Welcome and thank you for your interest in Agent MatchMaker (operated by Virtual Media Group, LLC). By creating a new account, or by otherwise using Virtual Media Group’s websites, networks, or other services provided by Virtual Media Group (collectively, the “Services”), or accessing any content provided by Virtual Media Group through the Services, you agree to be bound by the following terms of use, as updated from time to time (“Terms of Use”). Any rights not expressly granted by these Terms of Use are reserved by Virtual Media Group, LLC.
1. Virtual Media Group’s Role. VIRTUAL MEDIA GROUP DOES NOT, AND THE SERVICES ARE NOT INTENDED TO, PROVIDE REAL ESTATE ADVICE. VIRTUAL MEDIA GROUP IS NOT A REAL ESTATE BROKER. You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, Virtual Media Group may serve advertisements based on the information we collect through the Services. Please see our Privacy Policy for more details. Virtual Media Group, LLC DOES NOT: (a) act as a real estate agent for you or any other user; (b) represent you or another user in the purchase, sale, or exchange of real property, including any negotiation thereof; or (c) lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property. Virtual Media Group assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services or any other information available through or in connection with the Services and further makes no representation or guaranty as to the success of any relationship entered into through the Services. Although Virtual Media Group, LLC attempts to ensure the integrity and accurateness of the Services, it makes no guarantees whatsoever as to the correctness or accuracy of the Services. It is possible that the Services could contain inaccuracies or errors. In the event that an inaccuracy or error arises, please inform Virtual Media Group, LLC so that it can be corrected.
2. Virtual Media Group’s Brands. Virtual Media Group operates the Agent Matchmaker brand; any use of any of the Services provided by Agent Matchmaker or any associated brands is subject to these Terms of Use.
3. Eligibility; Accounts and Registration. You must be at least 18 years of age to use the Service. By agreeing to these Terms of Use, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with all applicable laws and regulations. To access some features of the Services, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as email address or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account(s) with others. For further information regarding your information please see our Privacy Policy.
4. Use of the Services; Restrictions. As long as you comply with these Terms of Use, Virtual Media Group grants you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services, for your personal use. If you are a real estate professional acting in your professional capacity, you may additionally use the Services to provide information, to the extent permitted by applicable law, to prospective clients and to take actions on behalf of such clients (“Pro Use”). If you use the Services for a Pro Use, you represent and warrant that you have obtained all required authorizations and consents necessary to do so. Except as expressly stated herein, these Terms of Use do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party web sites or otherwise. These Terms of Use also do not guaranty or represent that any Pro Use will result in a financial benefit for the real estate professional.
5. Prohibited Use. BY USING THE SERVICES, YOU AGREE NOT TO:
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reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted under these Terms of Use;
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remove or modify any copyright or other intellectual property notices that appear in the Services;
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use the Services in any way that is unlawful, or harms Virtual Media Group, its service providers, suppliers, or any other user;
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distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services;
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impersonate another person or misrepresent your affiliation with another person or entity;
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reproduce, publicly display, or otherwise make accessible on or through any other Web site, application, or service any reviews, ratings, and/or profile information about real estate, real estate professionals, underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted by Virtual Media Group for a particular portion of the Services;
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upload invalid data, viruses, worms, or other software agents to the Services;
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interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures Virtual Media Group may use to prevent or restrict access to the Services;
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conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, and any other automated activity with the purpose of obtaining information from the Services) on the Services;
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use any of Virtual Media Group’s trademarks as part of your screen name or email address on the Services; or
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attempt to, or permit or encourage any third party to, do any of the above.
6. Fees.
A. Generally. You may be required to pay fees to access certain features of the Services. All fees are in U.S. dollars and are non-refundable. If Virtual Media Group changes the fees for all or part of the Services, including by adding fees or charges, Virtual Media Group will provide you advance notice of those changes. If you do not accept the changes, Virtual Media Group may discontinue providing the applicable part of the Services to you. You authorize Virtual Media Group to charge all fees as described in these Terms of Use. If you pay any fees with a credit card, Virtual Media Group may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
B. Subscriptions. The Services may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate a Subscription Service, you authorize Virtual Media Group to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). Virtual Media Group may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies.
7. User Materials.
A. UGC Definition; License Grant. Certain portions of the Services may allow users to upload or otherwise provide to Virtual Media Group images, photos, video, data, text, listings, and other content (“User Materials”). By uploading or otherwise providing User Materials to the Services, you grant Virtual Media Group an irrevocable, perpetual, royalty-free worldwide license to: (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User Materials, in connection with the Services, or in any other media; and (ii) sublicense these rights, to the maximum extent permitted by applicable law. Virtual Media Group will not pay you for your User Materials or to exercise any rights related to your User Materials set forth in the preceding sentence. Virtual Media Group may remove or modify your User Materials at any time. You are solely responsible for all User Materials made through your user account(s) on the Services or that you otherwise make available through the Services. For all User Materials, you represent and warrant that you are the creator and owner of the User Materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize Virtual Media Group and other users to access and use your User Materials as necessary to exercise the licenses granted by you under these Terms of Use.
B. UGC Disclaimer. Virtual Media Group is under no obligation to edit or control your User Materials or the User Materials of any other User and will not be in any way be responsible or liable for any User Materials. Virtual Media Group may, however, at any time and without prior notice, screen, remove, edit, or block any User Materials on the Services, including User Materials, that in Virtual Media Group’s sole judgment, violate these Terms of Use or are otherwise objectionable. You understand that when using the Services, you may be exposed to User Materials of other users and acknowledge that User Materials may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you may have against Virtual Media Group with respect to User Materials. Virtual Media Group expressly disclaims any and all liability in connection with User Materials. If notified by a user or content owner that User Materials allegedly do not conform with these Terms of Use, Virtual Media Group may investigate the allegation and determine in Virtual Media Group’s sole discretion whether to remove the User Materials, which Virtual Media Group reserves the right to do at any time and without notice.
8. 3rd Party/Linked Services/Sent information. The Services may include links to third-party products, services and Web sites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your User Materials or your personal information (collectively, your “User Information”) to third parties not under Virtual Media Group’s control (each, a “Third-Party Provider”). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third-party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. Virtual Media Group does not endorse, and takes no responsibility for such products, services, Web sites, and materials, or a Third-Party Provider’s use of your User Information. Virtual Media Group is not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
9. Intellectual Property. The Services are owned and operated by Virtual Media Group. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Services (“Virtual Media Group Materials”) provided by Virtual Media Group are protected by intellectual property and other laws and are the property of Virtual Media Group or Virtual Media Group’s third-party licensors. Except as expressly allowed by these Terms of Use, you may not make use of the Virtual Media Group Materials, and Virtual Media Group reserves all rights to the Virtual Media Group Materials and Services not granted expressly in these Terms of Use.
10. Feedback. If you choose to provide input and suggestions regarding the Services, including related to any Virtual Media Group Materials (“Feedback”), then you hereby grant Virtual Media Group an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including improving the Services or creating other products and services.
11. DMCA; Claims of Copyright Infringement. Virtual Media Group respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Virtual Media Group in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
A. Identification of the copyrighted work that you claim has been infringed;
B. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services;
C. Your address, telephone number, and, if available, e-mail address; and
D. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
By mail:
Virtual Media Group, LLC.
590 Centerville Road, #252
Lancaster, PA 17601
Attention: Copyright Agent
By e-mail:
If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
12. Termination/Changes to Agreement. Except as stated in separate product-specific agreements, you may terminate your account at any time by contacting info@fllmag.com. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services. If you violate any provision of these Terms of Use, your permission from Virtual Media Group to use the Services will terminate automatically. In addition, Virtual Media Group may in its sole discretion terminate your account on the Services or suspend or terminate your access to the Services at any time for any reason, with or without notice. Virtual Media Group may alter, suspend or discontinue the Services or any portion of the Services without notice. Virtual Media Group will not be liable whatsoever for any change to the Services or any suspension or termination of your access to or use of the Services. Virtual Media Group reserves the right to change these Terms of Use at any time in its sole discretion on a going-forward basis. We will make commercially reasonable efforts to notify you of any material changes to these Terms of Use. Your continued use of the Services after updates are effective will represent your agreement to the revised version of these Terms of Use. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use.
13. Privacy Policy/Other Terms.
A. Privacy Policy. Virtual Media Group will collect, use, store, and disclose personal information in accordance with its Privacy Policy. Please consult the Privacy Policy for more information, which is incorporated into, and made a part of, these Terms of Use.
B. Other Terms. Your use of the Services is subject to all additional guidelines, rules, and agreements applicable to the Services or certain features of the Services that we may post on, or link to, from the Services, such as rules applicable to a particular product or content available through the Services, with no limitations.
14. Indemnification. You agree to indemnify, defend, and hold harmless Virtual Media Group, its affiliates, and their respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Services including any relationship that may develop between a Realtor and user of the website based upon use of the Services; (b) your breach of these Terms of Use; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) any User Materials you upload to, or otherwise make available through, the Services; (f) your willful misconduct; and (g) any other party’s access to and/or use of the Services using your account and password. Virtual Media Group reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with Virtual Media Group’s defense of that claim.
15. No Warranties. VIRTUAL MEDIA GROUP PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIRTUAL MEDIA GROUP AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. VIRTUAL MEDIA GROUP AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY VIRTUAL MEDIA GROUP ENTITY OR THE SERVICES THAT IS NOT EXPRESSIVELY STATED IN THESE TERMS OF USE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS, INCLUDING ALL USER AND VIRTUAL MEDIA GROUP MATERIALS, AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINMENT OF MATERIALS THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THOSE MATERIALS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OR WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
16. Limitation of Liability/Exclusive Remedy. IN NO EVENT WILL VIRTUAL MEDIA GROUP OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE SERVICES OR ANY MATERIALS ON THE SERVICES, WHETHER BASED ON (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF VIRTUAL MEDIA GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIRTUAL MEDIA GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (E) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS; (F) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (G) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (H) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (I) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (J) ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (K) USER MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE AGGREGATE LIABILITY OF VIRTUAL MEDIA GROUP AND ANY OF ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (L) THE AMOUNT YOU HAVE PAID TO VIRTUAL MEDIA GROUP FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS; AND (B) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.
17. Choice of Law; Disputes. These Terms of Use are governed by the laws of the Commonwealth of Pennsylvania, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in Lancaster County, Pennsylvania for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. Virtual Media Group operates the Services from its offices in Lancaster, PA, and we make no representation that the Services are appropriate or available for use in other locations.
18. General. These Terms of Use may only be amended by a written agreement signed by authorized representatives of the parties to these Terms of Use. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. Virtual Media Group may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Services. Virtual Media Group’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use, and all expressly incorporated terms and agreements, constitute the entire agreement between you and Virtual Media Group with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Virtual Media Group with respect to the Services. The following sections of these Terms of Use shall survive any termination of these Terms of Use: 3, 5-8, 10-12, and 14-17.
19. Consent to Communications. By using the Services, you consent to receiving certain electronic communications from Virtual Media Group as further described in the Privacy Policy. Please read the Privacy Policy to learn more. You agree that any notices, agreements, disclosures, or other communications that Virtual Media Group sends to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
20. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
21. Website Filtering. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. Information related to such protections is available at (https://www.consumer.ftc.gov/features/feature-0038-onguardonline). This section 21 is not an endorsement of any particular product or service.
22. Contact Information and License Disclosures. The Services are offered by Agent Matchmaker, Inc. and its affiliates, located at 590 Centerville Road, #252, Lancaster, Pa 17601. You may contact Virtual Media Group by sending correspondence to that address or emailing info@fllmag.com.
23. Entire Agreement. These Terms of Use constitute the entire agreement between Virtual Media Group, LLC and you pertaining to the subject matter of this Agreement. In its sole discretion, Virtual Media Group, LLC may modify these Terms of Use by posting the revised version on this website and you agree that each visit by you to the website is a new transaction governed by the terms of use linked on this website at that time.
24. Unlawful and Prohibited Uses. In addition to the foregoing sections of this agreement, you warrant to Virtual Media Group, LLC that you will not use the website for any purpose that is unlawful or prohibited by these Terms of Use.
25. Effect of Acceptance. By accepting these Terms of Use you are acknowledging that you are eighteen (18) years or older and that you have read and understand the Privacy Policy and these Terms of Use and that you agree to be bound by the Privacy Agreement and these Terms of Use.