Except as expressly permitted by Provider in writing, You are granted a revocable, nonexclusive, non-transferable, non-sublicensable license to use the Website and the Website content only for Your personal use and not for resale or distribution to anyone else, in accordance with the terms of this Agreement. All other use is prohibited. You agree that the Website and the Website Content are and remain the sole property of Provider.

Except as expressly permitted by Provider in this Agreement or otherwise in writing by Provider, You will not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of the Website or any of the Website Content, in whole or in part, in any form or by any means, whether manual or automatic. You shall not remove or alter any copyright notices, trademark designations or any other similar markings on any copy of the Website or the Website Content

All right, title and interest in and to the Website and the Website Content and all intellectual property rights embodied therein, including all copyrights and patents, are the property of Provider or its respective licensors, sources or suppliers and are protected by copyright, patent and other applicable laws and international treaties. Except as provided by this Agreement, Provider does not grant You any rights in or to the Website or the Website Content. As between You and Provider, all title and intellectual property rights in and to the Website and the Website Content are the sole and exclusive property of Provider. The Website and the Website Content are to be used only for Your purposes in accordance with the terms of this Agreement. Any reproduction, retransmission or other use of the Website or the Website Content is strictly prohibited, except as otherwise provided by this Agreement or by Provider’s or the Provider’s express written authorization.

Without limiting anything else contained in this Agreement, You agree and acknowledge:

The Website and the Website Content and any other information contained therein are valuable intellectual property owned by or licensed to Provider and that no proprietary rights therein are being transferred to You by this Agreement;

You will not, directly or indirectly:

1. Without Provider’s prior written consent, use the Website or the Website Content and any other information contained therein for any purposes other than those permitted by this Agreement;

2. Use the Website or the Website Content and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom;

3. Use the Website or the Website Content and any other information contained therein in violation of any applicable laws or regulations;

4. Use automated scripts or bots to collect information from or otherwise interact with the Website or the Website Content;

5. Publish or distribute in any medium, license, transfer or sell the Website or the Website Content, in whole or in part, and any other information contained therein, and/or summaries or subsets thereof to any person or entity;

6. Attempt to access or access any other user’s account;

7. Attempt to obtain or ascertain or obtain or ascertain or use any other user’s username, password and/or personal information by any means whatsoever;

8. Create a Website account under a false name, impersonate any person or entity or falsely state Your affiliation with any person or entity;

9. Attempt to elude or elude Provider’s security systems or other systems intended to prevent unauthorized use of the Website or the Content;

10. Attempt to gain access or gain access to the Website in a fraudulent manner;

11. Disassemble, decompile, create derivative works of, make unauthorized copies of, reverse engineer, or otherwise modify the Website or the Website Content and any other material contained therein;

12. Incorporate the Website or the Website Content into another program, system, app or service.

13. Upload to, post on or make accessible through the Website any material which:

14. Create, display or live-stream on or upload to Vaginawater any material which:

    1. libels, defames, or invades the privacy of any third party,

    2. is obscene,

    3. is harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable;

    4. violates or is otherwise contrary to the laws or regulations, including, without limitation, all laws and regulations governing advertising, of any location where such material may be accessed;

    5. constitutes personal attacks on other individuals;

    6. infringes the intellectual property, trade secret or proprietary rights of any third party;

    7. is deemed confidential by contract or law;

    8. promotes or provides instructions for criminal or other illegal activity, suicide or self-harm;

    9. offers or promotes the sale of illegal or regulated goods or Products;

    10. is deliberately designed to harass, emotionally or physically harm or bully another person;

    11. contains a threat of any kind, including, without limitation, threats of physical violence; or

    12. is untrue, false, misleading or otherwise inaccurate.

15. Use the Website or the Website Content for any purpose other than those intended by Provider, as determined by Provider in its sole discretion; or

16. Upload or submit any data or information containing any viruses, spyware, malware or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers or other equipment used in connection with or related to the Website, the Website or the downloading thereof.

You specifically acknowledge and agree that any and all misappropriation or misuse of the Website or the Website Content and any other information contained therein will cause irreparable harm to Provider and that in such event money damages will not constitute sufficient compensation to Provider; consequently, in the event that You, directly or indirectly, misappropriate or misuse the Website, the Website Content and any other information contained therein, You specifically consent to Provider obtaining injunctive relief against You in addition to any other legal or financial remedies to which Provider may be entitled. Any unauthorized or prohibited use may also subject You to criminal prosecution under applicable laws.

Provider reserves the unilateral right to discontinue the Website, the Website Content, and Your license to download, use and access the Website or the Website Content at any time, for any reason and without notice.

The Website requires that You register and/or set up an account to purchase products offered on the Website. In order to do so, You may be provided or required to choose and/or provide a password, user ID, and/or other registration information (collectively, "Registration Information"). You agree and represent that all Registration Information provided by You is accurate and up-to-date. If any of Your Registration Information changes, You must update it by editing Your Registration Information through the Website.

If You register and/or set up an account on the Website, You will be solely responsible for maintaining the confidentiality of Your Registration Information. You shall not authorize others to use Your Registration Information, and You are responsible for all use by You and those You allow to use the Website. You shall not sub-license, transfer, sell or assign Your Registration Information and/or this Agreement to any third party. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.

You are solely responsible for all usage or activity on Your account including, but not limited to, use of the account by any person who uses Your Registration Information, with or without authorization.

Provider reserves the right to refuse service and/or terminate Your account and access to the Website without prior notice if You violate this Agreement or if Provider decides, in its sole discretion, that it would be in Provider’s best interest to do so.

You acknowledge and agree that by submitting remarks, comments, suggestions and ideas to Provider through the Website (individually and collectively, “Submissions”), You (i) grant Provider a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter created without attribution; (ii) and forever waive any and all of your rights, including but not limited to moral rights, if any, in and to Your Submissions, including, without limitation, any all rights or requirements of attribution or identification of You as the author of the Submission or any derivative thereof. You further acknowledge and agree that Your Submissions are non-confidential and do not contain proprietary information.

Except as described in Provider’s Privacy Policy, Provider will not be required to treat any Submissions as confidential, and You acknowledge and agree that Provider may use in connection with its business any of the concepts and ideas contained in Your Submissions (including without limitation, product or advertising ideas) without compensation to You and Provider will not incur any liability to You as a result of any similarities between concepts and ideas contained in Your Submission and future Provider operations and business. Except as otherwise set forth in these Terms of Use, Provider will be entitled to use the Submissions for any commercial or other purpose whatsoever without compensation to You or any other person.

Your Submissions, including personally identifiable information contained therein, are made voluntarily and are subject to the Privacy Policy. You are responsible for the content of Your Submissions and agree to defend (at Provider’s option) and at Your sole expense, indemnify and hold Provider harmless from any damages, losses, costs, or expenses, including attorneys’ fees, which Provider may incur as a result of Your Submissions.

With respect to Your Submissions, You acknowledge, warrant and agree that:

1. Your Submissions will be true and accurate, are the original work of Your authorship, that You are not employed or otherwise being compensated by the provider of the products or Products (if any) that Your Submissions relates to and that You are not impersonating any other person;

2. You have the right to make Your Submissions without violating the copyright, trademark, patent or other intellectual property rights of any person or entity, and the Submissions will not contain any content, personally identifiable information or other information, or materials of any kind that relates or refers to any other person or entity other than the provider of the products, goods or Products to which Your Non-Content Submission relates; and

3. Your Submissions will not violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that (a) libel, defame, or invade the privacy of any third party, (b) are obscene or pornographic, (c) harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed; (d) constitute personal attacks on other individuals; (e) infringe the intellectual property, trade secret or proprietary rights of any third party; (f) promote criminal or other illegal activity; (g) promote or advertise any person, product or service or solicit funds; or (h) are deemed confidential by any contract or policy.

At certain places on the Website, including in advertisements placed by third parties, live links to other Internet websites can be accessed. Such other websites contain information created, published, maintained, or otherwise posted by organizations not related to and otherwise independent of Provider. Provider. Provider does not endorse, approve, certify, maintain, or control these other websites and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. Provider provides the links only as a convenience. Use of any information obtained from such websites is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness as well as those websites’ respective terms of use and privacy policies. Neither the inclusion of the link on the Website nor reference on the linked websites to any product, process, or service by name, trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or referral by Provider. You acknowledge and agree that Provider shall not be liable for any damages or injury resulting or arising from the content of or access to such other websites.

There may be circumstances where access to the Website is provided by a hypertext link located on another website. Provider has no responsibility for the content of such other websites. Provider does not make any representations or give any warranties or conditions with respect to any information contained in or at such other websites and You acknowledge and agree that Provider shall not be liable for any damages resulting or arising from the content of or access to such other websites. Provider does not endorse the individuals, entities, products or materials associated with such websites.

All matters concerning goods and Products offered or promoted on websites for which a link is available on the Website or provide a link to the Website (“Third Party Products”), including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are to be resolved solely between You and the party responsible for those websites. Provider provides no warranties or representations whatsoever with regard to any Third Party Products. Provider will not be considered or be construed as a party to such transactions, regardless as to whether Provider may have received some form of revenue or other remuneration in connection with such transactions. Provider will not be liable for any costs or damages arising out of, either directly or indirectly to, You or any third party with respect to third party transactions or goods or Products provided or obtained in connection with those transactions. The relevant returns policy of the third party providing the Third Party Product will be set out in an email confirmation of Your purchase together with details of Your statutory rights.

Provider recognizes the importance of protecting the privacy of visitors to the Website. Please click here Privacy Policy to view the Website’s privacy policy which is incorporated and made part of this Agreement. Any changes to the privacy policy will be communicated on such page. If You are outside the United States, You understand and agree that by providing Provider with any information about Yourself, You are consenting to the transfer of that information to the United States.

If You believe that any of the Content made available on the Website infringes Your copyright, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C 512(c)(3), by providing our Copyright Agent with the following information in writing:

1. A description of the copyrighted work that You claim has been infringed;

2. A description of the material that You claim is infringing which is sufficient to permit Provider and its Copyright Agent to locate that material;

3. Your address, telephone number, and e-mail address;

4. A statement that You have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law;

5. 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 authorized to act on the copyright owner's behalf; and

6. A physical signature of the person authorized to act on behalf of the owner of the copyright interest.

If You fail to submit all of the above, Provider reserves the right to ignore Your reque

Provider’s designated Copyright Agent to receive notifications of claimed infringement is:

zuMedia Inc.

Attn: Copyright Agent

P.O. Box 299

Middletown, NY 10940

Only notices of copyright infringement should be sent to the Copyright Agent.

THE WEBSITE AND THE CONTENT ARE PROVIDED FOR YOUR USE IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

THE WEBSITE AND THE CONTENT ARE PROVIDED BY PROVIDER ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDER, ITS RESPECTIVE AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, THE “PROVIDER BUSINESSES”) MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE WEBSITE AND THE CONTENT FOR ANY PURPOSE. PROVIDER SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. PROVIDER SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE WEBSITE AND THE CONTENT, FOR ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER, OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE WEBSITE OR THE CONTENT.

YOUR USE OF THE WEBSITE AND THE CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL THE PROVIDER BUSINESSES, THEIR AGENTS OR THIRD PARTY PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR THE CONTENT, THE DELAY OR INABILITY TO USE THE WEBSITE, THE CONTENT OR OTHERWISE ARISING IN CONNECTION WITH THE WEBSITE OR THE CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

THE PROVIDER BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

If any provision of these terms and conditions is found to be illegal, void, or unenforceable, that provision will be deemed severed from the balance of the Agreement and will not affect the validity and enforceability of the remaining provisions, which will continue in full force and effect.

Please visit our Privacy Policy at Privacy Policy which is incorporated in and made part of this Agreement. If You are outside the United States, You understand and agree that by providing Provider with any information about Yourself, You are consenting to the transfer of that information to the United States.

Any notice or other document or communication required or permitted hereunder to Provider, including any questions, complaints or claims that You may have, will be deemed to have been duly given only if in writing and delivered by any of the following methods:

1. Certified U.S. mail, return receipt requested, postage prepaid, to Provider at VaginaWATER Inc., P.O. Box 299, Middletown NY 10940; or

2. Email sent to legal@vaginawater.com

Notices to Provider shall be deemed delivered when actually received by Provider

Any notice or other document or communication from Provider required or permitted hereunder will be sent to the email address that You provide when You register to use the Website. Such notice will be deemed received by You the business day after the email is sent.

Should You elect to send or receive email communications of any kind to or from Provider, You represent and warrant to Provider that Your email service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound email transmissions.

Except as set forth otherwise herein, Provider controls and operates the Website from the United States of America and makes not representation that the Website and the Content is appropriate or available for use in other locations. You are responsible for compliance with applicable local laws including, without limitation, all export and import laws. the Website and the Content be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo or that has been designated by the U.S. Government as a “terrorist supporting” county; (b) to anyone in the U.S. Treasury Department’s Specially Designated national list; or (c) to anyone on the U.S. Commerce Department’s Table of Denial Orders or any other U.S. Government list of prohibited or restricted parties. If You download or use the Website or the Content, You represent and warrant that You are not located in, or under the control of, or a national or resident of any such country or on any such list.

Access, browsing and use of the Website, the Content and this Agreement, and all matters or issues collateral thereto are all governed by United States federal law and/or the laws of the State of New York, without regard to any conflict of laws provisions that would refer to and/or apply the substantive laws of another jurisdiction. The Convention on International Sale of Goods shall not apply to any sale or other transaction made through the Website.

SUBJECT TO THE MANDATORY ARBITRATION PROVISION BELOW, ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE WEBSITE, THE CONTENT OR USER CONTENT SHALL BE INSTITUTED ONLY IN A STATE ORFEDERAL COURT LOCATED IN NEW YORK COUNTY, NEW YORK, USA. YOU AND PROVIDER AGREE TO SUBMIT TO THE JURISDICTION OF AND AGREE THAT VENUE IS PROPER IN THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.

Any controversy or dispute between You and Provider (the “parties”) concerning or relating to the Website, the Content, this Agreement and/or all matters or issues collateral thereto shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the Federal Arbitration Act, and arbitration shall take place according to the Commercial Rules of the American Arbitration Association. The arbitration will be held in New York, New York. Each of the parties shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages and the award may be enforced by judgment. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party’s right to compel arbitration.

No delay or omission by Provider to exercise any right occurring upon any noncompliance on Your part with respect to any of the terms of this Agreement will impair any such right or power or be construed to be a waiver thereof. Any waiver by Provider of any of the covenants, conditions or agreements to be performed by You will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or Agreement herein contained.

Provider reserves the right, at its sole discretion, to change, alter, amend or otherwise modify this Agreement from time to time. After any such modification becomes effective, Provider provide notice of such changes to You. Your continued use of the Website and the Content shall constitute Your acceptance of and agreement to such modification.

This Agreement constitute the entire agreement between You and Provider with respect to Your use of the Website and the Content and supersedes any and all prior understandings or agreements between You and Provider, whether written or oral. You acknowledge that, in providing You access to and use of the Website and the Content, Provider has relied on Your acceptance of this Agreement.

Dated: September 12, 2024.