Terms of Use

1. Welcome to Top VR Deals

Playbook Media, Inc., a Delaware corporation, doing business as Top VR Deals (“Top VR Deals”, “we,” “our,” “us”), operates the website located at the URL www.topvrdeals.com (the “Site”) along with all associated features and functionalities, websites, content, and applications branded as Top VR Deals, (collectively, with the Site, the “Services”). These Terms of Use constitute an agreement between Top VR Deals and you, the visitor, governing your access and use of the Services. Please read these Terms of Use carefully before you start using the Services. If you do not agree to these Terms of Use, you may not access or use the Services.

Please refer to our Privacy Policy which explains how we may collect, use, and disclose your personal information. By accessing or using the Services, you signify your agreement to the Privacy Policy.

THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

2. Acceptance of these Terms of Use

WHEN YOU ACCESS OR USE THE SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE, WHETHER OR NOT YOU ARE A REGISTERED USER. IF YOU DO NOT AGREE TO THESE TERMS OF USE, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE TO THESE TERMS OF USE, YOU MUST IMMEDIATELY STOP ACCESSING THE SITE AND DISCONTINUE USING THE SERVICES PROVIDED BY US. THESE TERMS OF USE APPLIES TO ALL VISITORS, USERS, VENDORS, CUSTOMERS, MERCHANTS AND OTHERS WHO ACCESS THIS SITE.

Your access to and use of the Services is subject to your continued compliance with these Terms of Use and all applicable laws. Your right to access and use the Services will terminate immediately, without any further action by us, if you breach these Terms of Use.

3. Modification and Changes to Terms of Use

We reserve the right, in our sole discretion, to modify or update these Terms of Use at any time for any reason, with or without prior notice to you, and any such changes to these Terms of Use will supersede and replace any previous Terms of Use effective immediately upon posting to this page. It is your responsibility to periodically review these Terms of Use as posted here for any changes. Your continued use of the Services after the posting of changes to these Terms of Use will constitute your acceptance of such changes. For the avoidance of doubt, you should discontinue using the Services if you do not agree with any changes to these Terms of Use.

4. License to Use the Services

We are pleased to grant you a non-exclusive, revocable, limited license to use the Services solely for your personal and non-commercial use. You may only use the Services in the manner in which the Content (as defined below) you access is intended and in compliance with these Terms of Use and with any and all applicable federal, state, local and international laws, rules and regulations. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any Content, software, products or services contained with the Website without the express written consent of Top VR Deals. You may not use the Services or any of its Content to further any commercial purpose, including any advertising or advertising revenue generation active on your own website or in any other form or medium. All rights not expressly granted to you in these Terms of Use are reserved and retained by us and/or its Content providers. The licenses granted by us terminate if you do not comply with these Terms of Use and/or any other Siter terms and conditions.

By using the Services, you represent that you are not a person barred from using the Services under the laws, rules and regulations of the United States, your place of residence or any other applicable jurisdiction. No other rights, assignment, licenses or legal relationship of any nature, including, but not limited to, agency, partnership, joint-venture, employer-employee, franchisor-franchisee or otherwise, either express or implied, are created through your use of the Services unless expressly reserved in these Terms of Use.

5. Minors

You may only use the Services if you are 13 years of age or older. To register for an account, purchase products via the Site, subscribe to receive any Content or other marketing or promotional material from us (in any form and via any media) (a “Subscription”), you must be 18 years of age or over. If you are over the age of 13, but under 18 years of age or not of legal age to form a binding contract in your place of residence, you may only use our Services with the involvement and permission of a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child’s use of our Services, then you agree to be bound by these Terms of Use with respect to your child’s use of the Services. .

Pursuant to 47 U.S.C. Section 230(d) as amended, Top VR Deals hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available and may assist you in limiting access to material that is harmful to minors.

6. Registration / Accounts

You may create an account by providing us with your name and e-mail address (an “Account”). Users who have created an Account (“Registered Users”) are able access their accounts through the “Your Account” part of the Site and manage their email address. You do not need to create an Account to receive Content or other marketing information via a Subscription. Please refer to our Privacy Policy for more details about submitting your personal information to us.

By creating an Account, you agree: (a) that you are able to and have the appropriate authority and authorization to create a binding agreement with Top VR Deals; (b) provide true, accurate, current and complete information about yourself when we request it; (c) maintain and promptly update this information to keep it true, accurate, current and complete to the extent the Services permit such updates; and (d) use limited-access portions of the Services only using access credentials that we have issued to you. If you have previously had your access to or use of the Services terminated by us, you may not access or use the Services under any circumstances. You should never share your information with third parties or allow third parties to use your Account. Please keep your password confidential and be sure to exit from your Account at the end of each session. You are responsible for all of the activity on your Account, including the use of your Account by other people who you may or may not authorize to use your Account. If you allow others to access your Account in violation of these Terms of Use, you agree to be responsible for ensuring that they comply with these Terms of Use. You must notify us immediately of any breach of security or unauthorized use of your Account by sending an e-mail to info@brandpedia.com with “Unauthorized Use” in the subject line. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account. Top VR Deals will not be liable for any losses caused by any unauthorized use of your account.

By providing Top VR Deals your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt-out or change your preferences on the personal settings page associated with your account. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

When you sign up for or use our products and services, you may give us permission to access your information in other services. For example, you may link your Facebook account, which allows us to obtain information from those accounts (like your full name and email). The information we get from those services often depends on your settings or their privacy policies, so be sure to check what those are.

Top VR Deals reserves the right, in its sole discretion, to terminate your access to the Services or any portion thereof at any time, without notice. You may terminate your Account at any time by sending an e-mail to info@topvrdeals.com with “Cancel Account” in the subject line or you may unsubscribe to a Subscription by clicking the “Unsubscribe” link at the bottom of the email. Following termination, you will not receive any further communications from us unless and until you re-register by creating a new Account or request a new Subscription. Our rights under these Terms of Use will expressly survive termination of these Terms of Use, the cessation of your use of or access to the Services, termination of your Account and/or cancellation of your Subscription.

7. Intellectual Property Rights

The Site and its content, features and functionality, including, without limitation, information, software, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof, are the exclusive property of Top VR Deals, our licensors or other content suppliers, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent.

No right, title or interest in or to the Services or any Content is transferred to you and all rights not expressly granted are reserved. Any use of the Services that is not expressly permitted by these Terms of Use may be a breach of these Terms of Use and may violate copyright, trademark and other laws.

In addition to the intellectual property rights mentioned above, for purposes of these Terms of Use, “Content” is defined as all information such as the “look and feel” of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music and video and audio files on the Services. Top VR Deals tries to ensure that the Content is accurate and complete. Your use of the Services is at your risk. Top VR Deals does not warrant that the functional aspects of the Services or the Content will be error free or that the Services, the Content or the server that makes them available are free of viruses or other harmful components. Top VR Deals and its suppliers make no warranties about the Content or about results to be obtained from using the Services. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on the Services. Top VR Deals reserves the right to withdraw, temporarily or permanently, any Content from the Services at any time and for any reason and such removal may be immediate and without notice. As an express condition to your use of and access to the Services, you acknowledge, agree and confirm that Top VR Deals is not liable to you or any third party for any such withdrawal.

Content included in our Services is selected by our editors and is editorial content. We do not accept or take advertising, except where we specifically indicate as such. We may accept payment from third parties for Content to appear on the Services. From time to time some of the Content may be sponsored or third-party content (“Sponsored Content”) and any such Sponsored Content will be clearly marked as such. When you subscribe to receive Content, you agree to receive Sponsored Content. If you would prefer not to receive such Sponsored Content you should unsubscribe by clicking the “Unsubscribe” link at the bottom of any email or sending an email to info@topvrdeals.com with “Unsubscribe” in the subject line. If you unsubscribe you will not receive any Content, whether it is Sponsored Content or Top VR Deals Content. To the extent that we post third-party Content, it reflects the personal opinions and views of the third-party authors and does not necessarily reflect the opinions and views of Top VR Deals and we accept no responsibility for any such third-party opinions and views.

8. Restrictions

You may not under any circumstances:

• Copy or print any of the Content, whether licensed by us or otherwise, unless and to the extent it is for your own personal, non-commercial use and you must retain all trademark, copyright and other proprietary notices contained in and on any such Content;

• Reproduce, download, modify, translate, add to, distribute, transmit, publish, perform, display, disclose, archive, upload, broadcast or sell, sublicense, index or exploit any part of the Services or the content thereon in any medium, either directly or through the use of any device, software, internet site, web-based service or other means, without our prior express written permission;

• Remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection measures either directly or through other means;

• Mirror, frame, screen scrape or deep link to any aspect of the Services or access any Content through technology or means other than those provided or authorized by us;

• Access the Services via any automated system, including, without limitation, by “robots,” “spiders,” “offline readers,” etc., or take any action that imposes, or may impose (as determined in our sole discretion), an unreasonable or disproportionately large load on our infrastructure;

• Knowingly or recklessly upload invalid data or introduce viruses, worms, Trojan horses or other malware or software agents, whether harmful or not, to the Services, or tamper with, impair, damage, attack, exploit or penetrate the Top VR Deals system or network, or otherwise attempt to interfere with or compromise the system integrity or security of Top VR Deals or any connected networks, or take any action to impact the proper operation of the Services and any person’s or entity’s use or enjoyment thereof;

• Bypass the measures we may use to prevent or restrict access to or use of the Services, including by hacking into secured or non-public areas of the Services, circumventing any geo-blocking mechanisms or otherwise;

• Use the Services to collect any personally identifiable information, including Account names and e-mail addresses, or use the Website for any commercial solicitation purposes, without our prior express written permission; or

• Attempt to reverse engineer any aspect of the Services or attempt to derive the source code (including the tools, methods, processes and infrastructure) that enables or underlies the Services, create any derivative works or materials of any kind using the Content, whether or not you intend to give away the derivative materials free of charge, or otherwise build a business utilizing any aspect of the Services.

9. User Generated Material

If and to the extent that we elect to accept user-generated material, you may have the opportunity to publish, transmit, submit or otherwise post reviews, ratings, comments, feedback or other materials on the Services (“User-Generated Material”) that may be accessible and viewable by the public.

With respect to User-Generated Material posted by you, you represent that (i) you created and own the rights to the content or you have the owner’s express permission to post such content, and (ii) the content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks or privacy rights) or violate any applicable laws, rules or regulations, these Terms of Use or any of our other posted policies.

User-Generated Material must not:

• Contain any material which is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic or otherwise offensive, inappropriate, damaging, unlawful, disruptive or harmful;

• Violate our or any other person’s legal rights (including the rights of publicity and privacy), contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise promote, advocate or assist any illegal activity or unlawful act;

• Create or threaten harm to any person or loss or damage to any property;

• Include other peoples’ personal information, such as another person’s address, phone number, email address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual;

• Infringe any patent, trademark, trade secret, copyright, contract or other intellectual property or other proprietary rights of Top VR Deals or any other person;

• Seek to harm or exploit children by exposing them to inappropriate content, asking for personal information or otherwise;

• Misrepresent your identity or affiliation with any person or organization, including Top VR Deals;

• Seek to collect other users’ email addresses and/or their usernames or passwords for their Accounts or other services by electronic or other means for any purpose, including to send unsolicited email or other electronic communications;

• Seek to transmit chain letters, bulk or junk email, whether automated or not, or interfere with, disrupt or create an undue burden on Top VR Deals or the networks or services connected to the Services or install or attempt to install or promote spyware, malware or other computer code on our computers or equipment or the computers or equipment of third parties;

• Involve commercial activities such as contests, sweepstakes and/or other sales promotions, barter, advertising or offers of sale or purchase of goods and services; or

• Be otherwise objectionable or non-family friendly as determined by Top VR Deals at its sole discretion.

We do not claim ownership to User-Generated Material. However, by posting User-Generated Material, you irrevocably grant us and our assigns, agents and licensees and other users a worldwide, nonexclusive, irrevocable, royalty-free, fully paid license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to: (i) use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, and (ii) to use your name, persona or likeness alone or in connection with such uses, without any obligation or remuneration to you. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Material and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Material for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Material, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this section. You agree to pay all royalties, fees and other monies owing to any person or entity by reason of the User-Generated Material that you post on the Services.

We may refuse, alter, or remove a User Submission without notice for any reason at Top VR Deals’s sole discretion, including our belief that a User Submission may violate these Terms of Use or be otherwise objectionable. If and to the extent that we elect to accept User-Generated Material, we have the right, but not the obligation, to monitor, review, screen, post, remove, reject, modify and store all User-Generated Material posted on the Services, at any time and for any reason, without notice, including to ensure that all such User-Generated Material complies with these Terms of Use. We do not endorse any User-Generated Material and the User-Generated Material posted does not reflect our opinions, views or advice. You are solely responsible for your User-Generated Material and the consequences of posting and publishing it and you agree that we are acting only as a passive conduit for your online distribution and publication of your User-Generated Material. We take no responsibility and assume no liability for any User-Generated Material that you or any other user or third party posts or sends on or through the Services, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

We reserve the right, but have no obligation, to monitor or to take any action regarding disputes between you and any other user and shall have no liability for your interactions or any disputes with other users or for any user’s action or inaction. You are solely responsible for your conduct on the Services and your interactions with other users.

Notwithstanding our rules with regard to User-Generated Material, you may be exposed to content on the Services that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose or in violation of our Terms of Use. We take no responsibility and expressly disclaim any liability related in any way to your exposure to User-Generated Material on the Services, whether or not it violates our Terms of Use.

If and to the extent that we elect to accept User-Generated Material, please choose carefully the information you post on the Services and that you give to other users. You are discouraged from publicly posting your full name, telephone number, street address, e-mail address or other information that identifies you or allows strangers to find you or to steal your identity. You assume all risks associated with dealing with other users with whom you come in contact through the Services, and to the extent that the law permits, you release us from any claims or liability related to any User-Generated Material posted on the Services and from any claims related to the conduct of any other users.

10. Privacy and Communications

PRIVACY

We respect your privacy. By accessing or using the Website you acknowledge that your information, including personally identifiable information, will be processed in accordance with our Privacy Policy.

CONSENT TO ELECTRONIC COMMUNICATION

You consent to receive communications from us, whether required by law or otherwise, either by email if you have provided us with your email address, or by notice posted on the Services as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an email address that you provide to us.

11. Modification or Suspension of the Website and Right to Terminate Your Use of the Website

We reserve the right to change, suspend or discontinue any aspect of the Services at any time and from time to time, in our sole discretion and without notice or liability, including by adding or eliminating certain features or discontinuing the Services entirely. Any description of features on the Services shall not be considered to be a representation by Top VR Deals that such features will always be included on the Services. From time to time, we may restrict access to some or all of the Services, including for Registered Users. We also reserve the right to terminate or suspend your Account or restrict your use of or access to the Services, without notice or liability, for any reason or no reason at our sole discretion. Accordingly, for any reason, and without notice, all or any part of the Services may become unavailable to you at any time and for any period.

If we suspend or discontinue any aspect of the Services or terminate your Account, we are not responsible for providing you with any information or content. We may also delete your other preferences and interests to the extent stored within or in connection with your Account. You have no recourse with regard to any information that we delete regardless of any value you may ascribe to such information. We expressly disclaim any value you may attribute to any of your information stored on our servers.

12. Linked Destinations and Advertising

The Services may contain links to other websites, including, but not limited to, advertisements and other content posted by us or by third-parties (“Linked Sites”). You may also navigate to the Website from links, often provided by us, deployed by third parties in their social media, advertisements and other marketing activities (the locations where these links are placed are also considered Linked Sites). Access to or from Linked Sites is made available by Top VR Deals only as a convenience. Such Linked Sites are not owned, operated or controlled by us and if you visit Linked Sites, you do so entirely at your own risk and subject to the terms of use and privacy policies of such Linked Sites. Please be careful to read the terms of use and privacy policies of any Linked Sites before you provide any personal or other information to, or engage in any activity on, such Linked Sites. Any terms, conditions, warranties or representations included in the Linked Sites are solely between you and the relevant providers of the Linked Sites. You cannot rely on our Terms of Use and/or our Privacy Policy to govern your use of another website or destination.

We do not endorse, and Top VR Deals expressly disclaims responsibility and liability for, Linked Sites, including with respect to the content, products and services provided by the Linked Sites. Any interactions you have with Linked Sites are between you and the Linked Sites and you agree that Top VR Deals is not liable for any damage or loss you may suffer as a result of any interactions with any such Linked Sites or any claims that you may have against any such Linked Sites.

13. Notice and Procedure for Claims of Copyright or Intellectual Property Infringement

All trademarks, service marks, and trade names are trademarks or registered trademarks and are proprietary to Top VR Deals, or other respective owners that have granted Top VR Deals license to use such marks.

If you believe that any content appearing on the Services, including content created and/or displayed by Top VR Deals or other material provided through a link, infringes your copyright, you should notify us in accordance with the procedure set forth below. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

A notification of claimed copyright infringement should be e-mailed to our copyright agent at legal@topvrdeals.com with “DMCA Takedown Request” in the subject line. You may also contact us by mail at:

Playbook Media, Inc.
444 South Flower Street, 13th Floor
Los Angeles, CA 90017

Re: Top VR Deals

To be effective, the notification must be in writing and contain the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest;

• a description of the copyrighted work that you claim has been infringed;

• a description of where the material that you claim is infringing is located on the Services that is reasonably sufficient to enable us to identify and locate the material;

• how we can contact you, such as your address, telephone number and email address;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or by law; and

• a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying Top VR Deals and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with the Top VR Deals’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

14. Disclaimers

You understand that products offered by Top VR Deals may contain materials that could be dangerous if handled improperly, and you acknowledge that Top VR Deals is not liable for any personal injury or property damage arising from any misuse of any products offered through the Website. You further acknowledge that products may not be suitable for use by children, and you expressly assume sole liability for providing any individual under the age of 18 with access to any products. You hereby agree not use products for any illegal purpose and you assume all liability for any action you take for any action that is contrary to any law, rule, or regulation of any territory.

Under California Civil Code Section 1789.3, California users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254

15. Warranty Disclaimer

The information, software, products and services included in or available through the Services are continually upgraded and updated. While Top VR Deals will use commercially reasonable efforts to verify the accuracy of any information it places on the Services, Top VR Deals does not warrant or represent that such information, products and/or services are reliable, accurate, complete, uninterrupted, error free, secure or free of defects, viruses or bugs.

ACCORDINGLY, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATION OR WARRANTY OR CONDITION OF ANY KIND AND YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. TOP VR DEALS AND/OR ITS SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INFORMATION, SOFTWARE, PRODUCTS SERVICES OR RELATED GRAPHICS, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, SECURITY AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IN STATES AND JURISDICTIONS IN WHICH THE EXCLUSION OF WARRANTY IS PROHIBITED, SUCH EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMITTED.

TOP VR DEALS DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILTY FOR ANY INFORMATION, PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY LINKED SITE AND TOP VR DEALS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY LINKED SITE. ANY SUCH LINKS ARE PROVIDED FOR YOUR CONVENIENCE ONLY. IF YOU CHOOSE TO CLICK ON ANY SUCH LINKS, YOU ACKNOWLEDGE AND AGREE THAT YOU, NOT TOP VR DEALS, ARE DISPLAYING ITS CONTENTS AND YOU ACCESS SUCH LINKED SITES AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL LIABILITY FOR PERSONAL INFORMATION THAT MAY BE PROVIDED BY ANY SOCIAL MEDIA SERVICES IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH SOCIAL MEDIA ACCOUNTS.

You acknowledge and agree that any reliance on the information and other materials included on the Website shall be at your sole risk and responsibility. Top VR Deals reserves the right, in its sole and absolute discretion, to correct any errors or omissions in any part of the Services and to make changes to the services, materials, products, programs and features included therein at any time with or without notice.

16. Medical, Nutrition and Fitness Information

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY MEDICAL, NUTRITION AND FITNESS INFORMATION PROVIDED ON THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY TOP VR DEALS OR BY OTHER USERS OR THIRD PARTIES, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (i) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (ii) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (iii) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. PLEASE CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER IF YOU HAVE HEALTH-RELATED QUESTIONS BEFORE USING ANY OF OUR PRODUCTS OR RELYING ON ANY INFORMATION YOU OBTAIN ON THE SERVICES. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY.

YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON OR VIA THE WEBSITE AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT AVAILABLE THROUGH OR VIA THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF ANY CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, EMAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND TOP VR DEALS, ITS AFFILIATES OR ANY THIRD PARTY.

THE WEBSITE MAY PERIODICALLY PROVIDE INFORMATION CONCERNING FITNESS AND ATHLETIC ACTIVITIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH ACTIVITIES CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES, EVEN IF CAUSED IN WHOLE OR PART BY OUR ACTION, INACTION OR NEGLIGENCE OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. TOP VR DEALS STRONGLY RECOMMENDS THAT YOU CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER BEFORE BEGINNING ANY NEW FITNESS PROGRAM OR ENGAGING IN ANY NEW ATHLETIC ACTIVITIES.

17. Indemnity and Release

You agree to defend, indemnify, and hold harmless Top VR Deals and its agents, managers, affiliates, licensors, licensees, successors and assigns and each of their respective directors, officers, contractors, employees, agents, service providers and partners (“Indemnified Parties”), from and against any demands, losses, cost or debt, liabilities, claims or expenses (including reasonable attorneys’ fees) made against Top VR Deals by any third party due to or arising out of or in connection with (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any right of privacy, right of publicity or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) your User-Generated Material or any that is submitted via your account; or (vi) any other party’s access and use of the Services with your unique username, password, or other appropriate security code.

Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liabilities, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms of Use, the Privacy Policy and/or any use by you of the Website.

California Residents: you expressly waive CA Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

18. Limitations on Liability

THE PROVIDERS WHOSE THIRD-PARTY PRODUCTS AND SERVICES ARE AVAILABLE ON THE SERVICES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF TOP VR DEALS. TOP VR DEALS IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRATNIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGE OR EXPENSES RESULTING, DIRECTLY OR INDIRECTLY, FROM SUCH PRODUCTS AND/OR SERVICES.

EXCEPT FOR A BREACH OF THESE TERMS OF USE BY YOU (SUCH AS, FOR EXAMPLE, A COMMERCIAL USE OF THE SERVICES IN VIOLATION OF THESE TERMS OF USE), A VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR INDEMNIFICATION OBLIGATIONS OR WITH RESPECT TO PRODUCTS OR SERVICES THAT WE PROVIDE TO A SPECIFIC CONSUMER FOR A FEE WHICH SHALL BE GOVERNED BY ITS OWN CONTRACTUAL TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL YOU OR TOP VR DEALS AND/OR ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, GOODWILL OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES AND/OR FUNCTIONALITY OF THE SERVICES, OR FOR ANY CONTENT, PRODUCTS OR SERVICES OBTAINED OR PURCHASED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TOP VR DEALS AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN STATES AND JURISDICTIONS IN WHICH LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE PROHIBITED, SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. EXCEPT FOR A BREACH OF THESE TERMS OF USE BY YOU (SUCH AS, FOR EXAMPLE, A COMMERCIAL USE OF THE SERVICES IN VIOLATION OF THESE TERMS OF USE), VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR INDEMNIFICATION OBLIGATIONS OR WITH RESPECT TO PRODUCTS OR SERVICES THAT WE PROVIDE TO A SPECIFIC CONSUMER FOR A FEE WHICH SHALL BE GOVERNED BY ITS OWN CONTRACTUAL TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL YOUR OR OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SERVICES OR $50 (WHICHEVER IS LESS).

UNDER NO CIRCUMSTANCES WILL TOP VR DEALS AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES, YOUR DATA OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION THAT WE DEEM NECESSARY TO COMPLY WITH ANY APPLICABLE LAW, RULE, REGULATION, LEGAL PROCESS OR GOVERNMENTAL REQUEST. YOU WAIVE AND HOLD HARMLESS TOP VR DEALS AND ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE.

TOP VR DEALS MAKES NO REPRESENTATION THAT THE SERVICES IS APPROPRIATE OR AVAILABLE FOR USE AT LOCATIONS OUTSIDE OF THE UNITED STATES. ACCESS TO THE SERVICES FROM TERRITORIES WHERE SUCH SERVICES ARE ILLEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS THE SERVICES FROM A LOCATION OUTSIDE OF THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL AND OTHER APPLICABLE LAWS.

19. Law and Jurisdiction

These Terms of Use and any dispute that may arise between you and Top VR Deals shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

DISPUTES ARISING FROM THESE TERMS OF USE AND YOUR USE OF THE SERVICES SHALL BE RESOLVED BY BINDING ARBITRATION AS PROVIDED BELOW. BY AGREEING TO BINDING ARBITRATION, YOU ARE HEREBY WAIVING THE RIGHT TO BRING DISPUTES TO A COURT, INCLUDING THE RIGHT TO TRIAL BY JURY. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. WE ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE SERVICES MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.

20. Binding Arbitration and Class Action Waiver

In the event of any dispute between you and us regarding these Terms of Use, the Privacy Policy, the Services and/or any products or services purchased from the Services, you and Top VR Deals agree to first send the other party a notice of dispute, which is a written statement setting forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute by email legal@topvrdeals.com. We will send any notice of dispute to you at the contact information we have for you. You and Top VR Deals will attempt to resolve any dispute through informal negotiation within 30 days from the date that the notice of dispute is sent. If we are unable to resolve a dispute by negotiation, you agree that disputes must be resolved through binding arbitration rather than by a court, provided that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. There is no judge or jury in arbitration and court review of an arbitration award is limited. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at___________ with “Arbitration Request” in the subject line. You may also contact us by mail at:

Playbook Media, Inc.
444 South Flower Street, 13th Floor
Los Angeles, CA 90017

Re: Top VR Deals

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION.

You agree to arbitrate with Top VR Deals only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. For certain claims, like violations of these Terms of Use or breaches of intellectual property covenants, we reserve the right to seek injunctive relief in a court of competent jurisdiction. All arbitrations shall be initiated in Los Angeles County, California.

21. Waiver and Severability

No waiver by Top VR Deals of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition and any failure of Top VR Deals to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in effect.

22. Assignment

These Terms of Use and any rights and licenses granted hereunder may not be transferred or assigned by you. We may assign our rights under these Terms of Use without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

23. Admissibility

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

24. Entire Agreement

These Terms of Use and the other agreements referred to herein constitute the sole and entire agreement between you and Top VR Deals with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

It is our goal to provide you with a great user experience, so if you have any questions or comments about these Terms of Use, please feel free to contact us by email at legal@topvrdeals.com or write to us at:

Playbook Media, Inc.
444 South Flower Street, 13th Floor
Los Angeles, CA 90017
Re: Top VR Deals