Last modified: February 7, 2025

Acceptance of the Terms of Service

These terms of service are entered into between you and General Media Systems, LLC (the "Company", "we " or "us"). The following terms and any documents they reference govern your access to and use of the website or websites you are accessing or purchasing access to, including any content, functionality, and services offered on or through those websites (collectively, the “Websites”), whether as a guest or a registered user.

Please read these terms of service carefully before using our Websites.By accessing or using any of our Websites or by clicking to accept or agree to these terms of service when this option is made available to you, you accept and agree to be bound and abide by these terms of service.If you do not want to agree to these terms of service, you must not access or use our Websites.

These terms of service contain provisions that govern how claims you and we have against each other are resolved (see "Warranty Disclaimers", "Limitation of Liability " and "Dispute Resolution " provisions below). It also contains an arbitration and class action waiver (see "Arbitration and Class Action Waiver") (the "Arbitration Agreement"). Except for certain types of disputes described in the Arbitration Agreement, you and the Company agree that any disputes arising out of these terms of service or the Websites will be resolved through binding arbitration. By accepting these terms of service, you and the Company are each waiving the right to a trial by jury or representative proceeding or to participate in any class action lawsuit or class-wide arbitration.

The Websites are offered and available to users who are at least 18 years old, have reached the age of majority in their jurisdiction, reside in locations where accessing websites with adult-oriented material is not prohibited, and do not find that material offensive. By using any of our Websites, you confirm that (1) you are of legal age to form a binding contract with the Company, (2) you are of legal age in your jurisdiction to view adult content, and (3) you do not find adult-oriented material offensive. If any of these statements is untrue, you are prohibited from accessing or using our Websites.

Changes to the Terms of Service

We may revise and update these terms of service on one or more occasions. All changes are effective immediately upon posting and apply to all access to and use of our Websites afterwards. However, any changes to the Dispute Resolution section will not apply to disputes for which the parties had actual notice before the changes were posted.

By continuing to use our Websites after revised terms are posted, you accept and agree to the changes. You are responsible for checking this page regularly to stay informed of any updates, as they are binding on you.

Membership

The Company provides a subscription service that allows members to access adult entertainment content (the "Content") on one or more of our Websites. Unless specified otherwise at the time of purchase, or if your purchase is made through VixenPlus.com, your membership grants access only to the Content available on the specific Website where the membership was purchased. For example, if you sign up through Blacked.com, your membership grants access exclusively to the Content on Blacked.com.

We offer various subscription plans, each with its own conditions and limitations. Any differences in terms will be disclosed at the time of sign-up or through other communications provided to you.

Unless you purchase a nonrecurring membership (e.g., a one-time payment for a fixed-term membership), your membership will automatically renew and continue until terminated. To purchase a membership, you must provide us with one or more valid Payment Methods. "Payment Method " means a current, accepted payment option, which may include payment through a third-party account and can be updated as needed. If you purchase a recurring membership, you must cancel it before the renewal date to avoid being charged subscription fees for the next billing cycle (see "Cancellation below).

Trial Subscriptions

If you are offered a trial subscription, the terms will be disclosed at the time of sign-up. You may incur an initial charge at the start of the trial period, and unless canceled before the trial ends, you will be charged the applicable subscription fee at the end of the trial.To avoid charges, you must cancel your trial subscription before the trial period concludes.Trial subscriptions are subject to the same cancellation terms as regular subscriptions (see Cancellation below).

Promotional Offers

We may occasionally provide special promotional offers, plans, or memberships ("Offers"). Offer eligibility is determined solely by the Company at its discretion. We reserve the right to revoke an Offer and place your account on hold if we determine that you do not meet eligibility criteria, which may include factors such as device ID, IP address, Payment Method, or an account email associated with an existing or recent membership. Eligibility requirements, along with any limitations or conditions, will be disclosed at the time you sign up for the Offer or in other communications provided to you.

Billing and Cancellation

Billing Cycle

Your subscription fee, along with any other charges incurred in connection with your use of the service (e.g., taxes or transaction fees), will be charged to your Payment Method at the start of each subscription period, as specified during sign-up. The length of your billing cycle depends on the subscription plan you selected when you registered. Subscription fees are fully earned upon payment.

Your payment date may change under certain circumstances, such as if your Payment Method fails to process, if you change your subscription plan, or if your subscription started on a day not included in a particular month. In such cases, we will notify you in advance of any changes to your payment date.

We may preauthorize your Payment Method in anticipation of subscription or service-related charges. This may include authorizing up to approximately one month of service at the time of registration.

If you are offered a trial subscription, you may incur an initial charge at the start of the trial period. Unless canceled before the trial ends, you will be charged the applicable subscription fee at the conclusion of the trial period.

Payment Methods

To access the Content, you must provide a valid Payment Method. You are responsible for any unpaid amounts. If a payment fails due to expiration, insufficient funds, or other issues, and you do not cancel your account, we may suspend your access to the Content until a valid Payment Method is successfully charged.

We will notify you of any payment failure and allow you to update your Payment Method. Note that some Payment Methods may incur additional charges from the issuer, such as foreign transaction or processing fees. Contact your Payment Method provider for details.

Updating your Payment Method

You can update your Payment Method by contacting the payment processor you signed up through, as indicated in your confirmation email receipt. Payment processors may also update your Payment Method automatically using information provided by payment service providers. If your Payment Method is updated, you authorize the payment processor to continue charging the updated Payment Method.

Cancellation

You can cancel your membership at any time and continue to access the Website or Content you purchased until the end of your billing period. To cancel, visit the billing portal and follow the instructions, or contact customer support at support@tushyraw.com for help. You can also cancel through the payment processor’s website. To find the payment processor you used, check your confirmation email receipt or credit card statement.

If you cancel your membership, your account will automatically close at the end of your current billing period. The closure date will be listed in your cancellation confirmation email.

Changes to the Price and Subscription Plans

We may update our subscription plans or adjust the price of our service on one or more occasions. If we make changes, we will notify you at least one month in advance of the effective date. If you do not agree to the updated price or subscription plan, you can cancel your membership before the changes take effect.

No Refunds

Except as required by law, all payments are nonrefundable, and we do not provide refunds or credits for partially used subscription periods. If you cancel your membership, you will still have access to the applicable Website until the end of your current billing period.

We may choose to offer refunds, discounts, or other credits at our discretion. The decision to provide these credits, as well as their amount and form, is entirely up to us. Offering credits in one situation does not guarantee or entitle you to credits in the future, even in similar circumstances.

Streaming Quality

The quality of streamed Content may vary depending on your device, location, Internet speed, and available bandwidth. HD and Ultra HD availability depends on your Internet service and device capabilities. Not all Content is available in HD or Ultra HD formats.

The minimum connection speed for HD video quality (720p or higher) is 3.0 Mbps per stream, though we recommend faster speeds for a better experience. To stream Full HD (1080p or higher), a connection speed of at least 5.0 Mbps per stream is recommended. For Ultra HD (4K or higher), we recommend a connection speed of at least 15.0 Mbps per stream.

You are responsible for any Internet access charges. Check with your Internet provider for details about potential data usage fees. The Company does not guarantee the quality of your viewing experience, as it may be influenced by factors such as your location, bandwidth, selected Content, and device configuration. The time it takes to start streaming may also vary for these reasons.

Accessing the Websites and Account Security

We may withdraw or amend any of our Websites and any service or material we provide on any of our Websites without notice. We will not be liable if, for any reason, any part of the Website you are accessing is unavailable. On one or more occasions, we may restrict access to some parts of the Website you are accessing, or the entire Website, to users, including registered users. Access to certain Content or features may require a paid subscription, and that access is granted solely during your active subscription.

You are responsible for both:

Making all arrangements necessary for you to have access to the applicable Website.
Ensuring that all persons who access the applicable Website through your internet connection are aware of these terms of service and comply with them.

To access any of our Websites or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of any Website that all the information you provide on that Website is accurate. All information you provide to register with any Website or otherwise, including, but not limited to, through the use of any interactive features on the Websites, is governed by our Privacy Policy linked to at the bottom of each Website, and you consent to all actions we take regarding your information consistent with our Privacy Policy.

If you create or are assigned a username, password, or other security credentials as part of our security procedures, you must keep this information confidential and not share it with anyone. Your account is personal to you, and you must not allow others to access any Website or its features using your credentials.

You must notify us immediately if you become aware of any unauthorized access to your account, use of your credentials, or other security breaches. Always log out at the end of each session, especially when using a public or shared computer, to prevent others from viewing or recording your password or personal information.

We may disable any username, password, or other identifier, whether chosen by you or provided by us, for any reason, including if, in our opinion, you have violated any provision of these terms of service or engaged in fraudulent or illegal activities.

Intellectual Property Rights

The Websites, along with all their contents, features, and functionality—including but not limited to information, software, text, displays, images, video, audio, and their design, selection, and arrangement—are owned by the Company, its licensors, or other content providers. These materials are protected by United States and international laws governing copyrights, trademarks, patents, trade secrets, and other intellectual property rights.

These terms of service allow you to access and use the Website you purchased access to for your personal, noncommercial use only, and subject to any applicable subscription terms. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from our Websites, except as follows:

Your computer may temporarily store copies of those materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may stream or download Content for your own personal, noncommercial use and not for further reproduction, publication, or distribution.Downloads are limited to 25 videos per week, with the week starting on the day of your first download. Unused downloads do not carry over to the following week.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
If we provide social media features with certain content, you may take those actions as are enabled by those social media features.

You must not:

Modify copies of any materials from our Websites.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Websites.
Share downloaded Content with others, upload it to public or private servers, or make it available for download or streaming by others.
Alter, edit, or create derivative works from the Content, including but not limited to creating compilations, mashups, or remixes.
Attempt to bypass, remove, or disable any digital rights management (DRM) software or other security measures used to protect the Content.

You must not access or use any part of our Websites, or any services or materials available through them, for commercial purposes.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of any Website in breach of these terms of service, your right to use that Website will terminate immediately. You must also destroy any copies of the materials you have made, including downloaded Content. No ownership interest in the Websites or their Content is transferred to you. The Company reserves all rights not granted under these terms of service. Any unauthorized use of the Websites is a breach of these terms of service and may violate copyright, trademark, or other applicable laws.

Trademarks

The Company name, the terms BLACKED, BLACKED RAW, VIXEN, VIXEN PLUS, TUSHY, TUSHY RAW, DEEPER, and SLAYED, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use those marks without the Company’s prior written permission. All other names, logos, product and service names, designs, and slogans on our Websites are the trademarks of their respective owners.

Prohibited Uses

You may use our Websites only for lawful purposes and in accordance with these terms of service. You must not use any of the Websites:

In any way that violates any federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or reuse any material that does not comply with the Content Standards set out in these terms of service.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail, " “chain letter, " “spam, " or any other similar solicitation.
To impersonate or try to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the preceding).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or that, as determined by us, may harm the Company or users of the Websites, or expose them to liability.

Additionally, you must not:

Use the Websites in any manner that could disable, overburden, damage, or impair the Websites or interfere with any other party's use of the Websites, including their ability to engage in real-time activities through the Websites.
Conduct, facilitate, authorize, or permit any text or data mining or web scraping regarding the Websites or any services provided through, or concerning, the Websites for any purpose, including the development, training, fine-tuning, or validation of AI systems or models. This includes using (or permitting, authorizing, or attempting the use of) (1) any "robot," "bot," "spider," "scraper," or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor, or republish any portion of the Websites or any data, content, information, or services accessed through the Websites, or (2) any automated analytical technique aimed at analyzing text and data in digital form to generate information or develop, train, fine-tune, or validate AI systems or models that includes but is not limited to patterns, trends, and correlations.
Use the Websites or any data published by, contained in, or accessible through, the Websites or any services provided through, or concerning, the Websites for the purposes of developing, training, fine-tuning, or validating any AI system or model or for any other purposes.
Use any manual process to monitor or copy any of the material on the Websites, or for any other purpose not authorized in these terms of service, without our prior written consent.
Use any device, software, or routine that interferes with the Websites' proper working.
Circumvent, remove, alter, deactivate, degrade, block, obscure, or thwart any of the content protections or other elements of the Websites, including the graphical user interface, any advertising or advertising features, copyright notices, and trademarks.
Decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Websites.
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Websites, the servers on which the Websites are stored, or any server, computer, or database connected to the Websites.
Attack the Websites by a denial-of-service attack or a distributed denial-of-service attack.
Otherwise try to interfere with the Websites' proper working.

User Comments

The Websites include interactive features (the "Interactive Services") that allow users to post comments ("User Comments") on Content available through the Websites.

All User Comments must comply with the Content Standards set out in these terms of service.

Any User Contribution you post will be considered non confidential and nonproprietary. By providing any User Contribution, you hereby grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to nonparties any User Contribution for purposes of operating or promoting the Websites and the Content.

You state that the following facts are accurate:

You own or control all rights in those User Comments and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All your User Comments do and will comply with these terms of service.

You are responsible for any User Comments you submit or contribute, and you, not the Company, have full responsibility for that content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any nonparty for the content or accuracy of any User Comments you post.

Monitoring and Enforcement; Termination

We may:

Remove or refuse to post any User Comments for any reason.
Take any action regarding any User Contribution that we consider necessary or appropriate, including if we believe that the User Contribution violates these terms of service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of our users or the public, or could create liability for the Company.
Disclose your identity or other information about you to any nonparty who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Websites.
Terminate or suspend your access to all or part of any of our Websites for any reason, including, but not limited to, a violation of these terms of service.

Without limiting the foregoing, we may cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Websites. You hereby waive, and shall indemnify the Company and its affiliates, licensees, and service providers against, any claims resulting from any action taken by any of the preceding parties during, or taken because of, investigations by either those parties or law enforcement authorities.

We do not review material before it is posted on the applicable Website and cannot guarantee the prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any actions or inactions related to transmissions, communications, or content provided by users or third parties. We are not liable or responsible to anyone for the performance or nonperformance of the activities described above.

Content Standards

These content standards apply to any User Comments and use of Interactive Services. User Comments must, in their entirety, comply with all federal, state, local, and international laws and regulations. Without limiting the preceding, User Comments must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or any content that violates applicable laws or promotes unlawful activity.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these terms of service and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act, including, but not limited to, prostitution, sex trafficking, or human trafficking.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any individual or entity, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, including contests, sweepstakes, sales promotions, bartering, or advertising.
Mislead others into believing they originate from or are endorsed by us, or any other person or entity, if that is not the case.

Private Label Cam Sites

General

Our Websites host or contain private-label cam sites, either directly or through subdomains. These cam sites are operated by third-party providers under license or agreement with the Company. While these sites may bear our branding or be integrated into our platforms, the content and activities are managed primarily by the third-party operators.

Content and Conduct

The content and activities on private-label cam sites, including live streams, videos, images, and other media, are the sole responsibility of the third-party operators and users generating the content. We do not control the content posted on these cam sites and are not liable for content that violates our standards or the law.

You must not:

Engage in or promote illegal activities on the cam sites, including the distribution of obscene material, exploitation of minors, or human trafficking.
Harass, abuse, or infringe on the privacy or rights of other users, performers, or operators.
Use the cam sites to distribute unsolicited promotional material, spam, or engage in fraudulent activities.

Subdomain Management and Liability

Private-label cam sites hosted on subdomains of our Websites are the responsibility of their operators to ensure compliance with laws, regulations, and these terms of service.

Operators are required to:

Monitor all content and activities to ensure compliance with these terms of service and applicable laws.
Address user complaints or reports of misconduct promptly.
Implement appropriate security measures to protect user data and prevent unauthorized access.

The Company is not liable for actions, omissions, or content provided by third-party operators on these subdomains.

Monitoring and Action

Although the Company does not assume responsibility for private-label cam sites, we reserve the right to monitor these sites and take action as needed to comply with legal obligations or protect our rights and interests.

Dispute Handling

Disputes arising from your interaction with private-label cam sites are subject to the Dispute Resolution terms in this agreement. The Company will not be a party to disputes between you and third-party operators unless required by law.

Limitation of Liability

The Company is not responsible for the content, actions, or omissions of third-party operators of private-label cam sites. Your use of these cam sites is at your own risk, and the Company is not liable for damages or losses resulting from your interaction with these cam sites.

Reliance on Information Posted

The information provided on or through our Websites is for general informational purposes only. We make no guarantees about the accuracy, completeness, or usefulness of this information. Any reliance you place on it is strictly at your own risk. We are not liable for any reliance placed on this information by you, other visitors to our Websites, or anyone who may be informed of its contents.

Our Websites may include content from third parties, such as materials provided by other users or nonparty licensors. All statements, opinions, articles, responses to questions, and other content—other than content provided by the Company—are solely the opinions and responsibility of the individuals or entities providing them. These materials do not necessarily reflect the Company's views. We are not responsible or liable to you or any third party for the content or accuracy of materials provided by nonparties.

Changes to the Websites

We may update the content on our Websites periodically; however, the content may not always be complete or up to date. Materials on our Websites might become outdated at any time, and we are under no obligation to update them.

Information About You and Your Visits to Our Websites

All information collected on our Websites is subject to our Privacy Policy. By using any of our Websites, you consent to our handling of your information as described in the Privacy Policy.

Other Terms and Conditions

Additional terms may apply to specific portions, services, or features of the Websites. These additional terms are incorporated into and form part of these terms of service.

Linking to Our Websites and Social Media Features

You may link to our website homepage, on condition that you do so in a fair and legal manner that does not harm our reputation or take advantage of it. However, you must not establish a link in a way that suggests any form of association, approval, or endorsement by us without our prior written consent.

Our Websites may include social media features that allow you to:

Link from your own website or certain third-party websites to specific content on our Websites.
Share content or links to content on our Websites through emails or other communications.
Display limited portions of content from our Websites on your own website or certain third-party websites.

You may use these features only as provided by us, only with the content they are displayed alongside, and in accordance with any additional terms we specify. Subject to these conditions, you must not:

Establish a link from any website that you do not own.
Cause any part of our Websites to be displayed on, or appear to be displayed by, another site, including through framing, deep linking, or in-line linking.
Link to any part of our Websites other than the homepage.
Take any action regarding the materials on our Websites that is inconsistent with these terms of service.

The website you link from, or on which you make content from our Websites accessible, must fully comply with the Content Standards outlined in these terms of service.

You must cooperate with us to immediately stop any unauthorized framing or linking. We reserve the right to withdraw linking permission at any time without notice.

We may disable any social media features and any links without notice.

Links from the Websites

Our Websites may include links to external sites and resources provided by third parties, such as banner advertisements and sponsored links. These links are offered for your convenience only. We have no control over the content of these external sites or resources and accept no responsibility for them or any loss or damage resulting from your use of them. If you choose to access any third-party websites linked to our Websites, you do so at your own risk and subject to the terms and conditions of those websites.

Warranty Disclaimers

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Websites for any reconstruction of any lost data. To the extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Websites or any services or items obtained through the Websites or to your downloading of any material posted on them, or on any website linked to them.

Your use of any of our Websites, its content, and any services or items obtained through that Website is at your own risk. The Websites, their content, and any services or items obtained through the Websites are provided "as is" and "as available," without any warranties, either express or implied. Neither the Company nor any person associated with the Company is making any warranty regarding the completeness, security, reliability, quality, accuracy, or availability of the Websites. Without limiting the preceding, neither the Company nor anyone associated with the Company states that the Websites, their content, or any services or items obtained through the Websites will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Websites or the servers that make them available are free of viruses or other harmful components, or that the Websites or any services or items obtained through the Websites will otherwise meet your needs or expectations.

To the extent provided by law, the Company is not making any warranty, whether express or implied, statutory, or otherwise, including but not limited to any warranty of merchantability, noninfringement, and fitness for a particular purpose.

The above disclaimers do not affect any warranties that cannot be excluded or limited under law.

Limitation of Liability

To the extent provided by law, in no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages, under any legal theory, arising out of or in connection with your use, or inability to use, the Websites, any websites linked to it, any content on the Websites or those other websites or any services or items obtained through the Websites or those other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

To the extent provided by law, in no event will the collective liability of the Company and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $250 and the total amount you have paid to the Company in the last six months for the applicable service out of which liability arose.

The above limitation of liability does not apply to liability resulting from our gross negligence or willful misconduct.

The above limitation of liability does not affect any liability that cannot be excluded or limited under law.

Indemnification

You shall indemnify the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms of service or your use of any of our Websites, including, but not limited to, your User Comments, any use of the Websites’ content, services, and products other than as expressly authorized in these terms of service, or your use of any information obtained from any of our Websites.

Dispute Resolution

Governing Law

Delaware law governs all adversarial proceedings arising out of this agreement or access or use of our Websites.

Equitable Remedies

Each party acknowledges that (1) breach by either party of that party’s obligations under this agreement has the potential to cause irreparable harm for which damages would be an inadequate remedy and (2) if any such breach occurs or is threatened and might cause irreparable harm, each party would want a court to grant the other party an injunction, a restraining order, or any other equitable remedy, in each case without posting a bond or other security and without proof of actual damages.

Arbitration and Class Action Waiver

Mandatory Arbitration. You and the Company are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action regarding a claim. Other rights that you would have if you went to court might also be unavailable or might be limited in arbitration.

Arbitration forum. As the exclusive means of bringing adversarial proceedings to resolve any dispute arising out of this agreement or access or use of our Websites (other than any proceeding brought by a party seeking an injunction, a restraining order, or any other equitable remedy to which that party is entitled under the Equitable Remedies provision), a party may demand that the dispute be resolved by arbitration administered by National Arbitration and Mediation ("NAM") in accordance with its Comprehensive Dispute Resolution Rules and Procedures and, if applicable, Supplemental Rules for Mass Arbitration Filings, which are available at https://www.namadr.com/resources/rules-fees-forms/. Judgment on any award rendered in any arbitration may be entered in any court having jurisdiction. The activities described in these terms of service involve interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement and any arbitration.

Arbitration procedures. Any arbitration begun in accordance with this arbitration provision must be conducted by one arbitrator. Any arbitration begun in accordance with this arbitration provision must be conducted virtually using Zoom or a virtual meeting platform that provides similar functionality. If virtual arbitration is not possible due to technical issues, because the arbitrator is unwilling or unable to attend the arbitration virtually, or for one or more other compelling reasons, the arbitration must be conducted in Wilmington, Delaware, or any other place mutually agreed on by the parties. The arbitrator must not award punitive damages in addition to compensatory damages. Each party hereby waives any right to recover any such damages in any arbitration. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. The Company will not seek attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The arbitrator will have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate, except that the state or federal courts of Wilmington, Delaware have the authority to determine any dispute about enforceability or validity of the class action waiver.

Small claims exception. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intent to do so within 60 days of the date your claim arose. The small-claims court proceeding will be limited solely to your individual dispute or controversy.

Class and Jury Trial Waivers. The parties intend to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative proceeding. The arbitrator must not consolidate more than one person's claims and must not otherwise preside over any form of a representative or class proceeding. Only individual relief is available. The parties shall sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and the Company knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

Batch arbitration. If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar disputes within 90 days of each other, then you and the Company agree that NAM will administer them in batches of up to 50 claimants each ("Batch"), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.

Severability. If any provision of this Arbitration Agreement is found unenforceable, the unenforceable provision will be severed, and the remaining portions of the Arbitration Agreement will remain in force.

Jurisdiction

If either party brings a proceeding regarding the enforceability or validity of the class action waiver or seeking an injunction, a restraining order, or other equitable remedy to which that party is entitled under the Equitable Remedies provision, that party may bring that proceeding only in the United States District Court for the District of Delaware or, only if there is no federal subject matter jurisdiction, in a state court of Delaware sitting in Wilmington.

Each party hereby waives any claim that any proceeding brought in accordance with this provision has been brought in an inconvenient forum or that the venue of that proceeding is improper.

Recovering Expenses

In an adversarial proceeding between the parties arising out of this agreement or access or use of our Websites, the prevailing party will be entitled to recover from the other party, in addition to any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses.

Time Limit to File Claims

Apart from proceedings arising from a claim for indemnification, neither party may initiate adversarial proceedings to resolve any dispute arising out of this agreement or access or use of our Websites more than one year after the date that dispute arose.

Waiver and Severability

No waiver of any provision of this agreement will be effective unless it is in writing and signed by the party granting the waiver. No failure or delay in exercising any right or remedy under this agreement will operate as a waiver of that right or remedy. A waiver granted on one occasion will not operate as a waiver on future occasions.

If any provision of these terms of service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent so that the remaining provisions of the terms of service will continue in full effect.

Entire Agreement

These terms of service constitute the entire understanding between the parties regarding this agreement or access or use of our Websites. You acknowledge that because you have not relied on, and will not be relying on, any statements made by the Company arising out of this agreement or access or use of our Websites, you will have no basis for bringing any claim for fraud in connection with any such statements.

Feedback

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

Communication Preferences

We will send you information relating to your account (e.g., payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example, via emails to your email address provided during registration. You acknowledge that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

Your Comments and Concerns

Our Websites are operated by General Media Systems, LLC.

All feedback, comments, requests for technical support, and other communications relating to our Websites should be directed to: Support page.

California Users and Residents

California residents may also send complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.