Acceptance of the Terms of Service

These terms of service are entered into between you and VRB Gay (“VRB Gay,” “we,” “our,” or “us”). The following terms and any documents they reference govern your access to and use of https://www.vrbgay.com/, including any content, functionality, and services offered on or through https://www.vrbgay.com/ (the “Website”), whether as a guest or a registered user.

Please read these terms of service carefully before using our Website. By accessing or using our Website 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 Website.

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 VRB Gay agree that any disputes arising out of these terms of service or the Website will be resolved through binding arbitration. By accepting these terms of service, you and VRB Gay 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 Website is 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 our Website, you confirm that (1) you are of legal age to form a binding contract with VRB Gay, (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 are untrue, you are prohibited from accessing or using our Website. Access may also be subject to successful completion of our Age Verification Policy and procedures, where required by applicable law.

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 Website thereafter. 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 Website 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

VRB Gay provides a subscription service that allows members to access adult entertainment content (the “Content”) on our Website.

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 that we make available for use, which may include credit or debit card, PayPal, cryptocurrency wallets, or other methods as we may accept from time to time. Payment Methods 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 signing 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 VRB Gay 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 those 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 on a trial subscription, see “Trial Subscriptions” above for specific billing terms.

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.

If you pay with cryptocurrency, you acknowledge that cryptocurrency transactions are irreversible, may be subject to price volatility, and may take additional time to confirm on the network. Refunds for cryptocurrency payments are not available, except as required by law.

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 may cancel your membership at any time. The terms and procedures for cancellation, including how to cancel, the timing of cancellation, and the effect on your access, are set out in our Cancellation Policy (the “Cancellation Policy”). By purchasing a membership, you agree that cancellations will be handled in accordance with the Cancellation Policy, which forms part of these terms of service.

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, VR headset, location, Internet speed, and available bandwidth. HD, Full HD, Ultra HD, and VR playback (including formats up to 12K, where supported) depend on your Internet service, device capabilities, and VR hardware specifications. Not all Content is available in every format or resolution, and some Content may function only on specific VR devices. We do not guarantee that Content will be compatible with every device, browser, or headset, and playback quality may differ even on devices that support higher resolutions.

For standard HD (720p or higher), a minimum connection speed of 3.0 Mbps per stream is recommended. For Full HD (1080p or higher), at least 5.0 Mbps per stream is recommended. For Ultra HD (4K or higher) or VR playback, a connection speed of at least 15.0 Mbps per stream is recommended, with higher speeds providing a better and more stable experience.

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

VR Content Warning

The Website includes virtual reality motion pictures. Viewing VR Content may involve health and safety risks, including dizziness, nausea, disorientation, seizures, or other discomfort. By accessing VR Content, you acknowledge that (1) you should review and follow all warnings and instructions provided by your VR device manufacturer, (2) VR Content may not be suitable for individuals who are elderly, pregnant, or who have certain medical conditions (including heart, vision, or psychiatric conditions), and (3) you should immediately discontinue use if you experience any adverse symptoms. VRB Gay disclaims any responsibility for injuries or adverse effects you may experience from viewing VR Content.

Accessing the Website and Account Security

We may withdraw or amend our Website and any service or material we provide on our Website without notice. We will not be liable if, for any reason, any part of the Website is unavailable. On one or more occasions, we may restrict access to some parts of the Website, 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 Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these terms of service and comply with them.
  • Ensuring that you have the compatible hardware, software, internet connection, and other equipment necessary to access and experience VR Content. We do not guarantee that Content will be viewable on all devices, headsets, or browsers.

To access our Website or certain resources, you may be required to provide registration details or other information. You must ensure that all information you provide is accurate and kept up to date. All information you submit, including through interactive features, is governed by our Privacy Policy, and you consent to our collection and use of your information consistent with that policy.

If you create or are assigned a username, password, or other security credentials, you must keep them confidential and not share them with anyone. Your account is personal to you, and you may not allow others to access the Website or its features using your credentials. You must notify us immediately if you become aware of any unauthorized use of your account or other security breach.

You are responsible for logging out at the end of each session, particularly when using a public or shared computer, to prevent others from viewing or recording your credentials or personal information. We may disable any username, password, or other identifier, whether chosen by you or provided by us, if we determine that you have violated these terms or engaged in fraudulent or illegal activity.

Intellectual Property Rights

The Website, along with all its content, features, and functionality—including but not limited to information, software, text, displays, images, video, audio, and the design, selection, and arrangement of it—are owned by VRB Gay, 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 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 Website, 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, where expressly permitted under your subscription plan, download Content for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.

You must not:

• • Modify copies of any materials from our Website.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Use the Content to train, develop, or improve artificial intelligence or machine learning models without our express written consent.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Website.
  • 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 Website, or any services or materials available through the Website, for commercial purposes.

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

Trademarks

The VRB Gay name, the terms VR BANGERS, DEZYRED, VR CONK, VRB TRANS, VRB GAY, BLOW VR, VR SMASH, AR PORN, and AI PORN X, and all related names, logos, product and service names, designs, and slogans are trademarks of VRB Gay or its affiliates or licensors. You must not use these marks, or any confusingly similar marks, without our prior written permission, including in a manner that misrepresents your relationship with us or misleads others as to source, sponsorship, or endorsement. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

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

• • In any way that violates any applicable 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 VRB Gay, 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 foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or that, as determined by us, may harm VRB Gay or users of the Website, or expose them to liability.

Additionally, you must not:

• • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
  • Conduct, facilitate, authorize, or permit any text or data mining or web scraping regarding the Website or any services provided through, or concerning, the Website 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 Website or any data, content, information, or services accessed through the Website, 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 Website or any data published by, contained in, or accessible through, the Website or any services provided through, or concerning, the Website 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 Website, 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 Website’s proper working.
  • Circumvent, remove, alter, deactivate, degrade, block, obscure, or thwart any of the content protections or other elements of the Website, 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 Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website by a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise try to interfere with the Website’s proper working.

User Content

The Website may include interactive features, including comment sections, chat functions, forums, live cam interactions provided through API integrations, and other communication tools (collectively, the “Interactive Services”). Content that you submit, transmit, or display through the Interactive Services (“User Content”) must comply with the Content Standards set out in these terms of service.

Any User Content you post will be considered nonconfidential and nonproprietary. By providing any User Content, 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 Content for purposes of operating or promoting the Website and the Content.

You state that the following facts are accurate:

• • You own or control all rights in those User Content 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 Content do and will comply with these terms of service.

You are responsible for any User Content you submit or contribute, and you, not VRB Gay, 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 Content you post.

Monitoring and Enforcement; Termination

We may:

• • Remove or refuse to post any User Content for any reason.
  • Take any action regarding any User Content that we consider necessary or appropriate, including if we believe that the User Content 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 VRB Gay.
  • 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 Website.
  • Terminate or suspend your access to all or part of our Website 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 Website. You hereby waive, and shall indemnify VRB Gay and its affiliates, licensees, and service providers against, any claims resulting from any action taken by any of the foregoing parties during, or taken because of, investigations by either those parties or law enforcement authorities.

For details on how to report content and how we handle complaints, please see our Complaints and Content Removal Policy, which forms part of these terms of service.

We do not pre-screen all User Content before it is posted or transmitted, particularly in Interactive Services such as comments, forums, chats, or live cam text. We reserve the right, but have no obligation (except as required by law), to monitor, review, or remove User Content, and we may do so at our discretion or in response to reports from other users. We cannot guarantee that objectionable material will always be identified or removed promptly.

However, when we receive a valid notice that User Content is illegal or otherwise violates these terms of service, we will act expeditiously to remove or disable access to that content, consistent with applicable law.

Content Standards

These Content Standards apply to all User Content and use of the Interactive Services. User Content must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

• • Contain any material that is defamatory, unlawfully obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Depict or promote child sexual abuse material (CSAM), nonconsensual sexual content, or material involving individuals under 18 (or the age of majority in their jurisdiction).
  • Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or otherwise promote 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 rights of publicity and privacy) of others, or contain any material that could give rise to civil or criminal liability under applicable laws, or otherwise conflict with these terms of service or our Privacy Policy.
  • Be likely to deceive or defraud any person, or involve fraudulent, deceptive, or misleading practices.
  • Promote or assist any unlawful act, including prostitution, sex trafficking, or human trafficking.
  • Cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or harass 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, promotions, bartering, or advertising, unless expressly authorized by us.
  • Mislead others into believing they originate from or are endorsed by us, or any other person or entity, if that is not the case.

Cam Services Provided by Third Parties

Our Website may include or interoperate with cam services provided through third-party API integrations or subdomains (the “Cam Services”). While these Cam Services may bear our branding or be accessible through our platforms, they are operated by independent third-party providers under license or agreement with VRB Gay.

The third-party operators are primarily responsible for the content and activities on the Cam Services, including live streams, videos, images, chats, and other interactions. We do not pre-screen or control all content posted or transmitted through the Cam Services. However, we reserve the right to monitor or take action, including suspension or removal of content or access, as necessary to comply with law, protect our rights, or meet payment processor requirements.

Your use of the Cam Services is subject both to these terms of service and to the applicable terms and privacy policies of the third-party operators. VRB Gay is not responsible for, and disclaims all liability for, the content, actions, or omissions of the third-party operators or users of the Cam Services. Your interactions with performers, operators, or other users of the Cam Services are at your own risk.

Reliance on Information Posted

The information provided on or through our Website, including blog articles and other editorial content, is for general informational and entertainment purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on that information is at your own risk. The Website may also include content from third parties, including blog contributors, performers, and users. All statements, opinions, and materials expressed by third parties are solely their responsibility and do not necessarily reflect our views. We are not responsible or liable for the content or accuracy of any materials provided by third parties.

Changes to the Website

We may update the content on our Website from time to time, but we do not guarantee that all content will always be complete, accurate, or current. Materials on our Website may be out of date, contain errors, or be incomplete at any given time, and we are under no obligation to update or correct such materials.

Information About You and Your Visits to Our Website

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

Other Terms and Conditions

Additional terms may apply to certain portions of the Website, specific services, or particular features (for example, promotions, referral programs, or integrated applications). Any such additional terms are incorporated into these terms of service by reference, and your use of those portions, services, or features constitutes your agreement to comply with them.

Linking to Our Website

You may link to our homepage in a fair and legal manner that does not damage our reputation or suggest any association, approval, or endorsement by us without our prior written consent.

You must not frame our Website or display it in a way that makes it appear to be part of another site. Any website that links to ours must comply with the Content Standards outlined in these terms of service.

We reserve the right to withdraw linking permission at any time without notice.

Links from the Website

Our Website may include links to third-party websites and resources, such as banner advertisements and sponsored links. These links are provided for your convenience only. We have no control over the content of those sites or resources, and we are not responsible for them or for any loss or damage that may arise from your use of them. If you choose to access any third-party websites linked from our Website, you do so entirely at your own risk and subject to the terms of those websites.

We do not endorse, warrant, or make any representations about third-party sites, their content, or any products or services offered through them.

Warranty Disclaimers

Your use of our Website, its content, and any services or items obtained through our Website is at your own risk. The Website, its content, and any services or items obtained through it are provided “as is” and “as available,” without any warranties, whether express, implied, statutory, or otherwise.

Without limiting the foregoing, neither VRB Gay nor anyone associated with VRB Gay is making any warranty that (1) the Website, its content, or any services or items obtained through it will be accurate, reliable, error-free, or uninterrupted, (2) defects will be corrected, (3) the Website or the server that makes it available are free of viruses or other harmful components, or (4) the Website, its content, or any services or items obtained through the Website will meet your needs or expectations.

To the fullest extent permitted by law, VRB Gay disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose.

We cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints for antivirus protection and data security, and for maintaining external means for reconstructing lost data.

VRB Gay is not responsible for the content, services, or products of third parties, including those linked from or integrated into the Website.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation of Liability

To the extent permitted by law, in no event will VRB Gay, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for any damages, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or those other websites, or any services or items obtained through the Website or those other websites. This includes, without limitation, direct, indirect, special, incidental, consequential, or punitive damages, such as 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, or loss of data, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

Without limiting the foregoing, VRB Gay specifically disclaims liability for any injuries or health issues resulting from the use of virtual reality Content, which you access at your own risk.

To the extent permitted by law, in no event will the collective liability of VRB Gay 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 (1) $250 and (2) the total amount you have paid to VRB Gay in the six months immediately preceding the claim for the specific service giving rise to that liability.

These limitations do not apply to liability resulting from our gross negligence or willful misconduct, or to any other liability that cannot be excluded or limited under applicable law.

Indemnification

You shall indemnify VRB Gay, 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 (1) your violation of these terms of service, (2) your User Content, (3) your use of the Website, its Content, services, or products other than as expressly authorized in these terms of service, (4) your use of any information obtained from the Website, or (5) your violation of applicable laws or regulations.

Termination

We may suspend or terminate your access to the Website, or any portion of it, at any time, with or without notice, for any reason or no reason, including if we believe that you have violated these terms of service or engaged in conduct that may harm VRB Gay, other users, or third parties.

Upon termination, your right to use the Website will cease immediately.

Termination or suspension of your access to the Website does not automatically cancel your subscription or stop recurring charges. To cancel your membership and prevent future billing, you must follow the procedures in our Cancellation Policy. If your account is terminated by us for violating these terms of service, you remain responsible for any unpaid fees and charges incurred before termination.

Dispute Resolution

Governing Law

California law governs all adversarial proceedings arising out of these terms of service or access or use of our Website.

If you reside in the European Economic Area (EEA), the United Kingdom (UK), or Switzerland, this choice of law does not affect any mandatory consumer protections afforded to you under the laws of your country of residence. You may bring a claim before the courts of your habitual residence under those consumer protection laws.

Equitable Remedies

Each party acknowledges that (1) breach by either party of that party’s obligations under these terms of service 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

Except for consumers residing in the EEA, Switzerland, or UK, you and we agree to the following mandatory arbitration and class action waiver provisions:

Mandatory Arbitration. You and we shall resolve any claims arising out of or relating to these terms of service or access or use of the Website (a “Dispute”) through final and binding arbitration.

Informal dispute resolution. We would like to understand and try to address your concerns before formal legal action. Before either of us files a claim against the other, we both shall try to resolve the Dispute informally. You must do so by sending us notice to contact@vrbgay.com. We will do so by sending you a notice to the email address associated with your account. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration. We also both shall attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.

Arbitration forum. If we are unable to resolve the Dispute, either of us may commence arbitration with National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and Supplemental Rules for Mass Arbitration Filings, as applicable (available at https://www.namadr.com/resources/rules-fees-forms/⁠). We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The activities described in these terms of service involve interstate commerce, and the Federal Arbitration Act will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration.

Arbitration procedures. The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon, in the county where you reside, or as determined by the arbitrator, unless the batch arbitration process applies. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in any U.S. jurisdiction. The arbitrator will have exclusive authority to resolve any Dispute, except that the state or federal courts of Los Angeles County, California, have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.

Exceptions. This section does not require informal dispute resolution or arbitration of the following claims: (1) individual claims brought in small claims court; and (2) injunctive or other equitable relief to stop unauthorized use or abuse of the Website or intellectual property infringement or misappropriation.

Class and Jury Trial Waivers. You and we agree that Disputes must be brought on an individual basis only, and must not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. 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 we 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 we 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 part of this Arbitration Agreement is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.

For Consumers in the EEA, Switzerland, or UK

If you are a consumer residing in the EEA, Switzerland, or UK, the following applies to you:

Concerns. If we have a Dispute, we would first like to understand and try to address your concerns before any formal legal action. To share your concerns, you can contact us at contact@vrbgay.com.

Court. If we cannot resolve our Dispute, you or we can go to your local courts.

EEA consumer alternative dispute resolution. If you reside in the EEA, you can also raise the dispute with an alternative dispute resolution body via the European Commission’s Online Dispute Resolution (ODR) Platform, which you can access at https://ec.europa.eu/consumers/odr. 

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 these terms of service or access or use of our Website more than one year after the date that dispute arose. If you are located in a jurisdiction where local mandatory laws provide a longer limitation period, those mandatory laws will apply instead of the one-year limitation set out in the foregoing sentence.

Waiver and Severability

No waiver of any provision of these terms of service 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 these terms of service 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 these terms of service will continue in full effect.

Assignment

You must not assign or transfer these terms of service, by operation of law or otherwise, without our prior written consent. Any attempted assignment without that consent is void. We may assign or transfer our rights and obligations under these terms of service without restriction.

Entire Agreement

These terms of service constitute the entire understanding between the parties regarding these terms of service or access or use of our Website. You acknowledge that because you have not relied on, and will not be relying on, any statements made by VRB Gay arising out of these terms of service or access or use of our Website, 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 Website. But we will not treat as confidential any suggestion or idea provided by you, and nothing in these terms of service 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 Website is operated by VRB Gay.

To report illegal, harmful, or nonconsensual content, please consult our Complaints and Content Removal Policy for instructions on how to file a report or request removal.

All feedback, comments, requests for technical support, and other communications relating to our Website should be directed to: contact@vrbgay.com.

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.