This Privacy Policy applies to Visual Streams. ("Visual Streams", "we", "our" or "us") services, including but not limited to Visual Streams applications, our website info@visualstreams.online, our application currently titled "Guess The Word" (the "App") and any other product or service that we choose to apply this Privacy Policy to (collectively, the "Service"), and details how we collect, use, and disclose data about our users, including you.

BY CLICKING "I AGREE" OR SIMILAR CONFIRMATION OR BY USING THE SERVICE YOU ARE AGREEING TO THE TERMS OF THIS PRIVACY POLICY AS APPLICABLE IN YOUR JURISDICTION.

HOW WE OBTAIN YOUR DATA

The Service collects and processes personal data, which is information about you or that identifies you. We obtain your personal data directly from you or when you use the Service. Your provision of personal data to Visual Streams is governed by this Privacy Policy and our Terms of Use or End-User License Agreement then in place ("TOU"), which, if requested to do so, you must agree to in order to use the Service.

Subject to legal, contractual and technical requirements, you may choose not to provide Visual Streams with certain data or you may request the deletion of certain data, which may impact the quality of the Service provided to you.

PERSONAL DATA WE COLLECT

We collect personal data about you when you access the Service and while you use the App. On occasion, anonymous data that we collect is linked with your personal data making such data personal data as well. The following is a description of the personal data that we may collect, use and process in connection with the Service:

• your email address, if you choose to provide it when communicating with us or in order to join our mailing list
• your email address through the apps and channels, to generate and offer personalised discounts on our products;
• basic location data (city level only and only if permitted by you)
• details about your app behavior when using the App
• information about your platform or devices used to connect to the Service including but not limited to, operating system information, operations performed on the device, unique identifiers that may identify you over time and across different websites including unique device identifiers.

PROCESSING OF YOUR PERSONAL AND ANONYMOUS DATA

We process your personal data primarily for our legitimate business purposes, such as providing the Service to you, to understand your needs and the needs of our users and to improve the quality of the Service and analyze the data we collect. Specifically, these uses include but are not limited to:

• displaying and delivering the App to you through the Service
• authenticating users, maintaining and analyzing functionality of the Service, backing up data or testing and researching new features of the Service
• supporting the security of the Service, including but not limited to detecting and protecting Visual Streams and other third-parties against error, fraud, theft and other illegal activity or for contractual, legal, regulatory or audit obligations
• investigating improper or suspicious activity in the App or on the Service
• contacting you for various reasons including, but not limited to, user feedback requests or marketing purposes, if you previously consented to such contact

We may disclose your personal data to our parent companies, affiliates, subsidiaries, employees and contractors for the same purposes described above. We may also disclose your personal data to third-parties, who may be located in a foreign jurisdiction and subject to foreign laws. The situations where we disclose your personal data to third-parties include, but are not limited to:

• processing your personal data as described above as well as providing and enhancing the Service features
• providing customer support and feedback, analyzing the Service functionality and technical issues and tracking use of the Service
• providing customized, tailored and personalized advertisements to users of the Service
• responding to a request from law enforcement or a government that has asserted its lawful authority to obtain the data or where Visual Streams has reasonable grounds to believe the data could be useful in the investigation of unlawful activity, complying with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of data, complying with court rules regarding the production of records and data, defending our rights and the rights of others or providing information to our legal counsel

THIRD-PARTY SERVICES

The Privacy Policy only applies to personal data that Visual Streams collects, processes and discloses and does not apply to the collection, processing and disclosure of data by third parties, through third-party services, which may be broader than set forth in this Privacy Policy, and that may be embedded into the Service. In many cases, third-parties may collect personal information about a user's online activities over time and across different websites and services.

COOKIES AND DIGITAL TRACKING TECHNOLOGIES

The Service does not use tracking technologies, such as cookies, web beacons, java beacons and clear GIFs, to collect data about you, such as your IP address but may use third party software that does use these tracking technologies. Based on this data, third-parties may be able to resolve your identity across multiple devices, for example, by matching your IP address, in order to target you based on your online behavior. This data is collected, used and disclosed in accordance with the terms the applicable third-party privacy policies. Certain features of the Service may rely on tracking technologies and by declining to accept cookies, disabling JavaScript or by changing certain settings on your device, you may not have access to these features. You have the right to opt-out of certain cookies that are not necessary for the operations of the Service, including third-party cookies and may do so.

OBTAINING, RECTIFYING AND CONTROLLING YOUR PERSONAL DATA

You may contact Visual Streams to obtain a copy of any personal data we have collected about you, the production of which may be subject to a fee as permitted by applicable law. In addition, you may contact Visual Streams to correct inaccurate personal data or to complete incomplete personal data.

You may be able to opt-out of some or all of the ways in which your personal data is processed, or request the deletion of certain personal data, except where the personal data is necessary or vital:

• for the performance of contractual obligations, such as the TOU
• to comply with our legal obligations
• to protect your interests or those of another person
• for our legitimate interests or the legitimate interests of a third-party

and may do so by removing personal data, if the Service permits such removal, by deleting your Account or by contacting us using the contact information found below.

DATA STORAGE, RETENTION AND TRANSFERS

While Visual Streams is a Canadian company, the data you provide through the Service may be stored and processed by third parties in countries around the world. You authorize Visual Streams and third parties acting on our behalf to process your data in any country of their choosing, which may cause your data, including personal and anonymous data, to be subject to privacy protections and legal rights that may not be equivalent to those in your country.

Visual Streams complies with international personal data transfer laws in applicable jurisdictions. For European Economic Area ("EEA") residents, Visual Streams complies with Articles 44-49 of the European Union's General Data Protection Regulation (the "GDPR"). Currently, any transfers of personal data to Canada from residents of the EEA are covered by an adequacy decision as described in Article 45 of the GDPR.

Your personal data is retained until you request its deletion or until Visual Streams no longer requires such data for the purpose for which it was collected or until required to be deleted by laws applicable in your jurisdiction. Please email us at info@visualstreams.online to delete any personal data of yours we hold.

CHILDREN

Visual Streams complies with the U.S. Children's Online Privacy Protection Act and all other applicable laws and regulations concerning children and the Internet. The Service is not directed to children under the age of 13 and we do not knowingly collect personal information from children under the age of 13. If we learn that we inadvertently collected personal information from a child under the age of 13, we will delete that information as quickly as possible. If you are a parent or guardian of a child who you believe provided Visual Streams with personal information without your consent, please contact us at info@visualstreams.online.

If you are a resident of the EEA below the age of consent in your country, Visual Streams shall comply with applicable consent gathering standards required by law in your jurisdiction. If you are a parent or guardian of a child below the age of consent in your jurisdiction who you believe provided Visual Streams with personal information without your consent, please contact us at info@visualstreams.online.

DO NOT TRACK DISCLOSURE

Do Not Track ("DNT") is a web or device setting that allows users to request that receivers of personal data stop their tracking activities. When you choose to turn on the DNT setting in your browser or device or use alternative consumer choice mechanisms, your browser or device sends a special signal to websites, analytics companies, advertising networks, plug in providers and other web services you encounter to stop tracking your activity. Currently, there are no DNT technology standards, and it is possible that there may never be any DNT technology standards. As a result, we do not respond to DNT requests.

CALIFORNIA "SHINE THE LIGHT" RIGHT

If you are a California resident, California Civil Code 1798.83 grants you the right to request our disclosure of the categories of personal information we provided to third parties, and the names and addresses of these third parties, for direct marketing purposes during the preceding calendar year. information set forth below.

Please note that you may only make this request once per year.

YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident, California Civil Code Section 1798.120 permits you to opt-out of the sale of your personal information to third parties. Currently, Visual Streams does not sell your personal information to third parties and as such no opt-out of the sale of such personal information is necessary. Although Visual Streams does not sell your personal information, Visual Streams does provide a general opt-out right to all of our users as described in our Privacy Policy. Furthermore, as Visual Streams already complies with Canadian and EEA privacy laws, the rights required to be provided by law to Californian residents are provide to all our users. If you have any other questions about our privacy practices, please email us at info@visualstreams.online.

EUROPEAN USERS AND RIGHTS OF EUROPEAN ECONOMIC AREA RESIDENTS

Visual Streams has a legitimate interest, as described in Article 6(1)(f) of the GDPR, in collecting your personal data as described in section 2 of this Privacy Policy for the purposes described in detail in section 3 of this Privacy Policy. In addition, when you provide consent to contact you using your email address or when providing us your contact information by linking a third-party account or ID to our Service, Visual Streams may contact and communicate with you using this information, pursuant to Article 6(1)(a) of the GDPR. Note also that UK residents have similar rights as EEA residents and the same rights described in this section also apply to UK residents (and residents located in other jurisdictions around the world) under similarly applicable laws.

If you are a resident of the EEA, you have certain rights relating to your personal data. These rights include:

• A Right of Access. You have the right to access your personal data that we hold about you free of charge in most circumstances;
• Right to Rectification. If your personal data is inaccurate or incomplete, you can change the information you provided by changing the information yourself on the Service, through third-party services by contacting Visual Streams using the email listed below;
• A Right to Erasure. You have the right to obtain deletion of personal data concerning you in many cases. Often you can just delete your information by yourself through the App or Service, but you can also request the deletion by using the contact information found below. Please be careful as the deletion of your data in this manner is permanent and may never be restored;
• A Right to Object. If the processing of your personal data is based on legitimate interests according to Article 6(1)(f) of the GDPR, you have the right to object to this processing in most cases. If you object, we will no longer process your personal data unless there are compelling and prevailing legitimate grounds for the processing as described in Article 21 of the GDPR; in particular if the personal data is necessary for the establishment, exercise or defense of legal claims or in the case where the personal data is required for the provision of certain features of the Service and you still wish to use such features of the Service;
• A Right to file a Complaint. You have the right to file a complaint with the appropriate supervisory authority in your jurisdiction;
• A Right to Restriction of Processing of your Personal Data. You have the right to obtain restrictions on the processing of your personal data as described in Article 18 of the GDPR;
• A Right to Personal Data Portability. You have the right to receive your Personal Data in a structured, commonly used and machine-readable format and have the right to transmit such data to another controller under the conditions described in Article 20 of the GDPR. Although the personal data collected by Visual Streams is not particularly useful to other companies as the data collected largely relates to your usage of the Service, Visual Streams will comply will all requests for the portability of your personal data;
• A Right to Post-Mortem Control of Your Personal Data. If data protection legislation and related regulations in France are applicable to you, you have the right to establish guidelines for the preservation, the deletion and the transmission of your personal data after your death in accordance with Article 40-1 of the Act No. 78-17 of January 6, 1978 on Information, Technology, Data Files and Civil Liberties; and
• A Right to Opt-out of Marketing Communications. You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the "unsubscribe" or "opt-out" link on any marketing e-mails Visual Streams sends you. To opt-out of other forms of marketing, please contact us using the contact details provided below.

CHANGE OF OWNERSHIP OR BUSINESS TRANSITION

In the event of, or in preparation for, a change of ownership or control of Visual Streams or a business transition such as the sale of Visual Streams or the sale of some or all Visual Streams's assets, we may disclose and/or transfer your personal and anonymous data to third parties who will have the right to continue to collect and use such data in the manner set forth in this Privacy Policy.

SECURITY

We are committed to ensuring that your data is secure. To prevent unauthorized access, disclosure, or breach, we have put in place suitable physical, electronic, and administrative procedures to safeguard and secure the data we collect and process.

CONTACT PREFERENCES

We communicate with our users primarily through the Service itself, our online forums but we may sometimes collect the email address of some of our users in order to respond to support requests or comments. If you have provided us with your email address and would like to change the email preferences, we associate with you (for example, unsubscribing from receiving certain types of email) you may do so by clicking a link within certain types of emails that we send to you or, if no link is available, by replying with "unsubscribe" in the email title or body or by modifying your email settings within the Service. On rare occasions, some types of email are necessary for the Service and cannot be unsubscribed from if you continue to use the Service.

UPDATES

Visual Streams reserves the right, in its sole discretion, to modify the Privacy Policy at any time ("Updates") and shall make Updates available on Visual Streams's website. You are deemed to accept Updates by continuing to use the Service. Unless Visual Streams states otherwise, Updates are automatically effective 30 days after posting on Visual Streams website.

CONTACT US

If you have requests, questions or comments about the Privacy Policy or our data collection in general, please contact our Data Protection Officer at info@visualstreams.online

This Terms of Service is entered into between you and Visual Streams., its subsidiaries and affiliates and applies to Visual Streams and websites on which it is placed (collectively, the "Service").

BY CLICKING "I AGREE" OR SIMILAR OR BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF SERVICE.

1. LICENSE

1.1. License. Visual Streams exclusive, non-sublicensable, nontransferable, revocable, limited license to install and use any Visual Streams you downloaded from an authorized third party. You agree that no title or ownership interest in the Service is transferred grants you a non- or assigned to you and that the Terms of Service is not a sale of any right to the Service.

1.2. Streaming and Social Media License. Visual Streams grants you a non-sublicensable, non-transferrable, revocable, limited license to publicly display Visual Streams on online video streaming websites, such as youtube.com and twitch.com, and social media, such as tweeting a GIF ("Social Content"). Visual Streams may terminate or modify the scope of this streaming and social media license granted to you at any time without notice or compensation and will not be liable to you or any third party for any loss incurred relating thereto.

1.3. User Content License. User content includes any information that you submit, transmit or upload while using the Service and Social Content ("User Content"). By providing User Content you represent and warrant that you have all consents, licenses and rights necessary to provide and license the User Content and you grant Visual Streams an exclusive (non-exclusive in the case of Social Content), irrevocable, fully-paid, royalty free, perpetual, sub-licensable, transferrable, worldwide license to User Content under all copyright, trademark, trade secret, patent, privacy and publicity rights and any other intellectual or industrial property rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums and with any technology now known or hereafter developed and for all purposes without attribution, notice, permission or payment to you or a third party. Visual Streams reserves the right to review, edit, delete or block access to User Content without notice.

2. USE OF THE SERVICE

2.1. Account. Use of the Service may require you to register a user account with Visual Streams directly or with a third party, such as Google or Apple (each, an "Account"). Visual Streams strongly recommends that you keeping your login information confidential. You agree to be bound by any use of your Account, including charges and purchases, whether or not authorized. You represent and warrant that you are permitted to use the method of payment associated with your Account and agree to pay for charges and fees incurred by your Account, which are not refundable.

2.2. Membership. Visual Streams may offer you a VIP Service membership, granting you access to certain Service features (for example, new characters), which may not be available to non-members ("Membership"). The first three days of your Membership are free the first time you subscribe. Thereafter, Visual Streams shall automatically charge you a weekly Membership fee. Current Membership fees and additional terms are detailed at membership and are subject to change, on one or more occasions, upon renewal of your Membership. Membership fees exclude applicable taxes, duties and charges and are non-refundable. Membership fees are billed and charged automatically by Visual Streams and/or third parties authorized on its behalf on a weekly basis to the credit card (or any replacement card) you provided to Visual Streams until the date your Membership is terminated by your submission of a cancellation request to Visual Streams through the Service or termination of your access to the Service.

2.3. Personal Data. Accessing the Service may require you to provide Visual Streams with personal data, which is collected, used and disclosed in accordance with Visual Streams's Privacy Policy. You agree to provide accurate and complete personal data to Visual Streams and to update your information if it changes.

2.4. Access. Access to the Service may require hardware including but not limited to a computer or mobile device with a current operating system, web browser and an Internet connection. You agree to provide all hardware and the Internet connection required to use the Service and to pay all fees incurred by you when accessing the Service through an Internet connection.

3. LIMITATIONS ON USE OF THE SERVICES

3.1. Limitations. You agree that you will not use the Service in the following manner:

• engage in conduct that Visual Streams determines, in its sole discretion, to constitute improper use of the Service;
• decompile, disassemble or reverse engineer the Service or otherwise attempt to derive Service source code;
• except for Social Content, reproduce, rearrange, modify, translate, create derivative works from, display perform, publish or distribute the Service;
• sell, lease or remove/alter advertising in the Service;
• cheat or use, develop or distribute automation software (bots), macro software or other cheat utility software or knowingly exploit a flaw or bug in the Service;
• break, attempt or otherwise assist with the disruption of any computer used to support the Service or experience of another user;
• upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data or other similar software or programs that may damage operation of the Service or the computers of other users;
• utilize the Service or any part thereof for commercial purposes, except pursuant to the streaming license set forth in section 1.2;
• promote or encourage illegal activity including, without limitation, hacking, cracking, distribution of counterfeit software, cheats or hacks for the Service;
• use profanity, including short forms for profanities, punctuation marks used in place of profanities and colloquial versions of profanities;
• engage in abusive, defamatory, libellous, threatening or any other conduct that is objectionable or offensive;
• communicate, link to, post, submit or upload content that contains nudity or other sexual material, violence or any other objectionable or offensive conduct;
• abuse, bully, harass or publish false or misleading information about users or encourage others to do the same;
• infringe or violate the rights of a third party including but not limited to:
  • contractual rights;
  • copyright, patent, trademark or trade secret rights;
  • privacy rights;
  • publicity rights;
  • confidential information;
• collect or attempt to obtain user data, whether personal or anonymous;
• impersonate another person or an employee of Visual Streams;
• advertise products or services, as determined by Visual Streams in its sole discretion.

4. TERMINATION

4.1. Suspension and Termination. Visual Streams may suspend or terminate your access to the Service at any time for any reason including but not limited to your violation of the Terms of Service, as determined in its sole discretion. Whether a suspension will be lifted is at as determined in its sole discretion. Whether a suspension will be lifted is at the sole discretion of Visual Streams. You may terminate your access to the Service at any time by ceasing to use the Service and deleting any Visual Streams you have installed. Data collected by Visual Streams may be retained for a period of time after your access to the Service is terminated, as described further in the Privacy Policy.

4.2. Effect of Suspension or Termination. Upon suspension or termination, you acknowledge and agree that Visual Streams shall cease to provide you access to the Service and may delete data associated with your use of the Service, including purchases you have made, as further described in section 5. You are not entitled to a refund or other compensation of any kind as a result of suspension or termination, regardless of whether effected by you or Visual Streams, and Visual Streams is not liable to you or any third party for such suspension or termination and any related loss.

5. DIGITAL ITEMS, PRIZES

5.1. Digital Items. The Service may include virtual in-game currency and items (together, "Digital Items"), which may be earned by users or purchased from Visual Streams for real world money, where permitted by law. Digital Items available to you and the price of Digital Items may be altered by Visual Streams at any time, without notice. Upon acquiring Digital Items, you are granted a non-exclusive, non-sublicensable, non transferrable (except to the extent expressly permitted) right to use such Digital Items only in conjunction with the Service for which such Digital Items were acquired. Any Digital Items purchase is final and non-refundable. The determination of Digital Items to credit or debit to you shall be determined by Visual Streams in its sole discretion. All Digital Items remain the property of Visual Streams.

5.2. Prizes. Visual Streams may provide users the opportunity to receive random, Digital Item prizes, which vary in size and value. Due to the randomization of Digital Item prizes, you may not receive the Digital Item you desire. Visual Streams reserves the right to refuse to award and to revoke any prize in its sole discretion.

5.3. Resale. Digital Items may only be sold or traded for other Digital Items, as expressly permitted through features available within the Service, although Visual Streams is under no obligation to fulfill any such sale or trade of Digital Items. Digital Items cannot be resold online, outside of the Service, in the real world or traded for non-virtual (tangible) goods or services. You agree that resale or attempted resale of Digital Items in violation of this section 5.3 will result in Visual Streams terminating your access to the Service and voiding all your Digital Items.

5.4. Digital Item Backup. If you purchased Digital Items using real world money, including Digital Items acquired using in-game currency purchased using real world money, Visual Streams may backup purchased Digital Items so they may be restored in the future should you lose access. No backup is provided for Digital Items purchased or indirectly acquired without real world money or if Visual Streams terminates your access to the Service or ceases to offer the Service. The availability of Digital Item backup varies between Visual Streamss.

5.5. Forfeit or Eliminated Digital Items. If Visual Streams terminates your access to the Service or ceases to offer the Service, you agree that all Digital Items associated with your Account and use of the Service are forfeit. Further, Visual Streams shall, in its sole discretion, administer Digital Items and, in this capacity, control, modify and/or eliminate any or all Digital Items without notice, for which you are not entitled to any refund, credit redemption or any other compensation. You acknowledge and agree that there is no value to Digital Items or time you spend using the Service, for which you will not be compensated under any circumstances. Visual Streams is not responsible for repairing or replacing any Digital Items lost for any reason whatsoever including, but not limited to, suspension or termination of the Service, technical issues or as a result of a third party.

6. SOFTWARE UPDATES

On one or more occasions Visual Streams may patch, update or modify the Service (each, an "Update"), which may require you to install an Update to continue using the Service. Updates may modify the Terms of Service, gameplay mechanics or other aspects to the Service. Failing to install an Update may result in an inability to use the Service, for which you are not entitled to a refund or compensation of any kind.

7. THIRD PARTY SOFTWARE

The Service may incorporate services provided by third parties, including but not limited to third party accounts or advertisements. The Terms of Service does not grant you any license, right, title or other interest in third party services, which may require you to enter into agreements between you and a third party. It is up to you to review and determine the acceptability of any third-party agreement.

8. VISUAL STREAMS OWNERSHIP RIGHTS

All right, title and interest in and to the Service, including but not limited to copyrights, patents, trademarks, trade secrets, trade names, computer code (source and object), titles, characters, character names, catch phrases, concepts, character inventions, character likenesses, dialog, settings, storylines, themes, animation, audio-visual effects, sound effects, musical works, look and feel and methods of operation, are owned by Visual Streams. Visual Streams reserves all rights in the Service.

9. NOTICE TO EU USERS

If you are a resident of the EU, you hereby agree that by purchasing Digital Items you want such Digital Items credited to your Account immediately and, as a result, you are not entitled to withdraw from or cancel your purchase pursuant to the EU Consumer Rights Directive (2011/83/EU) and national implementations.

10. DISCLAIMER AND LIMITATION OF LIABILITY

10.1. DISCLAIMER. THE SERVICE IS PROVIDED "AS IS" AND VISUAL STREAMS DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, VISUAL STREAMS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE, WILL NOT HARM COMPUTERS OR MOBILE DEVICES OR RESULT IN LOST DATA OR BE SECURE AGAINST UNAUTHORIZED ACCESS. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY VISUAL STREAMS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR ASSIGNS, WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY UPON SUCH ADVICE OR INFORMATION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE SERVICE.

10.2. LIMITATION OF LIABILITY. VISUAL STREAMS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND ASSIGNS, SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE SERVICE OR THIRD-PARTY SOFTWARE OR SERVICES INCORPORATED INTO THE SERVICE, INCLUDING WITHOUT LIMITATION DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, EVEN IF VISUAL STREAMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, LOSS OR DAMAGE. IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY PART THEREOF, SUCH AS DIGITAL ITEMS, YOUR SOLE REMEDY IS TO STOP USING THE SERVICES.

10.3. VISUAL STREAMS'S AGGREGATE LIABILITY. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND, IF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD VISUAL STREAMS FROM LIABILITY, YOU AGREE THAT VISUAL STREAMS'S MAXIMUM AGGREGATE LIABILITY TO YOU WHATSOEVER WILL BE THE LEAST AMONG (A) THE MINIMUM PERMITTED UNDER APPLICABLE LAW; (B) THE AMOUNT YOU PAID TO VISUAL STREAMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE HARM IN QUESTION; AND (C) $100 (CAD). HOWEVER, IF YOU PAID NOTHING TO VISUAL STREAMS DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE HARM IN QUESTION, YOUR SOLE REMEDY, AND VISUAL STREAMS'S AGGREGATE LIABILITY, IS FOR YOU TO TERMINATE USE OF THE SERVICE.

11. UPDATES

11.1. Updates. Visual Streams reserves the right, in its sole discretion, to modify the Terms of Service at any time ("Updates"). You are deemed to accept any Update by continuing to use the Service. Unless Visual Streams states otherwise, Updates are automatically effective 30 days after posting.

11.2. Governing law. The Terms of Service and Privacy Policy are governed by and construed under the laws of the province of British Columbia. If a dispute arises, you agree that such dispute be resolved by courts located in Vancouver, British Columbia and hereby submit to the personal jurisdiction of such courts.

11.3. Severability. To the extent any section, clause, provision or sentence or part thereof of the Terms of Service is determined to be illegal, invalid or unenforceable by competent authority in any jurisdiction, then that portion shall be severed and the remainder of the Terms of Service given full force and effect.

11.4. No Waiver. Visual Streams's failure to assert or enforce any right contained in the Terms of Service shall not constitute a waiver of that right.

11.5. Survival. Sections 1.3, 2.3, 4.2, 5.5, 8, 10 and 11 survive termination of the Terms of Service.

11.6. Entire Agreement. The Terms of Service constitutes the entire agreement between you and Visual Streams with respect to the subject matter hereof and supersedes any prior oral or written agreements, communications, representations or undertakings provided.

11.7. Contact. You may contact Visual Streams regarding this Terms of Service by emailing info@visualstreams.online.