Terms and Conditions

These Terms and Conditions (the "Terms") form a binding legal agreement between you and VidStranger (the "Service", "we", "us", "our"). By ticking the acceptance box, clicking any button that begins a chat, or otherwise accessing or using the Service, you represent that you have read, understood, and irrevocably agree to be bound by these Terms and by the Privacy Policy, which is incorporated here by reference.

If you do not agree with any part of these Terms, you must not access or use the Service. Acceptance is mandatory: there is no functionality available on the Service to any person who has not accepted these Terms. Your acceptance is recorded together with a timestamp, the version of the Terms displayed to you, your IP address, and your browser user agent, and that record constitutes conclusive evidence of your agreement.

The Service is strictly limited to persons who are at least eighteen (18) years of age, or the age of legal majority in their jurisdiction if higher. By accepting these Terms you represent and warrant that you meet this requirement, that you have full legal capacity to enter into this agreement, and that you are not barred from using the Service under the laws of any applicable jurisdiction.

We reserve the absolute right, without notice and without liability, to terminate any session and to permanently block any user we believe in our sole discretion to be underage, to be impersonating another person, or to be acting on behalf of a person who is barred from using the Service.

YOU EXPRESSLY CONSENT TO BEING RECORDED. All activity on the Service is recorded. This includes, without limitation: (a) every text message you send or receive, together with timestamps and the nickname you supply; (b) every file you upload, transmit, or download; (c) the audio captured by your microphone during a call; and (d) the video captured by your camera during a call.

Recordings are captured in your browser from the media streams you make available to the Service and are transmitted to and stored on our infrastructure. Recording begins automatically when a session begins and continues until the session ends. Disabling your camera or microphone does not stop the recording of the remaining streams or of text messages.

You acknowledge and agree that you have no expectation of privacy whatsoever in any content transmitted through the Service, that the Service is not a confidential or private communications channel, and that any information you disclose may be reviewed by our personnel. Do not transmit passwords, financial data, government identifiers, health information, trade secrets, or any other sensitive information through the Service.

You are solely responsible for ensuring that your participation, and your recording of any other participant that necessarily results from your use of the Service, is lawful in your jurisdiction. Where the law of your jurisdiction requires all-party consent to recording, your acceptance of these Terms constitutes your consent, and you acknowledge that every other participant has likewise accepted these Terms and provided their own consent.

You grant us a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, transferable, and irrevocable licence to host, store, reproduce, transcode, index, analyse, review, disclose to law enforcement, and otherwise process all recordings, transcripts, files, and metadata generated by your use of the Service, for the purposes of operating, securing, moderating, and improving the Service and of complying with legal obligations.

This licence survives termination of your access to the Service for as long as we retain the relevant records. You waive any moral rights, rights of publicity, or similar rights in the recorded content to the maximum extent permitted by applicable law.

You must not, and must not attempt to, use the Service to: engage in or display nudity, sexual activity, or sexually suggestive conduct; harass, threaten, stalk, defame, or intimidate any person; display or transmit content that is unlawful, hateful, violent, or that promotes self-harm, terrorism, or extremism; exploit, endanger, or solicit a minor in any way; solicit money, credentials, or personal information; advertise, spam, or promote goods or services; impersonate any person or entity; transmit malware or any harmful code; infringe any intellectual property or privacy right; circumvent bans, filters, rate limits, or security measures; scrape, crawl, or automate access to the Service; reverse engineer or interfere with the operation of the Service; or violate any applicable law or regulation.

Any violation may result in immediate and permanent termination of access, preservation and disclosure of your recordings to law enforcement, and any other remedy available to us at law or in equity.

We may, but are under no obligation to, monitor, review, moderate, restrict, or remove any content or session at any time, with or without notice, in our sole discretion. We may suspend or terminate your access to the Service at any time, for any reason or no reason, without liability to you.

We do not pre-screen participants. You are matched with strangers at random and you interact with them entirely at your own risk. We make no representation as to the identity, age, intentions, or conduct of any other participant.

Recordings, transcripts, and associated metadata are retained for as long as we consider necessary for operational, safety, evidentiary, and legal-compliance purposes, and may be retained indefinitely where required to respond to a legal claim, investigation, or regulatory request. Deletion requests may be submitted through the contact channel published on the Service and will be honoured where we are not otherwise required to retain the material.

Access to recordings is restricted to authorised administrators of the Service and to persons or authorities to whom we are legally required or permitted to disclose them.

The Service, including its software, design, trade marks, and all associated materials, is owned by us and protected by intellectual property laws. Except for the limited, revocable, non-transferable licence to access the Service for personal, non-commercial use granted by these Terms, no rights are granted to you.

If you believe content available through the Service infringes your copyright, send a written notice to our designated agent through the contact channel published on the Service, including: identification of the copyrighted work; identification of the allegedly infringing material and its location; your contact details; a statement of good-faith belief that the use is unauthorised; a statement that the information is accurate and, under penalty of perjury, that you are authorised to act; and your physical or electronic signature. We will respond to valid notices and may terminate repeat infringers.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT RECORDINGS WILL BE COMPLETE OR RECOVERABLE, OR THAT ANY DEFECT WILL BE CORRECTED. YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR REPUTATION, OR FOR ANY DAMAGES ARISING FROM THE CONDUCT OF ANY OTHER USER, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS (CAD $100) OR THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.

You agree to defend, indemnify, and hold harmless us and our affiliates, officers, directors, employees, and agents from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your content, your violation of these Terms, or your violation of any right of a third party or of any applicable law.

Any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration on an individual basis, administered under the rules of a recognised arbitral institution in the seat identified in Section 14, before a single arbitrator, in English. Judgment on the award may be entered in any court of competent jurisdiction.

YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any form of representative action. Nothing in this section prevents either party from seeking injunctive relief in a court of competent jurisdiction to protect intellectual property or confidential information.

Where mandatory local law makes arbitration or the class-action waiver unenforceable for a particular user, this section does not apply to that user to the extent of the conflict, and the courts identified in Section 14 have exclusive jurisdiction instead.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. Subject to Section 13, the courts located in Toronto, Ontario have exclusive jurisdiction, and the seat of any arbitration is Toronto, Ontario.

We may modify these Terms at any time by publishing an updated version with a new version identifier. Where the change is material you will be required to accept the updated Terms before your next session. Your continued use of the Service after a change takes effect constitutes acceptance of the updated Terms.

If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms; we may assign them freely. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior understandings.