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iStripper (the "Product") is a desktop enhancement software featuring girls in video incrusted on a computer desktop, developed and operated by Totem Entertainment a French sarl ("Totem"), using the DesktopWare technology ("The Technology"). For purposes of this License Agreement (defined below), "you" and "your" mean the user of the computer on which the Product will be or has been installed.
PLEASE READ THIS END USER LICENSE AGREEMENT AND TERMS OF USE (THIS "EULA" OR "LICENSE AGREEMENT") CAREFULLY. BY CLICKING THE "ACCEPT" BUTTON BELOW OR INSTALLING OR USING THE SOFTWARE AND THE TECHNOLOGY (THE "SOFTWARE"), YOU AGREE THAT THIS LICENSE AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS LICENSE AGREEMENT, AND DO NOT COMPLETE INSTALLATION OF THE SOFTWARE. BY ENTERING INTO THIS LICENSE AGREEMENT, YOU REPRESENT THAT YOU ARE AN ADULT AND HAVE THE LEGAL CAPACITY TO ENTER INTO A CONTRACT IN THE JURISDICTION WHERE YOU RESIDE.
I. LIMITED USE LICENSE
Subject to the terms and conditions of this License Agreement and your agreement therewith, Totem Entertainment hereby grants to you and you hereby accept a limited, non-exclusive, non-transferable license to internally install and execute solely as a component of the Product (i) the Software and related content; and (ii) any Software upgrades, patches, subsequent versions, and updates (collectively, "Updates") licensed to you by Totem Entertainment. The Software, The Technology and the Product are provided for your individual, non-commercial, entertainment purposes only. Except as may be expressly permitted by Totem Entertainment, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Software or the Product. The Program is licensed and your license confers no title or ownership in the Program. You may not install The Program or use it on more than two computers at a time, except if expressly authorised by Totem Entertainment.
II. REQUIREMENTS
1. In installing and using the Software and using the Product, you acknowledge that you have read, understand and agree with the terms of this License Agreement & Terms of Use. You must also register for an account in the Product (an "Account"). These requirements may change as the Product evolves. You are wholly responsible for the cost of all internet connection fees, along with all equipment, servicing, or repair costs necessary to allow you access to the Product.
2. By entering into this Agreement and creating an Account, you represent that you are an adult and have the legal capacity to enter into a contract in the jurisdiction where you reside and be over the age of 18 or the legal age as defined by your country or state of residence. You further agree that you are entirely liable for all activities conducted through your Account, and are responsible for ensuring that no person under the age of 18 or the legal age as defined by your country or state of residence uses the Product.
THE SITE AND THE Product ARE NOT DIRECTED AT CHILDREN UNDER 18 YEARS OF AGE, NOR DOES Totem Entertainment KNOWINGLY COLLECT INFORMATION FROM CHILDREN UNDER 18. IF YOU ARE UNDER 18, PLEASE DO NOT USE THE PRODUCT NOR SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO Totem Entertainment.
III. ADDITIONAL LICENSE LIMITATIONS
The limited license granted to you in Section I is subject to the additional limitations set forth below in this Section III. Any use of the Software in violation of the license limitations set forth below is an unauthorised use of the Software outside of the license granted to you in Section I, and will be regarded as an infringement of the copyrights Totem Entertainment holds in and to the Software and the Product. You agree that you will not, under any circumstances:
1. Sell, lease, rent, loan or otherwise transfer the Software, or grant a security interest in or transfer reproductions of the Software or the Product, to a third party;
2. Copy, reproduce, translate, reverse engineer, decompile, derive source code from, or disassemble, in whole or in part, the Software or the Product, or create derivative works based on the Product.
3. Modify or cause to be modified any files that are part of the Software in any way not expressly authorised by Totem Entertainment;
4. Make use of, or cause any other person or entity to make use of, the Software or the Product for any commercial purpose, including but not limited to selling in-Product content outside of the Product, or selling Product Accounts.
5. Use any unauthorised third-party programs that interact with the Software in any way, or that intercept, emulate or redirect any communication between the Software and Totem Entertainment, unless expressly authorised by Totem Entertainment;
IV. OWNERSHIP
1. All rights and title in and to the Software and the Product, and all content included therein (including, without limitation, accounts, computer code, photo, audio and video content) are owned by Totem Entertainment or its licensors. The Software and the Product and all content therein are protected by French and other international intellectual property laws. Totem Entertainment and its licensors reserve all rights in connection with the Software and the Product, including, without limitation, the exclusive right to create derivative works therefrom, and you agree that you will not create any work of authorship based on the Product except as expressly permitted by Totem Entertainment.
2. Notwithstanding the above, Totem Entertainment gives you a limited license to use certain Totem Entertainment proprietary material such as model's videos, pictures and bios to be used on blogs, on forums, fan sites or posted on tube sites as long as the iStripper brand remain clearly visible at all time and that you have no interest, monetary or otherwise, in publishing such content (except to promote iStripper itself though our affiliation program). Totem Entertainment reserves the right to press charges, send DCMA requests and/or suspend your account in case of publication of copyrighted content without the display of the iStripper trademark. Please contact istripper.support@actiondesk.com to receive authorisation prior to any publication of copyrighted material.
3. If you have a valid, active Account, you may purchase Credits, which is a credit system that operates like virtual currency ("Credits") used to license Product Content that can be downloaded and watched while using the Product. Credits can be purchased online through the in-Product "Reload Your Account" section.
Credits are sold or issued in bundles and the price may vary depending on the amount you purchase at once and where you are purchasing from. Price and availability of Credits are subject to change without notice.
You are solely responsible for verifying that the proper amount of Credits has been added to or deducted from your Account during any given transaction, so please notify Totem Entertainment immediately should you believe that a mistake has been made with respect to your Credit balance. Totem Entertainment will investigate your claim, and in doing so, may request some additional information and/or documentation to verify your claim. Totem Entertainment will let you know the results of the investigation, however, you acknowledge and agree that Totem Entertainment has sole and absolute discretion in determining whether or not your claim is valid, and if so, the appropriate remedy.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE CREDIT SYSTEM HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. NO REFUNDS WILL BE MADE FOR THE PURCHASE OF CREDITS.
4. When using the Product, you may use your Credits to get in-Product content associated with your Account, including, without limitation, Cards, Photos, Videos ("Product Content") that reside on servers operated by Totem Entertainment as data. You acknowledge and agree that you shall have no ownership or other property interest in any of those Product Content but a limited, non-exclusive, non-transferable license to download and watch the Product Content associated with the Cards. Totem Entertainment does not provide or guarantee, and expressly disclaims any value, cash or otherwise, attributed to any data residing on servers operated by Totem Entertainment, including without limitation the Product Content associated with your Account.
V. ACCOUNT INFORMATION
1.The Account supplied to you is personal to you, and Totem Entertainment does not recognise and expressly forbids the transfer of user Accounts. You shall not purchase, sell, gift or trade any Account, or make any such offer, and any attempt shall be null and void. Any distribution by you of your Account and/or your username and password (except as expressly provided herein or otherwise explicitly approved of by Totem Entertainment) may result in suspension or termination of your Account.
2. iStripper and iStripper-Steam are separate products. You cannot migrate an iStripper account to an iStripper-Steam account, and conversely. Full shows purchased on iStripper cannot be moved to an iStripper-Steam account and conversely.
3. Suspension/Termination: By Totem Entertainment.Totem Entertainment RESERVES THE RIGHT TO SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU, AND WITH NO LIABILITY OF ANY KIND TO YOU. Accounts terminated by Totem Entertainment shall not be reinstated under any conditions whatsoever. By You.You may terminate your Account at any time, for any reason or no reason, by contacting Totem Entertainment.
VI. LINKS
The Site may contain links to websites operated by other parties. Totem Entertainment provides these links to you as a convenience, use of these links and the external websites are at your own risk. The linked sites are not under the control of Totem Entertainment, and Totem Entertainment is not responsible for the content available on the other sites. Such links do not imply endorsement by Totem Entertainment of information or material on any other site, and Totem Entertainment disclaims all liability with regard to your access to and use of such linked websites.
VII. UPDATES AND MODIFICATIONS
1.Totem Entertainment may provide Updates to the Software that must be installed for you to continue to play the Product. Each time you launch the Software to play the Product, you hereby give your consent to Totem Entertainment to remotely install any Updates to the Software that resides on your computer, with or without additional notification to you.
2.Totem Entertainment reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this License Agreement as the Product and the law evolve; provided, however, that material changes to this License Agreement will not be applied retroactively. Such changes will be effective with or without prior notice to you. You can review the most current version of this License Agreement by clicking on the "EULA" link located at the bottom of the Site. You are responsible for checking this License Agreement periodically for changes. If the Software requires an Update at the time you launch the Software to access the Product, you will also have the opportunity to review and to accept or reject the current version of this License Agreement. If any future changes to this License Agreement are unacceptable to you or cause you to no longer be in agreement or compliance with this License Agreement, you may terminate this License Agreement in accordance and must immediately stop using the Product and uninstall the Software. Your continued use of the Product following any revision to this License Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
VIII. TERMINATION OF AGREEMENT
This License Agreement is effective until terminated. You may terminate this License Agreement at any time by notifying Totem Entertainment of your intention to terminate. Totem Entertainment may terminate this License Agreement at any time, for any reason or no reason. Upon termination, whether by you or Totem Entertainment, the license granted to you in Section I shall immediately terminate, and you must immediately and permanently remove the Software from your computer"s permanent memory and destroy any and all copies of the Software that may be in your possession.
IX. TERMINATION OF Product SERVICE
You acknowledge and agree that Totem Entertainment, in its sole and absolute discretion, may stop providing support for or access to the Product at any time, for any reason or no reason. You also agree that Totem Entertainment may change, modify, suspend, discontinue, or restrict your access to any features or parts of the Product at any time without notice or liability to you. You acknowledge that you have no interest, monetary or otherwise, in any feature of or content in the Software or the Product. Notwithstanding the above, Totem Entertainment will make its best effort, in case of suspension or discontinuation of the service to provide a solution for you to keep using all downloaded Content on your computer.
X. CLAIMS OF COPYRIGHT INFRINGEMENT (DMCA)
If you are a copyright owner or agent thereof and believe that content posted on the Site by a Totem Entertainment user infringes upon your copyright, please submit notice pursuant to the Digital Millennium Copyright Act (17 U.S.C. " 512(c)) to the Totem Entertainment Copyright Agent with the following information: An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright; a description of the copyrighted work that you claim has been infringed; the URL of the location on the Totem Entertainment Site containing the material that you claim is infringing; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
Totem Entertainment" Copyright Agent can be reached by mail at Totem Entertainment, 16 avenue Morane Saulnier 78140 V"lizy Villacoublay, France. Please note that these notifications are legal notices, and that Totem Entertainment may provide copies of such notices to the participants in the dispute or to third parties, at its discretion or as required by law.
XI. WARRANTY DISCLAIMER
THE Product (INCLUDING WITHOUT LIMITATION THE WEBSITE, THE SOFTWARE AND THE DOCUMENTATION) IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Totem Entertainment DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE Product OR THE SOFTWARE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFORMATION CONTAINED WITHIN THE Product AND/OR THE SOFTWARE. Totem Entertainment DOES NOT WARRANT THAT THE Product AND/OR THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE Product AND/OR THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE Product AND THE SOFTWARE.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the forgoing disclaimer may, in whole or in part, not apply to you.
XII. INDEMNIFICATION
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Totem Entertainment FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING ATTORNEYS" FEES) THAT DIRECTLY OR INDIRECTLY ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE Product AND/OR THE SOFTWARE, OR ANY VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THIS LICENSE AGREEMENT. Totem Entertainment reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Totem Entertainment in asserting any available defences.
XIII. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL Totem Entertainment BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE SOFTWARE AND/OR THE Product, EVEN IF Totem Entertainment KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, Totem Entertainment SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO YOUR ACCOUNT, COLLECTION OF CARDS, VIRTUAL CURRENCY OR PROFILE INFORMATION STORED BY THE Product. Totem Entertainment SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT SHALL Totem Entertainment BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO Totem Entertainment FOR Product-RELATED TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Totem Entertainment shall be limited to the fullest extent permitted by applicable law.
XIV. EQUITABLE REMEDIES
You hereby acknowledge and agree that Totem Entertainment would suffer irreparable harm if this License Agreement were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that Totem Entertainment shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this License Agreement. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this License Agreement, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys" fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
XV. MISCELLANEOUS
This License Agreement represents the complete agreement between you and Totem Entertainment with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreements between you and Totem Entertainment. The Product is operated by Totem Entertainment in France. Those who choose to access the Product from locations outside France do so on their own initiative and are responsible for compliance with applicable local laws. Totem Entertainment"s failure to enforce any provision of this License Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Totem Entertainment of any provision, condition or requirement of this License Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. If any provision of this License Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License Agreement shall continue in full force and effect. If, however, it is determined that such provision cannot be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. All provisions shall survive any termination of this License Agreement.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT BY CLICKING "ACCEPT" AND/OR INSTALLING THE SOFTWARE AND USING THE Product, YOU ARE ACKNOWLEDGING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
iStripper (the "Product") is a desktop enhancement software featuring girls in video incrusted on a computer desktop, developed and operated by Totem Entertainment a French sarl ("Totem"), using the DesktopWare technology ("The Technology"). For purposes of this License Agreement (defined below), "you" and "your" mean the user of the computer on which the Product will be or has been installed.
PLEASE READ THIS END USER LICENSE AGREEMENT AND TERMS OF USE (THIS "EULA" OR "LICENSE AGREEMENT") CAREFULLY. BY CLICKING THE "ACCEPT" BUTTON BELOW OR INSTALLING OR USING THE SOFTWARE AND THE TECHNOLOGY (THE "SOFTWARE"), YOU AGREE THAT THIS LICENSE AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS LICENSE AGREEMENT, AND DO NOT COMPLETE INSTALLATION OF THE SOFTWARE. BY ENTERING INTO THIS LICENSE AGREEMENT, YOU REPRESENT THAT YOU ARE AN ADULT AND HAVE THE LEGAL CAPACITY TO ENTER INTO A CONTRACT IN THE JURISDICTION WHERE YOU RESIDE.
I. LIMITED USE LICENSE
Subject to the terms and conditions of this License Agreement and your agreement therewith, Totem Entertainment hereby grants to you and you hereby accept a limited, non-exclusive, non-transferable license to internally install and execute solely as a component of the Product (i) the Software and related content; and (ii) any Software upgrades, patches, subsequent versions, and updates (collectively, "Updates") licensed to you by Totem Entertainment. The Software, The Technology and the Product are provided for your individual, non-commercial, entertainment purposes only. Except as may be expressly permitted by Totem Entertainment, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Software or the Product. The Program is licensed and your license confers no title or ownership in the Program. You may not install The Program or use it on more than two computers at a time, except if expressly authorised by Totem Entertainment.
II. REQUIREMENTS
1. In installing and using the Software and using the Product, you acknowledge that you have read, understand and agree with the terms of this License Agreement & Terms of Use. You must also register for an account in the Product (an "Account"). These requirements may change as the Product evolves. You are wholly responsible for the cost of all internet connection fees, along with all equipment, servicing, or repair costs necessary to allow you access to the Product.
2. By entering into this Agreement and creating an Account, you represent that you are an adult and have the legal capacity to enter into a contract in the jurisdiction where you reside and be over the age of 18 or the legal age as defined by your country or state of residence. You further agree that you are entirely liable for all activities conducted through your Account, and are responsible for ensuring that no person under the age of 18 or the legal age as defined by your country or state of residence uses the Product.
THE SITE AND THE Product ARE NOT DIRECTED AT CHILDREN UNDER 18 YEARS OF AGE, NOR DOES Totem Entertainment KNOWINGLY COLLECT INFORMATION FROM CHILDREN UNDER 18. IF YOU ARE UNDER 18, PLEASE DO NOT USE THE PRODUCT NOR SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO Totem Entertainment.
III. ADDITIONAL LICENSE LIMITATIONS
The limited license granted to you in Section I is subject to the additional limitations set forth below in this Section III. Any use of the Software in violation of the license limitations set forth below is an unauthorised use of the Software outside of the license granted to you in Section I, and will be regarded as an infringement of the copyrights Totem Entertainment holds in and to the Software and the Product. You agree that you will not, under any circumstances:
1. Sell, lease, rent, loan or otherwise transfer the Software, or grant a security interest in or transfer reproductions of the Software or the Product, to a third party;
2. Copy, reproduce, translate, reverse engineer, decompile, derive source code from, or disassemble, in whole or in part, the Software or the Product, or create derivative works based on the Product.
3. Modify or cause to be modified any files that are part of the Software in any way not expressly authorised by Totem Entertainment;
4. Make use of, or cause any other person or entity to make use of, the Software or the Product for any commercial purpose, including but not limited to selling in-Product content outside of the Product, or selling Product Accounts.
5. Use any unauthorised third-party programs that interact with the Software in any way, or that intercept, emulate or redirect any communication between the Software and Totem Entertainment, unless expressly authorised by Totem Entertainment;
IV. OWNERSHIP
1. All rights and title in and to the Software and the Product, and all content included therein (including, without limitation, accounts, computer code, photo, audio and video content) are owned by Totem Entertainment or its licensors. The Software and the Product and all content therein are protected by French and other international intellectual property laws. Totem Entertainment and its licensors reserve all rights in connection with the Software and the Product, including, without limitation, the exclusive right to create derivative works therefrom, and you agree that you will not create any work of authorship based on the Product except as expressly permitted by Totem Entertainment.
2. Notwithstanding the above, Totem Entertainment gives you a limited license to use certain Totem Entertainment proprietary material such as model's videos, pictures and bios to be used on blogs, on forums, fan sites or posted on tube sites as long as the iStripper brand remain clearly visible at all time and that you have no interest, monetary or otherwise, in publishing such content (except to promote iStripper itself though our affiliation program). Totem Entertainment reserves the right to press charges, send DCMA requests and/or suspend your account in case of publication of copyrighted content without the display of the iStripper trademark. Please contact istripper.support@actiondesk.com to receive authorisation prior to any publication of copyrighted material.
3. If you have a valid, active Account, you may purchase Credits, which is a credit system that operates like virtual currency ("Credits") used to license Product Content that can be downloaded and watched while using the Product. Credits can be purchased online through the in-Product "Reload Your Account" section.
Credits are sold or issued in bundles and the price may vary depending on the amount you purchase at once and where you are purchasing from. Price and availability of Credits are subject to change without notice.
You are solely responsible for verifying that the proper amount of Credits has been added to or deducted from your Account during any given transaction, so please notify Totem Entertainment immediately should you believe that a mistake has been made with respect to your Credit balance. Totem Entertainment will investigate your claim, and in doing so, may request some additional information and/or documentation to verify your claim. Totem Entertainment will let you know the results of the investigation, however, you acknowledge and agree that Totem Entertainment has sole and absolute discretion in determining whether or not your claim is valid, and if so, the appropriate remedy.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE CREDIT SYSTEM HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. NO REFUNDS WILL BE MADE FOR THE PURCHASE OF CREDITS.
4. When using the Product, you may use your Credits to get in-Product content associated with your Account, including, without limitation, Cards, Photos, Videos ("Product Content") that reside on servers operated by Totem Entertainment as data. You acknowledge and agree that you shall have no ownership or other property interest in any of those Product Content but a limited, non-exclusive, non-transferable license to download and watch the Product Content associated with the Cards. Totem Entertainment does not provide or guarantee, and expressly disclaims any value, cash or otherwise, attributed to any data residing on servers operated by Totem Entertainment, including without limitation the Product Content associated with your Account.
V. ACCOUNT INFORMATION
1.The Account supplied to you is personal to you, and Totem Entertainment does not recognise and expressly forbids the transfer of user Accounts. You shall not purchase, sell, gift or trade any Account, or make any such offer, and any attempt shall be null and void. Any distribution by you of your Account and/or your username and password (except as expressly provided herein or otherwise explicitly approved of by Totem Entertainment) may result in suspension or termination of your Account.
2. iStripper and iStripper-Steam are separate products. You cannot migrate an iStripper account to an iStripper-Steam account, and conversely. Full shows purchased on iStripper cannot be moved to an iStripper-Steam account and conversely.
3. Suspension/Termination: By Totem Entertainment.Totem Entertainment RESERVES THE RIGHT TO SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU, AND WITH NO LIABILITY OF ANY KIND TO YOU. Accounts terminated by Totem Entertainment shall not be reinstated under any conditions whatsoever. By You.You may terminate your Account at any time, for any reason or no reason, by contacting Totem Entertainment.
VI. LINKS
The Site may contain links to websites operated by other parties. Totem Entertainment provides these links to you as a convenience, use of these links and the external websites are at your own risk. The linked sites are not under the control of Totem Entertainment, and Totem Entertainment is not responsible for the content available on the other sites. Such links do not imply endorsement by Totem Entertainment of information or material on any other site, and Totem Entertainment disclaims all liability with regard to your access to and use of such linked websites.
VII. UPDATES AND MODIFICATIONS
1.Totem Entertainment may provide Updates to the Software that must be installed for you to continue to play the Product. Each time you launch the Software to play the Product, you hereby give your consent to Totem Entertainment to remotely install any Updates to the Software that resides on your computer, with or without additional notification to you.
2.Totem Entertainment reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this License Agreement as the Product and the law evolve; provided, however, that material changes to this License Agreement will not be applied retroactively. Such changes will be effective with or without prior notice to you. You can review the most current version of this License Agreement by clicking on the "EULA" link located at the bottom of the Site. You are responsible for checking this License Agreement periodically for changes. If the Software requires an Update at the time you launch the Software to access the Product, you will also have the opportunity to review and to accept or reject the current version of this License Agreement. If any future changes to this License Agreement are unacceptable to you or cause you to no longer be in agreement or compliance with this License Agreement, you may terminate this License Agreement in accordance and must immediately stop using the Product and uninstall the Software. Your continued use of the Product following any revision to this License Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
VIII. TERMINATION OF AGREEMENT
This License Agreement is effective until terminated. You may terminate this License Agreement at any time by notifying Totem Entertainment of your intention to terminate. Totem Entertainment may terminate this License Agreement at any time, for any reason or no reason. Upon termination, whether by you or Totem Entertainment, the license granted to you in Section I shall immediately terminate, and you must immediately and permanently remove the Software from your computer"s permanent memory and destroy any and all copies of the Software that may be in your possession.
IX. TERMINATION OF Product SERVICE
You acknowledge and agree that Totem Entertainment, in its sole and absolute discretion, may stop providing support for or access to the Product at any time, for any reason or no reason. You also agree that Totem Entertainment may change, modify, suspend, discontinue, or restrict your access to any features or parts of the Product at any time without notice or liability to you. You acknowledge that you have no interest, monetary or otherwise, in any feature of or content in the Software or the Product. Notwithstanding the above, Totem Entertainment will make its best effort, in case of suspension or discontinuation of the service to provide a solution for you to keep using all downloaded Content on your computer.
X. CLAIMS OF COPYRIGHT INFRINGEMENT (DMCA)
If you are a copyright owner or agent thereof and believe that content posted on the Site by a Totem Entertainment user infringes upon your copyright, please submit notice pursuant to the Digital Millennium Copyright Act (17 U.S.C. " 512(c)) to the Totem Entertainment Copyright Agent with the following information: An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright; a description of the copyrighted work that you claim has been infringed; the URL of the location on the Totem Entertainment Site containing the material that you claim is infringing; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
Totem Entertainment" Copyright Agent can be reached by mail at Totem Entertainment, 16 avenue Morane Saulnier 78140 V"lizy Villacoublay, France. Please note that these notifications are legal notices, and that Totem Entertainment may provide copies of such notices to the participants in the dispute or to third parties, at its discretion or as required by law.
XI. WARRANTY DISCLAIMER
THE Product (INCLUDING WITHOUT LIMITATION THE WEBSITE, THE SOFTWARE AND THE DOCUMENTATION) IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Totem Entertainment DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE Product OR THE SOFTWARE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFORMATION CONTAINED WITHIN THE Product AND/OR THE SOFTWARE. Totem Entertainment DOES NOT WARRANT THAT THE Product AND/OR THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE Product AND/OR THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE Product AND THE SOFTWARE.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the forgoing disclaimer may, in whole or in part, not apply to you.
XII. INDEMNIFICATION
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Totem Entertainment FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING ATTORNEYS" FEES) THAT DIRECTLY OR INDIRECTLY ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE Product AND/OR THE SOFTWARE, OR ANY VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THIS LICENSE AGREEMENT. Totem Entertainment reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Totem Entertainment in asserting any available defences.
XIII. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL Totem Entertainment BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE SOFTWARE AND/OR THE Product, EVEN IF Totem Entertainment KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, Totem Entertainment SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO YOUR ACCOUNT, COLLECTION OF CARDS, VIRTUAL CURRENCY OR PROFILE INFORMATION STORED BY THE Product. Totem Entertainment SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT SHALL Totem Entertainment BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO Totem Entertainment FOR Product-RELATED TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Totem Entertainment shall be limited to the fullest extent permitted by applicable law.
XIV. EQUITABLE REMEDIES
You hereby acknowledge and agree that Totem Entertainment would suffer irreparable harm if this License Agreement were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that Totem Entertainment shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this License Agreement. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this License Agreement, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys" fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
XV. MISCELLANEOUS
This License Agreement represents the complete agreement between you and Totem Entertainment with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreements between you and Totem Entertainment. The Product is operated by Totem Entertainment in France. Those who choose to access the Product from locations outside France do so on their own initiative and are responsible for compliance with applicable local laws. Totem Entertainment"s failure to enforce any provision of this License Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Totem Entertainment of any provision, condition or requirement of this License Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. If any provision of this License Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License Agreement shall continue in full force and effect. If, however, it is determined that such provision cannot be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. All provisions shall survive any termination of this License Agreement.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT BY CLICKING "ACCEPT" AND/OR INSTALLING THE SOFTWARE AND USING THE Product, YOU ARE ACKNOWLEDGING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.