Vport Terms of Service

IMPORTANT: THESE TERMS INCLUDE A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 20. YOU MAY OPT OUT AS DESCRIBED IN SECTION 20.8.

1. About These Terms

1.1 Agreement. These Vport Terms of Service (the "Terms") are a binding agreement between you and Vport, LLC, a Delaware limited liability company ("Vport," "we," or "us"). They govern your use of the Vport apps, Creator Studio, thevport.com, and all related content, Live Events, purchases, and services (the "Services"). By creating an account, selecting "I Agree," making a purchase, or otherwise using the Services, you accept these Terms. If you do not agree, do not use the Services.

1.2 Other Vport Terms. The Vport Community Guidelines and the Vport DMCA Policy are part of these Terms. If you activate Creator Studio, the Vport Creator Agreement also applies to you and forms Schedule A to these Terms. The Vport Privacy Policy explains how we handle Personal Data. It is a notice, not part of this contract, except where applicable law gives it binding effect.

1.3 Definitions.

"Creator" means a user who has activated Creator Studio and accepted the Creator Agreement.
"Creator Content" has the meaning given in the Creator Agreement.
"Creator Profile" means a Creator's public page and the name, image, biography, and other materials shown on it.
"Live Event" means Creator Content transmitted in real time or near real time.
"Personal Data" means information that identifies, or can reasonably be linked to, an individual.
"Platform" means Apple, Meta, or another third-party app store, operating system, or device platform through which the Services are made available.
"Viewer" means anyone who uses the Services to watch content.

1.4 Electronic Agreement. You agree to enter into these Terms and receive notices electronically. Vport may keep records of your acceptance.

1.5 Organizations. If you use the Services for a company or other organization, you represent that you are authorized to bind it, and "you" includes that organization.

2. Eligibility

2.1 Age. You must be at least 18 years old to create an account or use the Services. Vport may require you to provide your date of birth or otherwise confirm your age, and may rely on age information provided by you or by a Platform. A Platform's age rating or age category does not lower this requirement. The 18+ requirement does not permit sexually explicit or other content prohibited by the Community Guidelines.

2.2 United States Only. The Services are offered only to people located in the United States. You may not use a VPN, proxy, or other tool to get around Vport's geographic or licensing restrictions.

2.3 Accurate Information. You may not misstate your age or location or use another person's credentials or eligibility information. Vport may suspend or terminate an account if it reasonably believes the account holder is under 18 or provided false information.

3. Your Account

3.1 Account Information. You must provide accurate information and keep it current, keep your login credentials confidential, and tell us at support@thevport.com if you believe your account has been compromised.

3.2 Accounts and Credentials. Account credentials are personal to the individual authorized to use them and may not be shared. An organization may use the Services through an organizational account or authorized team-access functionality where Vport provides it, subject to the Creator Agreement or other applicable terms. Except as Vport expressly permits, an account may not be sold or transferred. Where a Platform lets people share a device, each person must use their own Vport account and meet these Terms.

3.3 Verification. Vport may require reasonable verification before restoring access, changing account information, enabling a feature, or processing a request.

3.4 Responsibility. You are responsible for activity on your account to the extent permitted by law.

4. The Services

4.1 What Vport Offers. Vport offers immersive and standard video, on demand and through Live Events, including content supplied by Creators. Features may differ by Platform, device, content, and location.

4.2 Live Events. Live Events may be delayed, interrupted, rescheduled, canceled, or ended for technical, artist, venue, safety, rights, legal, Platform, or other reasons. A Live Event may be recorded and later offered on demand where the Creator has authorized it.

4.3 Content Availability. Content is streamed and requires an internet connection. Content may not be available in perpetuity. Availability depends on the rights granted by Creators and other rights holders and may vary by Platform, device, and location. Vport may remove or disable content at any time, including when rights end, a Creator withdraws it, or a legal, safety, or Platform issue arises.

4.4 Changes to the Services. Vport may add, change, limit, suspend, or discontinue any part of the Services, subject to applicable law and binding Platform requirements, including any advance notice those requirements call for.

4.5 Preview Features. Features Vport labels as beta, preview, or test are provided as is, may be less reliable, and may change or end at any time.

5. Purchases and Credits

5.1 Licensed, Not Sold. Buying access to on-demand content, Live Events, or other digital content gives you a limited license to access it as described in the offer and these Terms. You do not acquire ownership of the content or any intellectual-property right in it.

5.2 How You Pay. Purchases made inside an Apple or Meta app use that Platform's in-app purchase system where the Platform requires it and are subject to the Platform's purchase and refund terms. Purchases on thevport.com are processed by Vport's payment processor. Something bought through one channel is available in another only where Vport says so and the Platform permits it.

5.3 Credits. Vport may offer Credits, which are limited-purpose digital units recorded in your Vport account and usable only for eligible access through the Services. "Paid Credits" are Credits you purchase. "Promotional Credits" are Credits Vport issues without charge, including free, bonus, trial, and goodwill Credits.

Credits are deducted at the amount or rate shown in the Services before you obtain access. The applicable amount or rate may vary by content, offer, or access type.
Paid Credits do not expire, including Credits purchased through Apple In-App Purchase.
Promotional Credits may expire if the promotion disclosed the expiration before they were issued.
Credits are not transferable, have no cash value, and cannot be redeemed for cash, except where applicable law requires.
Vport determines the order in which your Credits are used.
Credits may be bought or used inside a Platform's app only where that Platform permits it.

5.4 Prices and Taxes. Prices are shown before you buy, and taxes are added where required. Prices may differ by Platform. Price changes apply only to future purchases.

5.5 Refunds. Except as required by law, stated in an offer, or provided by a Platform's refund rules, purchases are final once access is delivered. If a Live Event you bought directly from Vport is canceled before it begins and Vport does not offer substantially equivalent replacement access, Vport will provide the refund or other remedy the law requires. If a Live Event is interrupted after it begins, Vport may provide a full or partial refund, Credits, replay access, or another remedy. For purchases made directly from Vport, contact support@thevport.com. For Apple- or Meta-billed purchases, use that Platform's refund process.

5.6 Subscriptions. If Vport offers subscriptions or other recurring products, additional terms and disclosures will apply.

5.7 Credit Adjustments. Vport may correct, adjust, or reverse Credits associated with a refund, chargeback, payment reversal, unauthorized or fraudulent payment, duplicate or erroneous issuance, technical or accounting error, or violation of the terms of a promotion. Promotional Credits may also be revoked where their disclosed conditions were not satisfied. If Credits affected by an adjustment have already been used, Vport may restrict further purchases or access as reasonably necessary to resolve the resulting account balance.

5.8 Pricing and Transaction Errors. Vport may correct an obvious pricing, listing, Credit, or transaction error. If Vport cancels a transaction because of such an error after payment has been collected, Vport will refund the amount charged for that transaction.

6. Your License to Use Vport

6.1 License. Subject to these Terms, Vport grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable license to use the Services for your personal, non-commercial use and, if you are a Creator, for the activities the Creator Agreement permits. Section 24 governs the license to app software distributed through a Platform where Platform terms require.

6.2 Restrictions. Except as Vport expressly permits or applicable law allows despite this restriction, you may not:

copy, download, record, capture, redistribute, rebroadcast, or publicly display or perform content or Vport software;
sell, rent, or commercially exploit access to the Services;
reverse engineer, decompile, or modify Vport software;
bypass or interfere with encryption, access controls, geographic or age restrictions, concurrent-stream limits, or other technical protections; or
access the Services through an unauthorized device, client, bot, scraper, or emulator.

6.3 Reserved Rights. All rights not expressly granted are reserved by Vport and its licensors.

7. Rules of Conduct

You must follow the Community Guidelines. You may not use the Services to:

violate any applicable law or court order, or any Platform term or requirement that applies to you or your use of the Services;
infringe or violate anyone's copyright, trademark, privacy, publicity, or other rights;
harass, threaten, impersonate, defraud, or endanger anyone;
scrape, data-mine, probe, overload, or attempt unauthorized access to the Services;
introduce malware or other harmful code;
manipulate views, attendance, rankings, purchases, revenue, or payouts;
use the Services, Creator Content, or non-public Vport data to train or develop an artificial-intelligence model without the written permission of Vport and the applicable rights holder; or
help or encourage anyone else to do any of these things.

8. Creator Studio

Any eligible user may activate Creator Studio where Vport makes it available. Vport may require you to verify your contact information and meet other reasonable conditions before you can submit content. Activation requires accepting the Creator Agreement, which governs Creator Content, Creator monetization and payouts, Live Event obligations, and other Creator matters as provided in Section 23.3.

9. Moderation, Reporting, and Blocking

9.1 Vport's Discretion. Vport is not obligated to conduct individualized or human editorial review of Creator Content before or after publication. Vport may use manual or automated tools to filter, review, hold, restrict, demonetize, remove, or disable access to content, including before content is made available, and may restrict, suspend, or terminate accounts where Vport reasonably believes action is appropriate under these Terms, the Community Guidelines, the Creator Agreement, applicable law, or Platform requirements. Such review or moderation does not constitute copyright or rights clearance and does not create a general duty to monitor the Services or verify rights.

9.2 Reporting and Blocking. You can report content and conduct, and block Creators, as described in the Community Guidelines. Requests to remove intimate images shared without consent follow the process in the Community Guidelines.

9.3 No Endorsement. Vport does not endorse Creator Content. A moderation decision is not an admission of any kind and does not waive any defense, immunity, or safe harbor available to Vport.

10. Intellectual Property and Copyright

10.1 Vport's Property. The Services, Vport software, design, trademarks, and Vport-created materials belong to Vport or its licensors.

10.2 Feedback. If you give Vport ideas, suggestions, or other feedback, Vport may use it for any purpose without obligation to you.

10.3 Copyright Complaints. Vport responds to notices of claimed copyright infringement and to counter-notifications under the Vport DMCA Policy, which identifies Vport's designated copyright agent. Vport maintains a policy of terminating, in appropriate circumstances, the accounts of repeat infringers, as described in the DMCA Policy. A person who knowingly makes a material misrepresentation in a notice or counter-notification may be liable under 17 U.S.C. § 512(f).

11. Child Safety and Intimate Images

Vport prohibits child sexual abuse material, the sexual exploitation of minors, and intimate images published without consent, including synthetic or altered images. When Vport becomes aware of child sexual abuse material, Vport removes it and reports apparent child sexual exploitation to the National Center for Missing & Exploited Children where required by law. Requests to remove intimate images are handled as described in the Community Guidelines.

12. Privacy and Account Deletion

The Vport Privacy Policy describes how Vport collects, uses, and shares Personal Data. You may initiate deletion of your account through your account settings. Additional privacy-request methods and rights are described in the Privacy Policy. If you are a Creator, deleting your account also removes your Creator Content from the Services as described in the Creator Agreement.

13. Third-Party Platforms and Services

The Services rely on Platforms, payment processors, and other third parties whose own terms and privacy policies may apply to you. Apple, Meta, and other Platforms are responsible for their own services, billing, and support to the extent their terms provide. To the extent permitted by law, Vport is not responsible for a third party's acts, omissions, outages, or policy changes.

14. Suspension and Termination

14.1 By You. You may stop using the Services and delete your account at any time.

14.2 By Vport. Vport may restrict, suspend, or terminate your access to all or part of the Services, remove content, disable Creator Studio, or take other action if Vport reasonably believes you violated these Terms or the law, created a safety, fraud, security, or legal risk, infringed another person's rights, failed a required verification, or must be restricted under a law, court order, or Platform requirement. Vport may act without prior notice. Where Vport makes an appeal process available, you may use it.

14.3 Survival. Provisions that by their nature should survive termination do so, including Sections 5.1, 6.3, 10, 13, and 15 through 24.

15. Health and Safety

Immersive video can cause discomfort, including dizziness, nausea, eye strain, disorientation, and loss of balance. Follow your device manufacturer's health and safety instructions, use the Services in a safe space, take breaks, and stop if you feel unwell. Vport does not provide medical advice. If you have a medical condition that immersive media may affect, consult a healthcare professional before use. Some content contains flashing lights or patterns that can trigger seizures in people with photosensitive epilepsy. If you have had seizures, consult a doctor before use, and stop immediately if you notice symptoms.

16. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." VPORT DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE. VPORT DOES NOT ENDORSE OR WARRANT ANY CREATOR CONTENT. SOME STATES DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THESE MAY NOT APPLY TO YOU.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VPORT AND ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VPORT'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (1) THE AMOUNT YOU PAID FOR THE SERVICES, DIRECTLY OR THROUGH A PLATFORM, IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (2) ONE HUNDRED U.S. DOLLARS (USD $100).

THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT THE LAW DOES NOT ALLOW TO BE LIMITED, INCLUDING FOR FRAUD, WILLFUL MISCONDUCT, OR PERSONAL INJURY WHERE SUCH A LIMITATION IS PROHIBITED, AND DO NOT LIMIT ANY NON-WAIVABLE CONSUMER REMEDY.

18. Indemnification

18.1 Business Use. To the fullest extent permitted by law, if you use the Services for business or commercial purposes, you will defend, indemnify, and hold harmless Vport and its affiliates, members, managers, officers, employees, contractors, licensors, and service providers from third-party claims and related losses, liabilities, damages, settlements, penalties, and reasonable attorneys' fees arising out of your unlawful or unauthorized use of the Services, your breach of these Terms, your violation of another person's rights, or your fraud or willful misconduct.

18.2 Creators. Creators are also bound by the indemnification provisions of the Creator Agreement.

19. Governing Law

The Federal Arbitration Act governs Section 20. Otherwise, these Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules, except where the non-waivable law of your state of residence requires otherwise. Nothing in these Terms waives a consumer-protection, privacy, public-injunctive-relief, small-claims, or other statutory right that the law does not allow you to waive.

20. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS STATED BELOW, YOU AND VPORT AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND WAIVE CLASS AND REPRESENTATIVE PROCEEDINGS TO THE FULLEST EXTENT PERMITTED BY LAW.

20.1 Try to Resolve It First. Before starting arbitration, the party with a claim must send an individualized written Notice of Dispute. The notice must include the claimant's name, the email associated with the relevant Vport account if applicable, a reasonable description of the facts and basis of the claim, the relief requested, and any relevant Vport support or dispute reference number known to the claimant. Notices to Vport go to legal@thevport.com with the subject line "NOTICE OF DISPUTE." Vport will send notices to your account email. The parties will try in good faith to resolve the dispute for 30 days after a complete notice is received, and any limitations period is paused during that time to the extent permitted by law. This Section does not delay a request for relief permitted by Section 20.3.

20.2 Arbitration. Except as stated in Section 20.3, any dispute arising out of or relating to the use, payment, or provision of the Services, including disputes about your account, purchases, Creator Content, Creator Studio, or Vport's handling of data, will be resolved by binding individual arbitration. The arbitrator decides all questions about the claims and these Terms, except that a court decides the enforceability of the class action waiver, the validity of an opt-out, and any matter the law requires a court to decide.

20.3 Exceptions. Either party may bring an eligible individual claim in small claims court. Either party may seek temporary or preliminary injunctive relief in court to protect intellectual property, confidential information, or account security, or to stop unauthorized access, piracy, or circumvention. Claims the law does not allow to be arbitrated, including non-waivable requests for public injunctive relief, may proceed in court, and where lawful will be stayed until related arbitrable claims are resolved.

20.4 Rules. The American Arbitration Association (AAA) will administer the arbitration under its Consumer Arbitration Rules, and its Mass Arbitration Supplementary Rules where the AAA determines they apply. If the AAA is unavailable, the parties will select another national consumer-arbitration provider, or a court may appoint one.

20.5 Location. Hearings will be held by video conference, telephone, or written submissions unless the arbitrator decides an in-person hearing is needed, in which case it will be held in the county where you live unless the parties agree otherwise. A California consumer will not be required to arbitrate outside California or under another state's law where California law prohibits it.

20.6 Fees. Vport will pay arbitration filing, administrative, and arbitrator fees to the extent required by law or the AAA rules. Each party otherwise pays its own attorneys' fees and costs unless a statute, rule, or the arbitrator provides otherwise.

20.7 No Class Actions. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND VPORT MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY AND ONLY AS NEEDED TO RESOLVE THAT PARTY'S CLAIM.

20.8 Opt-Out. You may opt out of this arbitration agreement within 30 days after you first accept these Terms by emailing legal@thevport.com with the subject line "ARBITRATION OPT-OUT" and your name, account email, and a clear statement that you opt out.

20.9 Jury Trial Waiver. For any dispute that proceeds in court, YOU AND VPORT WAIVE A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW.

20.10 Court Venue. Subject to Sections 20.3 and 20.8 and any non-waivable right to proceed elsewhere, court proceedings will be brought in the state or federal courts located in New Castle County, Delaware.

20.11 Severability. If part of this Section is unenforceable, it will be modified to the minimum extent necessary or severed. If the class action waiver is held unenforceable for a claim, that claim will proceed in court, not in class arbitration.

21. Changes to These Terms

21.1 Updates. Vport may update these Terms. Updates apply going forward.

21.2 Material Changes. Vport will give you reasonable advance notice of a material change by email, by a notice in the Services, or by another reasonable method, together with any notice that applicable law or a Platform requires. A material change may take effect sooner where reasonably necessary to comply with law, a court or regulator, or a binding Platform requirement, or to address security or fraud. Vport will ask you to accept the updated Terms where applicable law requires your agreement to a change or where Vport considers your acceptance necessary for the change to be enforceable, and Vport may ask you to accept any other update.

21.3 Changes to Arbitration. A material change to Section 20 does not apply to any dispute of which Vport had written notice before the change took effect. You may reject a material change to Section 20 within 30 days after Vport gives you notice of it by emailing legal@thevport.com with the subject line "REJECT ARBITRATION CHANGE." If you reject the change, the version of Section 20 you previously accepted continues to apply to you.

21.4 If You Do Not Agree. If you do not agree to an update, you must stop using the Services, and you may delete your account.

22. Notices and Contact

Vport may send you notices at your account email or through the Services. Keep your email address current.

Legal matters, privacy requests, and notices of dispute: legal@thevport.com
Account help, purchases, content and safety reports, and Creator payouts: support@thevport.com
DMCA notices and counter-notifications: vport-dmca@copybyte.com

Vport, LLC, 2510 6th Avenue, Unit 3006, Seattle, WA 98121, USA

23. General Terms

23.1 Entire Agreement. These Terms, the documents they incorporate, and any terms you accept for a specific purchase are the entire agreement between you and Vport about the Services. A separate written agreement with Vport controls to the extent it expressly says it overrides these Terms.

23.2 Platform Terms. Section 24 applies when you use the Services through Apple or Meta.

23.3 Order of Precedence. If the Creator Agreement conflicts with these Terms concerning Creator Content, Creator Studio, Creator monetization or payouts, Live Events, or Creator-specific obligations, the Creator Agreement controls. Section 24 controls to the extent required by a mandatory Platform term. Mandatory law controls over any conflicting provision.

23.4 Assignment. You may not assign these Terms or your account without Vport's written consent. Vport may assign these Terms, including in a merger, acquisition, financing, reorganization, or sale of assets.

23.5 No Waiver. A failure to enforce a provision is not a waiver of it.

23.6 Severability. Except as Section 20.11 provides, an unenforceable provision will be modified to the minimum extent necessary or severed, and the rest of these Terms remain in effect.

23.7 No Third-Party Beneficiaries. These Terms create no third-party beneficiary rights except as Section 24 or a mandatory Platform term provides.

23.8 Force Majeure. To the extent permitted by law, Vport is not liable for delay or failure caused by events beyond its reasonable control, including internet, cloud, or Platform outages, government action, labor disputes, natural disasters, war, public-health emergencies, and artist or venue cancellations. This does not remove a refund or other remedy that the law or a binding Platform rule requires.

23.9 Export and Sanctions. You may not use or make the Services available in violation of U.S. export-control or sanctions laws, and you represent that you are not prohibited from receiving the Services under those laws.

23.10 Legal Protections Preserved. Nothing in these Terms waives or limits any immunity, safe harbor, or defense available to Vport under applicable law, including 47 U.S.C. § 230 and 17 U.S.C. § 512.

23.11 Headings. Headings are for convenience only.

23.12 Interpretation. "Including" and similar words mean "including without limitation," and examples are illustrative rather than exhaustive.

24. Apple and Meta Terms

24.1 Apple. If you get a Vport app from Apple's App Store, Apple's standard Licensed Application End User License Agreement (the "Apple EULA") governs the license to that app unless Vport provides a custom license through the App Store. These Terms govern your Vport account and the Services. If these Terms conflict with the Apple EULA on a matter the Apple EULA governs, the Apple EULA controls. Vport, not Apple, is responsible for the Services and Vport's support. Apple-billed purchases are subject to Apple's purchase and refund terms and Apple's Usage Rules, including any Family Sharing, but each person must still use their own Vport account.

24.2 Meta. If you get Vport from the Meta Horizon Store or use it on a Meta Quest device, you must also follow Meta's applicable terms and policies, including its content guidelines and Code of Conduct for Virtual Experiences. If a mandatory Meta term conflicts with these Terms concerning your use of the Meta platform, the Meta term controls to the extent of the conflict.

License. Vport grants you a personal, non-exclusive, non-transferable license to use the Meta-distributed Vport app on supported Meta devices for personal, non-commercial use. To the extent Meta's developer distribution terms require, this app license survives the end of Vport's distribution relationship with Meta. It does not guarantee continued availability of the Services or any content.
Support and billing. Vport provides support for the Vport app. Meta handles billing questions for purchases processed by Meta.
Payments. Purchases inside the Meta app use Meta's in-app purchase system where Meta requires it.
Shared devices. Each person who uses Vport on a shared Meta device must use their own Vport account.

24.3 Other Platforms. If the Services become available through another Platform, additional Platform terms may apply.

Terms & Conditions