Terms & Conditions
LAST UPDATED ON: July 25, 2019.
Welcome to KinkVR! KinkVR is for ADULTS ONLY and contains sexually explicit material unsuitable for minors. You must be at least 18 years old and the age of majority where you live in order to access KinkVR. If you do not meet the age requirement, you are forbidden to access KinkVR and you must leave immediately.
KinkVR and the Website offer a platform and content—particularly virtual reality (“VR”) content—for users to stream and/or download videos (the “Services”). To view the videos, you will need a smartphone, VR headset, personal computer, tablet or other device that meets the Website’s system and compatibility requirements. You can learn more about device compatibility, setup, and other general questions about VR at https://kinkvr.com/help/.
License and Right to Use
KinkVR grants you a nonexclusive, non-sublicensable, nontransferable license to access the Services and content for your personal and noncommercial use in accordance with these Terms. Except for the foregoing, no right, title or interest shall be transferred to you.
The Services and content are for your own personal enjoyment. You agree not to use KinkVR for any commercial purpose, and you will ensure that this material is not made available to any minors. You also agree not to reproduce, distribute, modify, display, perform, publish, license, create derivative works from or offer for sale any of the KinkVR content.
Your right to use the Services is subject to any limitations, conditions, and restrictions that may be established by us in our sole discretion. We may alter, suspend, or discontinue any aspect of the Services at any time, including the availability of any Service feature, database, or content. We may also impose limits on certain features and aspects of the Services or restrict your access to some or all of the Services without notice or liability.
We reserve the right to terminate your access and/or subscription if you are found to be in violation with these Terms. We reserve the right to make changes to these Terms and will notify you by changing the date at the top of this Agreement. You acknowledge that it is your responsibility to check these Terms and ensure you are up to date.
Membership Fees and Charges
KinkVR offers subscription packages to its Services. The price depends on your package choice and recurring monthly charges will apply to the account you specify. Users may purchase an initial trial which later recurs to a monthly charge unless canceled. Purchases are done securely through our authorized sales processing agent, and your information will be transmitted securely through Secure Socket Layer (SSL) software to ensure protection. You will receive unlimited access to our support resources, unlimited downloads of all programs located within our site, and unlimited technical support contact with our staff.
The registration process will require you to provide certain information as well as choose a username and password for your account. You are responsible for maintaining the confidentiality and security of your username and password, and you are responsible for all activities that occur under your account. If you suspect any unauthorized use of your account, notify us immediately. You agree to pay all fees and charges incurred in connection with your membership including any applicable taxes.
We reserve the right to make changes to the Website, including the fees and charges for the Services. We will notify you of any changes by updating these Terms; it is your responsibility to remain up to date.
All payments are nonrefundable. In the event that you are unsatisfied with the Services, or believe that a purchase was made in error, please contact Customer Support for immediate assistance.
Privacy and Use of Information
User Submissions and Content
KinkVR may provide users with the opportunity to share user content on Website forums, chats or commentary sections. You acknowledge that KinkVR is not responsible for and cannot control what is shared by other users. KinkVR has no obligation to review or monitor user content, and does not approve, endorse, or make any representations or warranties with respect to user submissions.
The Website maintains a members’ forum and welcomes comments and criticisms from users. While KinkVR likes to engage with its community, it has no obligation to respond to these user communications.
KinkVR may solicit ideas, stories or screenplays from users through the members’ forum for new content creation. By submitting any such material, you agree to that: (a) your submissions and their contents will automatically become the property of KinkVR without any compensation to you; (b) your submissions do not infringe on the rights of any third-party; (c) KinkVR has no obligation to review the submission; (d) KinkVR may use, redistribute, recreate, modify and/or edit the submission in any way; and (e) there is no obligation to keep any submissions confidential.
You may not engage in any of the following prohibited activities on the Website: (a) copying, distributing, or disclosing any portion of the Website in any medium (automated or non-automated); (b) transmitting spam or other unsolicited commercial mail; (c) attempting to interfere with or compromise the system integrity or security; (d) uploading invalid data, virsus, worms, or other harmful agents through the Website; (e) collecting or harvesting any personally identifiable information; (f) bypassing security measures that may be employed, including features to prevent or restrict the use or copying of any content or to enforce limitations on use or content; (g) using the Website for any unlawful purpose or in any way that is prohibited by this agreement or any applicable law.
Disclaimers and Limitation of Liability
THE SERVICE IS DISTRIBUTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, AND INTERRUPTIONS IN THE AVAILABILITY OF THE SERVICE. TO THE EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any software, programs, advice, opinion, statement or other information displayed, uploaded or distributed through the Services, our partners, any user or any other third party. You acknowledge that any reliance upon any such opinion, download, advice, statement or information shall be at your sole risk. Your continued use of the service will constitute a binding acceptance by you of this Agreement.
KinkVR, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any of the following: (a) errors or inaccuracies in the content; (b) personal injury or property damage resulting from your access to and use of the Website or Services; (c) content or conduct that one may consider to be obscene, indecent, or offensive; (d) interruption or cessation of transmission to or from the Website and/or Services; (e) bugs, viruses, Trojan horses, malware, ransomware, or other harmful code that may be transmitted to or through the Website by any person or that might infect your computer or affect your access to or use of the Website or Services; (f) loss or damage incurred because of the use of any content posted, emailed, sent, or otherwise made available through the Website.
IN NO EVENT SHALL KINKVR’S AGGREGATE LIABILITY TO YOU UNDER ANY THEORY EXCEED THE SUM OF ONE HUNDRED U.S. DOLLARS OR THE AMOUNT PAID BY YOU TO KINKVR IN CONNECTION WITH THE SITE FROM THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS, WHICHEVER AMOUNT IS LESS.
You agree to indemnify us, our officers, directors, employees, agents and related companies from any loss or damages, including without limitation, reasonable legal fees which we may suffer from your activities on or use of the Services, such as any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
In no event shall KinkVR be liable for any direct, indirect, special, statutory, punitive or exemplary damages arising out of or relating to your access or inability to access the Website, regardless of whether we have been told, knew, or should have known of the possibility of such damages.
Either party may terminate this agreement at any time by notifying the other party. KinkVR may suspend, disable, or cancel your access to the Website and/or Services if it determines you may have breached this agreement. Termination of your access to the Website shall not relieve you of any obligations incurred prior to such termination or limit any liability that you otherwise may have to KinkVR or any third-party.
Disclosures and Other Communication
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any KinkVR related products and services.
Section 230(d) Notice
In accordance with 47 U.S.C. § 230(d), you are notified that parental control protections—such as hardware, software, or filtering services—are commercially available and may help in limiting access to material that is harmful to minors. You may find information about providers of these services by searching the Internet for “online parental control protection” or other similar terms.
For any dispute arising out of or relating to this agreement or your use of the Website, both parties agree to first attempt to resolve any issues informally and in good faith through a mandatory thirty (30) day investigation and negotiation period, beginning on the date that any such notice is received.
Both parties hereby waive the right to a trial by jury for any dispute arising out of or relating to the Website. Either party may enforce this waiver up to and including the first day of trial.
Both parties hereby waive the right to participate in a class action. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
Any claim or dispute arising out of or relating to the Website and/or its Services must be brought within one (1) year from the event giving rise to the dispute. Any claims brought after one (1) year shall be barred.
This agreement shall be governed by the laws of the United States and the State of New York without giving effect to any choice of law principles and shall be subject to jurisdiction in the courts of the State of New York.
If any provision or provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.