknowledge and agree that this is a legal, binding and enforceable contract.
53

E-Sign Act. You expressly acknowledge and agree that this Agreement is intended by You and the Company to be governed by the Electronic Signatures in Global and National Commerce Act ("E-Sign Act") and other applicable statutory and common law that best effectuates Your express intent, and the Company's express intent, to unambiguously create a fully enforceable agreement binding You and the Company to all the terms, conditions and other provisions set forth in this Agreement. You further acknowledge and agree that You will be deemed to have manifested Your assent and agreement to this Agreement by any act that reasonably demonstrates Your assent and/or agreement to this Agreement, including, without limitation, (i) by clicking any "acceptance" or "I agree" button or hyperlink in association with this Agreement in which the words "I AGREE AND ACCEPT ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT" or reasonably similar text appears, (ii) by using PsychicsLive™, the Website, and/or any Service provided by the Company, including, without limitation any of the Company's Videoconferencing Services; and/or (iii) by ordering, purchasing or receiving any Service or Content, including, without limitation any Performance. You agree that by providing Your assent to this Agreement You will be consenting to having information provided to You by electronic record. You acknowledge that You may access and obtain an electronic version of the executed copy of this Agreement, free of charge by printing this page. Access to the electronic record of this Agreement requires a simple browser program such as Internet Explorer™, Firefox™ or Safari™, an Internet connection, and a computer. You acknowledge that Your computer equipment, and changes thereto, may affect Your ability to obtain an electronic version of the executed document. You acknowledge that if any applicable law requires that information regarding this transaction be provided to You in writing, that You have the option of having such information provided to You on paper and that You may withdraw consent to have a record of such information provided to You electronically by emailing Company at customerservice@vs.com. You may update information for Company to contact You, and for You to obtain a paper copy of the aforementioned required information, if any, at no cost, by emailing Company at the same address. You acknowledge that until You electronically provide Your assent to this Agreement, You have the option of entering into a hard copy paper version of this Agreement by request to the Company at customerservice@vs.com. You hereby represent and warrant that it is Your unequivocal intent to provide Your assent and agreement to this Agreement, and that it is also Your unequivocal intent to provide Your assent and agreement to this Agreement and any and all subsequent revisions of this Agreement by any reasonable means, including, without limitation, by using PsychicsLive™, the Website, and/or any Service provided by the Company.
54

Express Intent Of The Parties Regarding Paragraphs 29, 52, 53, And This Paragraph 54. You and the Company expressly agree that it is Yours and the Company's express intentthat the provisions of this Paragraph 54 and Paragraphs 29, 52, and 53 shall apply to the subject matter of this Agreement to the fullest extent under law. To achieve the aforesaid express intent, if the choice of laws provision set forth in this Agreement would result in the application of law that would materially limit or precludes the application of the Paragraphs 29, 52, 53 and/or this Paragraph, then, notwithstanding the choice of laws and jurisdiction provisions of this Agreement set forth herein at the time of execution of this Agreement, You and Company expressly agree that either You or Company shall have the right to change the choice of laws provisions of this Agreement with respect to, and as they only pertain to, the subject matter of Paragraphs 29, 52, 53 and/or this Paragraph to a jurisdiction in which there is no law that materially limits the full application of Paragraphs 29, 52, 53 and/or this Paragraph 54. You expressly agree that in the event that both You and Company invoke the right to change the jurisdiction and choice of laws provisions of this Agreement as set forth in the preceding sentence, and doing so results in different jurisdictions and/or choice of laws, You expressly agree that the Company's choice shall prevail and be applied as the jurisdiction and the choice of laws provisions pertaining to the subject matter of Paragraphs 29, 52, 53 and/or this Paragraph 54. The foregoing shall also apply with respect to the Parties' intent that this Paragraph 54 shall not be found to be invalid for any reason.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT COMPRISING 54 NUMBERED PARAGRAPHS IN ITS ENTIRETY, THAT YOU FULLY UNDERSTAND ITS TERMS, AND THAT YOU HAVE AGREED TO ALL OF ITS TERMS FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO YOU AND THAT YOU UNDERSTAND THAT THE RELEASE OF LIABILITY SET FORTH IN THIS AGREEMENT IS INTENDED TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW.