privacy policy

VampireBeverlyHills.com’s Privacy Policy is designed to help you understand how we collect and use the personal information you decide to share when using VampireBeverlyHills.com and its directly associated domains.

This Privacy Policy describes VampireBeverlyHills.com’s use and sharing of personally identifiable information (“PII”—your full name, email address, mailing address, telephone number, or credit card number) that members voluntarily provide to VampireBeverlyHills.com when they register (also known as “Registration PII”). The term “User” refers to a Visitor or a Member. This Privacy Policy applies to the services offered by VampireBeverlyHills.com, including any VampireBeverlyHills.com branded URL and other features (for example, music and video embedded players), and any other features content, or applications offered from time to time by VampireBeverlyHills.com in connection with the VampireBeverlyHills.com website. The VampireBeverlyHills.com Services are hosted in the United States.

From time to time VampireBeverlyHills.com may modify this Privacy Policy to reflect industry initiatives or changes in the law, our PII collection and use practices, the features of the VampireBeverlyHills.com services, or technology, and such modifications shall be effective upon posting by VampireBeverlyHills.com on the VampireBeverlyHills.com website. Your continued use of the VampireBeverlyHills.com Services after VampireBeverlyHills.com posts a revised Privacy Policy signifies your acceptance of the revised Privacy Policy. It is therefore important that you review this Privacy Policy regularly to ensure you are updated as to any changes. If VampireBeverlyHills.com materially changes its practices regarding collection or use of your PII, your PII will continue to be governed by the Policy under which it was collected unless you have been provided notice of, and have not objected to, the change.

Children Under Age 13

The VampireBeverlyHills.com website is a general audience site and does not knowingly collect PII from children under 13 years of age. If you are under 13, please do not attempt to register for VampireBeverlyHills.com or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on VampireBeverlyHills.com. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us immediately.

User Content

You post User Content (as defined in VampireBeverlyHills.com’s Terms of Use) on the site at your own risk. Although we may allow you to set privacy options that limit access to your pages, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other Users with whom you may choose to share your pages and information. Therefore, we cannot and do not guarantee that User Content you post on the Site will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the site. You understand and acknowledge that, even after removal, copies of User Content may remain viewable in cached and archived pages or if other Users have copied or stored your User Content.

Any improper collection or misuse of information provided on Vampire.com is a violation of the VampireBeverlyHills.com Terms of Service and should be reported immediately.

Collection and Submission of PII and Non PII on VampireBeverlyHills.com

When Vampire.com collects PII from you it is because you are voluntarily submitting Registration PII to us in order to register as a Member of VampireBeverlyHills.com. VampireBeverlyHills.com may also collect PII from you if you choose to participate in VampireBeverlyHills.com Services activities like sweepstakes, contests, and surveys, because you want us to furnish you with products, services, newsletters, or information, or in connection with content or suggestions you submit to VampireBeverlyHills.com for review.

In addition, VampireBeverlyHills.com collects other non-PII including IP address, aggregate user data, and browser type. This data is used to manage and improve the VampireBeverlyHills.com Services, track usage, and for security purposes.

VampireBeverlyHills.com Members may also choose to provide or store non-PII information in their profiles, including but not limited to date of birth, interests, hobbies, lifestyle choices, groups with whom they are affiliated (schools, companies), videos and/or pictures, private messages, bulletins or personal statements (collectively “Profile Information”). The Profile Information in a Member’s profile is provided at his or her sole discretion.

VampireBeverlyHills.com members can change their Registration PII and Profile Information at anytime and can control how Visitors, other Members, and VampireBeverlyHills.com communicate with then by controlling their account settings, available within the “Edit Profile” portion of their VampireBeverlyHills.com profile.

When you voluntarily provide PII to VampireBeverlyHills.com, we will make sure you are informed about who is collecting the information, how and why the information is being collected and the types of uses VampireBeverlyHills.com will make of the information to the extent it is being used in a manner that differs from what is allowed pursuant to this Privacy Policy.

At the time you provide your PII, VampireBeverlyHills.com will notify you of your options regarding our use of your PII (See “Choice” below). Except as described in this Privacy Policy, VampireBeverlyHills.com will not share your PII with third parties unless you have given VampireBeverlyHills.com permission to do so (See “Use” below).

Cookies

Cookies are small bits of information that Vampire.com places on your computer. VampireBeverlyHills.com uses cookies to identify your Internet browser, store Users’ preferences, and determine whether you have installed the enabling software needed to access certain material on the VampireBeverlyHills.com website. Data in cookies may be read to authenticate user sessions or provide services.

Third party advertisements displayed on VampireBeverlyHills.com may also contain cookies set by Internet advertising companies or advertisers (known as third-party cookies”). VampireBeverlyHills.com does not control these third party cookies and Users of the Vampire.com Services should check the privacy policy of the Internet advertising company or advertiser to see whether and how it uses cookies. Third party advertisers have no access to your contact information stored on VampireBeverlyHills.com unless you choose to share it with them.

You can program your computer to warn you each time a cookie is being sent, block third party cookies or block all cookies. However, by blocking all cookies you may not have accessto certain features on the VampireBeverlyHills.com Services.

VampireBeverlyHills.com Services may be linked to Internet sites operated by other companies. VampireBeverlyHills.com Services may also carry advertisements from other companies. VampireBeverlyHills.com is not responsible for the privacy practices of websites or other services operated by third parties that are linked to or integrated with the VampireBeverlyHills.com Services or for the privacy practices of third party Internet advertising companies. Once you leave VampireBeverlyHills.com Services via such a link, access a third party application (such as widgets) or click on an advertisement, you should check the applicable privacy policy of the third party or advertiser site to determine, among other things, how they will handle any PII they collect from you.

VampireBeverlyHills.com’s Use of PII

VampireBeverlyHills.com will only use the PII you provide under this Privacy Policy in a manner that is consistent with this Privacy Policy. If VampireBeverlyHills.com obtains PII from a third party, such as a business partner, our use of that information is also governed by this Privacy Policy.

In order to locate other VampireBeverlyHills.com Members that you may already know in the physical world, VampireBeverlyHills.com allows Users to search for Members using Registration PII (i.e., full name or email address). VampireBeverlyHills.com also allows Users to browse for certain Profile Information in order to help connect with Members (i.e., schools and/or companies where Users may have attended or worked). VampireBeverlyHills.com may also enable Members to publicly display some Registration PII as an element of their Profile Information if they choose to do so via a profile setting under “Edit Profile.” Search engines may index the portion of a Member’s profile (including the Profile Information it contains) that is publicly displayed.

If you have consented to receive promotional materials (e.g., newsletters) or notifications from VampireBeverlyHills.com, VampireBeverlyHills.com may periodically use your email address to send you such materials related to the VampireBeverlyHills.com Services, as applicable. If you want to stop receiving such materials from VampireBeverlyHills.com, you can change your profile settings under “Account Settings,” or follow the unsubscribe instructions at the bottom of each email.

Vampire.com employees, agents and contractors must have a business reason to obtain access to your PII. VampireBeverlyHills.com may share your PII with those who help us manage or provide VampireBeverlyHills.com Services’ information activities (for example, message board administration, order fulfillment, statistical analyses, data processing), or with outside contractors, agents or sponsors who help us with the administration, judging and prize fulfillment aspects of contests, promotions and sweepstakes.

These outside contractors, agents or sponsors may temporarily store some information on their servers, but they may only use your PII to provide VampireBeverlyHills.com with a specific service and not for any other purpose. VampireBeverlyHills.com may also provide your PII to a third party in those instances where you have chosen to receive certain information and have been notified that the fulfillment of such a request requires the sharing of your PII. VampireBeverlyHills.com also may share your PII with Affiliated Companies if it has a business reason to do so.

As described above, VampireBeverlyHills.com may customize the advertising and marketing messages you receive on the VampireBeverlyHills.com Website, or may work with outside companies to do so. Your non-PII and/or Profile Information may be shared with these companies so this customization can be accomplished. VampireBeverlyHills.com prohibits these companies from sharing your non-PII and/or Profile Information with any third party or from using it for any other purpose. Anonymous click stream, number of page views calculated by pixel tags, and aggregated demographic information may also be shared with VampireBeverlyHills.com’s advertisers and business partners.

There may be instances when VampireBeverlyHills.com may access or disclose PII, Profile Information or non-PII without providing you a choice in order to: (i) protect or defend the legal rights or property of VampireBeverlyHills.com, our Affiliated Companies or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of Users of the VampireBeverlyHills.com Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process. In addition, if VampireBeverlyHills.com sells all or part of its business or makes a sale or transfer of all or a material part of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, VampireBeverlyHills.com may transfer your PII to the party or parties involved in the transaction as part of that transaction.

Security of PII

VampireBeverlyHills.com uses commercially reasonable administrative, technical, personnel and physical measures to safeguard PII and credit card information in its possession against loss, theft and unauthorized use, disclosure or modification. In addition, VampireBeverlyHills.com uses reasonable methods to make sure that PII is accurate, up-to-date and appropriately complete.

Whenever possible, VampireBeverlyHills.com Members may review the Registration PII we maintain about them in our records. We will take reasonable steps to correct any PII a Member informs us is incorrect. If you are a Member, you can view and change your Registration PII, Member preferences and Profile Information by logging into your account and accessing features such as “Edit Profile” and “Account Settings.”

If you ask VampireBeverlyHills.com to stop using your PII, VampireBeverlyHills.com will honor that request while retaining any record of your PII that is necessary to comply with applicable federal, state or local law.

If you would like to communicate with us about this Privacy Policy or VampireBeverlyHills.com’s collection and use of your PII please contact Vampire.com at:

Email: info@vampirebeverlyhills.com

Mail:

9107 Wilshire Blvd Suite 425
Beverly Hills, California 90210

COPYRIGHT POLICY

 

Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied on VampireBeverlyHills.com in a way that constitutes copyright infringement, please notify our copyright agent in writing, and include the following:

Such notices should be sent to our Copyright Agent as follows:

 

VampireBeverlyHills.com DMCA notices
c/o Michael Machat Esq.
433 N. Camden Drive, Ste. 400
Beverly Hills, CA 90210
USA
ph: +1.310.274.6600
email: info[at]machatlaw[dot]com

Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

Please also note that under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter-Notification

If you believe that material you posted has been removed in error, you should send our Copyright Agent, using the contact information listed above, a counter notice that includes the following:

Please note that under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.

TERMS OF USE

The following Terms or Use govern our relationship with users and others who interact with VampireBeverlyHills.com. By using or accessing VampireBeverlyHills.com, you agree to this Statement.

VampireBeverlyHills.com is a social networking service that allows Members to create unique personal profiles online in order to share User generated content and communicate with old and new friends. The VampireBeverlyHills.com website allows each of its users to post and view profiles, text, pictures, videos, audio, and other content. Any content posted to the site is immediately made public. The services offered by VampireBeverlyHills.com include any VampireBeverlyHills.com-branded URLS (the “VampireBeverlyHills.com Website”), the VampireBeverlyHills.com application developer service and other features (for example music and video embedded players), and any other features, content or applications offered from time to time by VampireBeverlyHills.com in connection with VampireBeverlyHills.com’s business (collectively, the “VampireBeverlyHills.com Services”). The VampireBeverlyHills.com Services are hosted in the United States.

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the VampireBeverlyHills.com Services. By using the VampireBeverlyHills.com Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the VampireBeverlyHills.com Website, including through a mobile device, or otherwise use the VampireBeverlyHills.com Services without being registered) or you are a “Member” (which means that you have registered with VampireBeverlyHills.com). The term “User” refers to a Visitor or a Member. You are only authorized to use the VampireBeverlyHills.com Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Vampire.com Website and discontinue use of the VampireBeverlyHills.com Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the VampireBeverlyHills.com, Services, you must read this Agreement and indicate your acceptance during the registration process.

This Agreement includes VampireBeverlyHills.com’s policy for acceptable use of the VampireBeverlyHills.com Services and Content posted on or through the VampireBeverlyHills.com Services and your rights, obligations and restrictions regarding your use of the Vampire.com Services and Content posted on or through the VampireBeverlyHills.com Services. In order to participate in certain VampireBeverlyHills.com Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from VampireBeverlyHills.com. Unless otherwise provided by the additional terms and conditions applicable to the Vampire.com Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

Vampire.com may modify this Agreement from time to time and such modification shall be effective upon posting by VampireBeverlyHills.com on the VampireBeverlyHills.com Website. Your continued use of the VampireBeverlyHills.com Services after VampireBeverlyHills.com posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Due to the nature of social networking sites and the very large amount of content posted frequently, we are unable to monitor everything on the Site, and thus VampireBeverlyHills.com acts as a passive conduit for user interaction. We do, however, respond to reports, notices, and complaints in a timely manner. Though VampireBeverlyHills.com takes no responsibility for monitoring or editing user content, we reserve the right, at our sole discretion, to change, edit, or remove any user uploaded content, including but not limited to text, images, musical works, sound recordings, and video.

Please choose carefully the information you post on or through the VampireBeverlyHills.com Services and that you provide to other Users. Your VampireBeverlyHills.com profile may not include any form of Prohibited Content, as outlined below. Despite this prohibition, information, materials, products or services provided by other VampireBeverlyHills.com Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and VampireBeverlyHills.com assumes no responsibility or liability for this material.

VampireBeverlyHills.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the VampireBeverlyHills.com Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. VampireBeverlyHills.com expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the VampireBeverlyHills.com Services if VampireBeverlyHills.com determines, in its sole discretion that you have violated this Agreement or pose a threat to VampireBeverlyHills.com and/or its Users.

Eligibility

Use of the VampireBeverlyHills.com Services and registration to be a Member for the VampireBeverlyHills.com Services (“Membership”) is void where prohibited. By using the VampireBeverlyHills.com Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the VampireBeverlyHills.com Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

Term

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the VampireBeverlyHills.com Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member’s Account Settings page. VampireBeverlyHills.com may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect.

Account Information

In consideration of your use of VampireBeverlyHills.com, you agree to be fully responsible for all use of your account and for any actions that take place using your account. If you are a Member of VampireBeverlyHills.com, you also agree to the following:

Provide accurate and complete information about you as may be requested on the Site (“Registration Data”)

Maintain the security of your password and identification, and not to disclose or reveal your password to anyone or otherwise permit others to access your account without your knowledge and control.

Fees

You acknowledge that VampireBeverlyHills.com reserves the right to charge for any portion of the VampireBeverlyHills.com Services and to change its fees (if any) from time to time in its discretion. If Vampire.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).

Use by Members

The VampireBeverlyHills.com Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by VampireBeverlyHills.com. Vampire.com reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the VampireBeverlyHills.com Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the VampireBeverlyHills.com Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. VampireBeverlyHills.com reserves the right to take appropriate legal action for any illegal or unauthorized use of the VampireBeverlyHills.com Services.

Proprietary Rights in Content on VampireBeverlyHills.com

User Content Posted

VampireBeverlyHills.com may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of VampireBeverlyHills.com violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Vampire.com assumes no responsibility for monitoring the VampireBeverlyHills.com Services for inappropriate Content or conduct. If at any time VampireBeverlyHills.com chooses, in its sole discretion, to monitor the VampireBeverlyHills.com Services, VampireBeverlyHills.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for the Content that you post on or through any of the VampireBeverlyHills.com Services, and any material or information that you transmit to other Members and for your interactions with other Users.

Prohibited Content/Activity

The following are more examples of the kind of activity that is illegal or prohibited on the VampireBeverlyHills.com Website and through your use of the Vampire.com Services. VampireBeverlyHills.com reserves the right to investigate and take appropriate legal action against anyone who, in VampireBeverlyHills.com’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

Protecting Copyrights and Other Intellectual Property

VampireBeverlyHills.com respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. VampireBeverlyHills.com has the right to terminate the Membership of infringers.

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, VampireBeverlyHills.com has adopted a policy of terminating, in appropriate circumstances and at VampireBeverlyHills.com’s sole discretion, members who are deemed to be repeat infringers. Vampire.com may also at its sole discretion limit access to the VampireBeverlyHills.com Website and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe your work has been copied and posted on or through the Vampire.com Services in a way that constitutes copyright infringement, please send VampireBeverlyHills.com’s Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the VampireBeverlyHills.com Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) 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 the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. VampireBeverlyHills.com’s Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, TI Beverage Group, Inc., 9107 Wilshire Blvd., #425, Beverly Hills, CA 90210; Phone: (310) 274-6600; Attn: Copyright Agent. VampireBeverlyHills.com’s Copyright Agent for notification of claimed infringement can also be reached electronically via info@machatlaw.com. VampireBeverlyHills.com provides certain tools and technologies to help facilitate copyright owners’ control over their copyrighted works.

Member Disputes

You are solely responsible for your interactions with other VampireBeverlyHills.com Members. VampireBeverlyHills.com reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.

Privacy

Use of the VampireBeverlyHills.com Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Disclaimers

VampireBeverlyHills.com is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the VampireBeverlyHills.com Services, whether caused by Users of the VampireBeverlyHills.com services or by any of the equipment or programming associated with or utilized in the Vampire.com Services and such User Content does not necessarily reflect the opinions or policies of VampireBeverlyHills.com. Profiles and third party applications created and posted by Members on the Vampire.com Website may contain links to other websites. VampireBeverlyHills.com is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by VampireBeverlyHills.com. Inclusion of any linked website on the VampireBeverlyHills.com Services does not imply approval or endorsement of the linked website by Vampire.com. When you access these third party sites, you do so at your own risk. VampireBeverlyHills.com takes no responsibility for third party advertisements or third party applications that are posted on or through the VampireBeverlyHills.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. VampireBeverlyHills.com is not responsible for the conduct, whether online or offline, of any User of the Vampire.com Services. VampireBeverlyHills.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. VampireBeverlyHills.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the VampireBeverlyHills.com Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the VampireBeverlyHills.com Services. Under no circumstances shall Vampire.com be responsible for any loss or damage, including personal injury or death, resulting from use of the VampireBeverlyHills.com Services, attendance at a VampireBeverlyHills.com event, from any User Content posted on or through the VampireBeverlyHills.com Services, or from the conduct of any Users of the VampireBeverlyHills.com Services, whether online or offline. The VampireBeverlyHills.com Services are provided “AS-IS” and as available and VampireBeverlyHills.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. VampireBeverlyHills.com cannot guarantee and does not promise any specific results from use of the VampireBeverlyHills.com Services.

Limitation on Liability

In no event shall VampireBeverlyHills.com be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the VampireBeverlyHills.com Services, even if VampireBeverlyHills.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, VampireBeverlyHills.com’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid if any by you to VampireBeverlyHills.com for the VampireBeverlyHills.com services during the time of Membership.

U.S. Export Controls

Software available in connection with the VampireBeverlyHills.com Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the VampireBeverlyHills.com Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

Disputes

The Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. You and VampireBeverlyHills.com agree to submit to the exclusive jurisdiction of the courts located within the State of California to resolve any dispute arising out of the Agreement or the VampireBeverlyHills.com Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

Indemnity

You agree to indemnify and hold Vampire.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the VampireBeverlyHills.com Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on or through the VampireBeverlyHills.com Services.

Agreement Acceptance

This Agreement is accepted upon your use of the Vampire.com Website or any of the VampireBeverlyHills.com Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and VampireBeverlyHills.com regarding the use of the Vampire.com Services. The failure of VampireBeverlyHills.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.