Customer Terms & Conditions
Last
update: November 1st. 2023
IMPORTANT LEGAL NOTICE
BEFORE COMPLETING YOUR TRANSACTION, PLEASE REVIEW THE FOLLOWING TERMS OF
USE
("TERMS"). THESE TERMS
GOVERN YOUR ACCESS TO AND USE OF THIS WEBSITE, AS WELL AS THE SERVICES PROVIDED THROUGH IT.
BY
USING
THIS WEBSITE, YOU ENTER INTO A BINDING CONTRACT WITH inncoon a.s.
YOU MUST BE AT LEAST 18 YEARS OF AGE OR OLDER AND HAVE REACHED THE AGE OF MAJORITY AND LEGAL
CONSENT
IN YOUR JURISDICTION TO ACCEPT AND BE BOUND BY THESE TERMS.
SERVICE DESCRIPTION
virtualbabesxr.com is a premier Video-On-Demand service that offers its Members the privilege
to
stream and download videos. virtualbabesxr.com, herein referred to as "we", “Company” or
"virtualbabesxr.com", is a service provided by inncoon a.s., located at
Fialkova 5703/26, 903 01 Senec, Slovak Republic.
Our
services encompass virtualbabesxr.com website (referred to as the "Website").
The Terms and Conditions ("Agreement"), outlines the legally binding terms governing your use
of
our
services. Whether you're a "Visitor" browsing our web pages or a "Member" who has registered
with
us, your interaction with virtualbabesxr.com is subject to this Agreement. The term "User"
in
this
Terms and Conditions refers to both Visitors and Members.
It's essential that you read, understand, and agree to this Agreement before using our
services.
If
any part of this Agreement is not acceptable to you, we kindly ask that you exit the Website
and
cease using our services. By engaging with virtualbabesxr.com, you signify your acceptance
of
these
terms.
This Agreement outlines the permitted use of our services and content, clarifies your rights,
duties,
and the limitations in place. Additionally, it highlights virtualbabesxr.com commitment to
data
protection.
For certain services, you might be required to download specific software or content, or even
agree
to supplementary terms. Unless otherwise specified, these additional terms are incorporated
into
this Agreement. If you wish to have a copy of this Agreement, please reach out to us
at support@vrporn.cash with the subject line "Terms and Conditions".
Please note, virtualbabesxr.com reserves the right to amend this Agreement periodically. Any
modifications will be effective once posted on the virtualbabesxr.com Website. If you
disagree
with
the changes, you have the option to terminate this Agreement as detailed below.
DEFINITIONS
- virtualbabesxr.com: Refers to the Video On Demand service that allows
its
Members to watch (stream) and download videos.
- Company: In these terms and conditions, the term "company" refers
to inncoon a.s.
- Terms: refers to the binding rules and guidelines users must follow
when
using our website or service.
- Services: Encompasses all offerings provided by virtualbabesxr.com,
including but not limited to the access and use of the virtualbabesxr.com website.
- Website: The online platform operated by virtualbabesxr.com where Users
can
access and use the Services.
- Agreement: The legally binding document, also known as the Terms and
Conditions, that governs the use of the virtualbabesxr.com's Services.
- Member: An individual who has registered on the Website, granting them
access to additional features and services.
- Membership: Means the access granted to a User to the Website using a
Login
for a limited period to use the Services.
- User: A collective term that refers to both Visitors and Members of the
website.
- Fees: Refer to the money you either have paid or owe to the Company for
a
Membership, using various payment options. These costs are displayed on the Portal and
are
considered part of this agreement.
- Bookmarking: Means a URL placed into a temporary file on the
subscriber's
browser so that the subscriber may return to that page at a future date without having
to
type in its username and password.
TERMS OF USE
- Acceptance of Terms of Use. These Terms of Use ("Terms") constitute a
binding agreement between you and inncoon a.s. and govern your use of
Company's virtualbabesxr.com website ("Website") and the content, products and services
offered through the Website. By accessing, viewing or using any Services, you represent
and
warrant that you are at least 18 years old and the age of majority and legal consent in
the
jurisdiction in which you live or reside, and you agree to be bound by and subject to
these
Terms. If you don't agree with these Terms, please don't use our Website or Services. If
needed, you agree to provide a signed, non-digital version of these Terms upon our
request.
- Modifications to Terms of Use and Services. WE RESERVE THE RIGHT TO
UPDATE
OR MODIFY THESE TERMS AT OUR SOLE DISCRETION, WHETHER OR NOT WE GIVE NOTICE. The date of
the
latest revision is shown at the top of this page. If you continue to use the Website or
any
Services after changes are made, it means you accept those changes. Furthermore, we may
adjust, limit, or discontinue any part of the Services at our discretion, with or
without
informing you. It's a good idea to revisit this page from time to time to stay updated
with
the latest version of these Terms.
- Non-Commercial use by Members. The Services are designed solely for
Members' personal use and must not be utilized for commercial purposes, except those
explicitly approved by virtualbabesxr.com. Unauthorized use of the Services, including
gathering usernames or emails for unsolicited communication or unauthorized website
linking,
is prohibited. Legal measures will be pursued for any violations.
- Privacy Policy. We prioritize safeguarding the personal details you
share
via our Website. All personal data you provide is governed by our Privacy Policy, which
is
an integral part of this agreement. By interacting on this Website, you agree to capture
your voice, image, or text conversations ("Recordings"). These Recordings may be used
for
purposes like fraud detection, analyzing chargebacks, and ensuring user safety, all in
line
with our Privacy Policy. KINDLY REVIEW OUR PRIVACY POLICY TO GRASP HOW WE HANDLE YOUR
DATA.
We don't intentionally gather data from individuals under 18. The most recent update to
our
Privacy Policy is marked at its beginning.
- Trademark. The Company's name, logo, the term virtualbabesxr.com, the
Portal's emblem, and all associated names, domain names, logos, service and product
designations, designs, and catchphrases, as well as the Portal's distinctive appearance,
encompassing all page headers, unique graphics, button symbols, and scripts, are the
trademarks or trade dress of the S.C. ACM SPEED GENERAL S.R.L., its partners, or its
licensors.
Without first securing written consent from the S.C. ACM SPEED GENERAL S.R.L., you are
prohibited
from using these marks, either in full or in part, in association with any product or
service not owned by the Company, in a way that might confuse customers, or in a manner
that
maligns or undermines the Company. Any utilization of these trademarks should adhere to
guidelines that the Company may occasionally provide. All other trademarks, service
marks,
trade names, logos, product and service designations, designs, and catchphrases on this
Portal belong to their respective proprietors. Mentioning any products, services,
processes,
or other details on the Portal—whether by trade name, trademark, manufacturer, supplier,
or
otherwise—doesn't imply the Company's approval, backing, recommendation, or any other
association.
- Your Additional Representations and Warranties.
Under the
threat of
perjury, you provide the following representations and warranties to us:
- Minors will not be granted access to the Services or your Account by you;
- All information in your Account is up-to-date, thorough, and correct. Should
there
be any changes (like a change in billing address, credit card details, or its
expiry), you commit to updating it swiftly to maintain its accuracy;
- You haven't, and won't, utilize the Services from locations or jurisdictions
where
it's forbidden or goes against the prevailing laws, regulations, or customs.
- All interactions with the Services adhere to, and will continue to adhere to,
all
relevant laws, regulations, and customs;
- Should you create an Account, (i) you affirm you've never faced a felony
conviction;
and (ii) there's no mandate for you to register as a sex offender with any
governmental body;
- Your relationship status is either single or you're separated from your spouse
or
partner;
- You commit not to employ automated tools like robots, spiders, or scrapers to
(i)
interact with the Services, (ii) bypass our technical safeguards, (iii) inflict
damage upon us or our associated bodies, or (iv) influence the outcome of any
event,
game, or scheme that offers Promotional Credits (as defined later).
BE ADVISED: WE DON'T PERFORM CRIMINAL CHECKS ON OUR MEMBERS OR
USERS.
- Third-Party Links and Pages; Dependence on Content and Advice.
- The Services may contain hyperlinks or banner advertisements leading to
third-party
websites, content, and/or resources ("Resources"). You acknowledge and agree
that we
do not have control over such Resources and are not responsible for their
availability. Furthermore, we do not endorse any advertisements, products, or
other
materials present or accessible from such Resources. As we cannot oversee the
actions of these Resources, we cannot be held accountable for any use of your
personal data by these third parties, nor can we assure that they will adhere to
the
same privacy and security standards as we do. Before providing any personal
information, you should review the privacy policy of any Resource you visit or
link
to. You concur that we will not be liable for any losses, damages, liabilities,
or
expenses you might incur due to your utilization of these Resources, and you
commit
to indemnifying us and absolving us of responsibility for any such usage.
- Opinions, advice, statements, offers, or other information or content made
accessible through the Services are those of their respective authors and should
not
be inherently trusted. These authors bear sole responsibility for such content.
We
neither: (i) vouch for the accuracy, completeness, or utility of any information
provided through the Services, nor (ii) adopt, endorse, or assume accountability
for
the accuracy or reliability of any opinion, advice, or statement made by any
entity
appearing within the Services. At no point will we or our affiliated
organizations
be held accountable for any loss or damage stemming from your reliance on
information or other content disseminated through the Services or conveyed by
any of
our users or members.
- Account Creation and Management. To engage with or benefit from our
Services, you'll need to set up an account with us ("Account"). Along with this, you
might
encounter extra terms specific to certain Services ("Additional Terms"). These
Additional
Terms, available on the Website or presented upon service registration, become part of
the
main Terms. Your Account is personal; don't let others use it. Ensure the information
you
provide during setup is accurate and current. Never use someone else's account and keep
your
login details confidential. Any activity under your Account is your responsibility. If
there's a security breach or any unauthorized activity, notify us immediately
at support@vrporn.cash. We aren't liable for unauthorized Account use, and you'll cover us
for
any harm from such actions. Occasionally, we might establish accounts for administrative
or
quality checks, which could be visible to the public.
- Password. Upon registering as a Member, you'll be prompted to select a
password. It's your sole responsibility to keep this password confidential. Ensure you
don't
use or access another Member's account, username, or password, and never share your
password
with others. If you believe there's been unauthorized access or use of your account,
please
inform virtualbabesxr.com promptly. All activities under your account fall under your
responsibility.
- Memberships and Payments. Our website offers diverse Membership
durations
(e.g., trial, monthly, quarterly, annually) with varying fees. We accept payments
through
methods displayed on the website before finalizing the purchase. A valid payment method
is
essential for all transactions. Users are responsible for all Membership costs,
including
relevant taxes, bank charges, and currency rate changes. Each Membership duration will
have
its fee displayed during the registration process and we will rebill based on the fee
and
frequency shown in the email receipt sent to the user. While fees can change due to laws
and
taxes, if you don't cancel within 14 days, you accept the altered fee. We reserve the
right
to modify fees for Memberships, individual scene purchases, and other services at our
discretion. We don't offer price protection or refunds if there's a price drop or
promotional offer.
- Automatic Renewal. Your Membership will persist for its duration and
auto-renew for the same length at the rate you initially agreed upon unless terminated.
To
prevent being charged for the upcoming term, users must cancel their Membership at least
48
hours before renewal. Until cancellation, you permit us to charge your payment method
for:
(i) Membership fees; (ii) all other product and service purchases; and (iii) any other
user
liabilities to us or third parties. If you decide to end your Membership, you can notify
Client Relations. For cancellation, users can send an email to: support@vrporn.cash or
directly contact Client Relations.
- Trial Period. The length of the trial Membership varies and will be
shown
during registration and in the email receipt. We'll start charging your payment method
for
monthly fees after the trial ends, and your Membership will auto-renew monthly unless
canceled before the trial concludes. We might authorize your payment method in different
ways, including charging up to one month's service upon registration. Sometimes, during
the
trial, your credit card company might adjust your card's available balance or credit
limit.
We, or our payment processor, will continue monthly billing until you cancel.
- Single Scene Acquisitions (Pay-Per-Download). The website might allow
users
to buy specific scenes individually. The cost for each scene will be transparently
displayed, and users should confirm the price before making a purchase. Every Single
Scene
Acquisition involves a one-time payment, so there won't be any recurring charges unless
a
user buys more scenes. Once purchased, users can access these individual scenes
indefinitely, irrespective of their Membership status.
- Transaction Delays. If a User's chosen Payment Method is not approved,
we
might try to process the same Payment Method based on the original conditions set by the
User, within a week from the User's initial purchase attempt. If the Payment Method gets
approved during this retry, the User will be notified via email about the successful
transaction, including their login credentials. The subsequent billing attempt will be
made
on the originally scheduled rebill date. The Company has the discretion to adjust the
rebill
or initial transaction cost to a lower amount, with a commitment to revert to the
original
rebill cost in the following billing cycle, unless the User opts out before the next
rebill.
Alternatively, inncoon a.s. can charge the original Payment Method amount to ensure
the
User's Membership purchase is successful. If a recurring payment fails, an
administrative
charge of up to $2 might be applied to keep the Membership active until the complete
Membership amount is successfully charged.
- Refund. To request a refund for any purchase or recurring payment,
please
reach out to our customer support. We don't offer refunds for partially used
Memberships. inncoon a.s. have the discretion to provide refunds or credits for Site
purchases. Granting one refund doesn't guarantee any future refunds. If a refund is
approved
by inncoon a.s., it will be returned only to the original payment method. Refunds
won't
be provided in cash, check, or any other payment form.
- Weekly Download Policy. The Website limits you to downloading no more
than
50 scenes a day. virtualbabesxr.com may change the daily download limits at any time
without
notice. virtualbabesxr.com may suspend or ban accounts that exceed this daily limit. If
your
account is banned, you will receive a prorated refund based on the time remaining on
your
Membership. virtualbabesxr.com will notify any user whose account is suspended or banned
by
email.
- Termination and Cancellation.
- User-Initiated Termination. Members can end their Membership
whenever they wish by notifying our Customer Support team. This can be done by
sending an email to: support@vrporn.cash You can also cancel the membership via
your
authorized payment provider. Members will be responsible for any charges related
to
the Membership until 48 hours after the Company's Customer Support confirms the
cancellation. It's up to the Member to ensure the Company receives the
cancellation
notice. Any cancellation notice should have the member's full name, email, and,
if
relevant, the last four digits of their payment method. WE DO NOT PROVIDE
REFUNDS OR
CREDITS FOR ANY AMOUNTS PREPAID BY YOU AND YOU WILL NOT RECEIVE ANY REFUND FOR
ANY
UNUSED DAYS OF ANY SUBSCRIPTION TERM.
- Company-Initiated Termination. We reserve the right to limit,
suspend, or end your access to our Portal for any reason, especially if we
believe
you've violated this agreement, committed fraud, failed to meet our requirements
(like age checks), acted in a way that could harm our reputation, or behaved in
a
manner considered harassment towards our employees or representatives.
Harassment
can include derogatory remarks, threats, harmful actions, offensive jokes, or
any
content that shows bias or aversion towards someone.
- Consequences of Termination. Once your access ends, all
permissions
granted by us cease. We might block your email and IP to stop further access.
Ending
your access doesn't free you from any prior commitments or reduce any potential
liabilities to us or others.
- Continuation Post-Termination. Parts of this agreement that
logically should remain in effect post-termination will do so. This includes
sections about ownership, disclaimers, and liability limits.
- Billing, Refunds, & Chargebacks
- Disputed Bills. If you think we've wrongly charged you, inform us in writing
within
30 days of the billing date. Late disputes won't be considered. Report issues
via
email to support@vrporn.cash with details. We'll adjust any errors in future
payments.
- Refunds. Once you've logged into the Portal, fees aren't refundable. Lack of use
or
access issues not caused by the Company won't warrant a refund. No partial
refunds
for any membership. If we decide to refund, it'll be credited to your original
payment method within ten days. One-time refunds don't guarantee future ones.
- Chargebacks. We thoroughly review chargebacks and may contest them. Chargebacks
might block future purchases on our Portal. Unjustified chargebacks or attempts
to
get services without proper payment breach our contract, and you'll bear the
resulting costs.
- Adult Oriented Content. Adult Content Acknowledgment. This platform is
curated exclusively for mature audiences who seek access to visual, auditory, and
descriptive content of an explicit adult nature. The content provided by the Company on
this
platform may contain explicit depictions of nudity and intimate acts. It is strictly
forbidden for individuals below the legal age in their jurisdiction or those
uncomfortable
with such content. If you don't fit these criteria, please exit the website immediately.
By
accessing the platform or purchasing a Membership, you affirm the following:
- You are 18 years or older, have attained legal age in your region, and possess
the
legal authority to agree to this.
- The details you've shared with the Company are truthful, and you'll update them
as
needed to ensure their accuracy.
- You acknowledge the explicit nature of the platform's content and are not
disturbed
by explicit visuals, descriptions, or sounds of an erotic nature.
- You are well-versed with your local laws regarding access to adult content,
including explicit portrayals of bondage, S/M, and other unique interests.
- You and the Company both have the legal right to access and distribute such
adult
content.
- You are willingly seeking this content for personal consumption.
- You aren't accessing the platform from a location where it might be deemed
illegal.
- You pledge not to share this content with minors.
- By entering the platform, you absolve its creators, owners, and providers of any
potential liabilities.
- Parental Control Advisory. As per 47 U.S.C. § 230(d), be informed that
commercial parental control tools (like software, hardware, or filters) are available to
restrict access to inappropriate content for minors. You can discover these tools online
by
searching "parental control tools" or similar phrases. If minors use your device,
consider
using these tools, which the Company mentions for reference and doesn't specifically
endorse: CYBERsitter™, Net Nanny®, CyberPatrol, ASACP.
- Zero Tolerance for Child Exploitation. The Company strictly forbids
content
involving minors. Only content featuring consenting adults is permitted. If you
encounter
any content, real or simulated, involving minors in explicit acts or that exploits
children,
please report immediately to support@vrporn.cash. Provide all relevant details, including
when
you spotted it. The Company will act swiftly on such reports and collaborate with law
enforcement agencies on matters of child exploitation.
- Content Ownership and Licensing Terms.
- All content on this Website, including text, graphics, user and visual
interfaces,
images, videos, trademarks, logos, sounds, music, artwork, software, scripts,
and
code, along with its design, structure, selection, coordination, expression,
appearance, and arrangement, is either owned by S.C. ACM SPEED GENERAL S.R.L. or/and
we
hold the appropriate licensing rights. virtualbabesxr.com and its encompassed
content are safeguarded by copyright, patent, trademark, and other intellectual
property and unfair competition laws.
- inncoon a.s. expressly disclaims ownership of any video content displayed on
the
website. Additionally, inncoon a.s. neither endorses nor takes
responsibility
for the substance, quality, or graphical representation of such videos. Any and
all
rights, obligations, liabilities, and associated legal or financial implications
connected with the video content on the website rest exclusively
with S.C. ACM SPEED GENERAL S.R.L.. Furthermore, any claims, disputes, or issues
arising
from said video content, whether related to copyright, content accuracy, or
otherwise, shall be addressed directly with S.C. ACM SPEED GENERAL S.R.L.,
exempting inncoon a.s. from any involvement or liability.
All rights, including intellectual property rights, licenses, and
obligations related to the video content displayed on the website, reside solely
with the company:
S.C. ACM SPEED GENERAL S.R.L.
Romania, 060554 Bucharest, Rușețu 2, Bl. A1-A2, Sc. B, Et. 1, Apt. 26
support@vrporn.cash.
inncoon a.s. shall not be held liable for any issues related to the
video content, whether they be legal, technical, historical, ethical, religious,
or
of any other nature, that may arise in connection with this agreement.
- We extend to you a restricted, non-exclusive, non-transferable license to engage
with the Website and its content as per these stipulations. By "engage," we
refer to
visiting the Website, utilizing its services, and viewing or downloading its
materials. The term "materials" encompasses text, software, scripts, graphics,
images, audio, videos, interactive elements, and other resources available on
this
Website.
- Your engagement with the Website should be for personal, non-commercial purposes
unless you secure our prior written approval. Without explicit written
permission,
you are prohibited from distributing, performing, displaying, selling, or
renting
any content accessed from the Website. You are also forbidden from sharing
content
on peer-to-peer networks, file-sharing platforms, or any other information
dissemination systems. Access to content should solely be through the Website's
video playback pages, any embeddable player, or other specific methods we might
specify. All interactions with the Website must adhere to relevant laws.
Non-compliance with these terms may result in modifications, restrictions, or
revocations of the license mentioned in section 20.2.
- The license provided for Website access doesn't confer ownership or entitlement
to
any content copies you might download or print. We only permit the use of such
copies under these terms. If you reproduce or print content for personal
purposes,
you must preserve all embedded copyright and proprietary notices.
- Disclaimer. virtualbabesxr.com is not responsible for inaccuracies or
errors in content posted by third parties on the Website. Furthermore,
virtualbabesxr.com is
not affiliated with the services provided by its users or any associated equipment or
programming, nor is it accountable for any copyright violations against the original
content
owners/producers featured on the site.
We are not liable for the actions of our users, whether they occur online or
offline. virtualbabesxr.com does not assume responsibility for errors, omissions,
interruptions, deletions, defects, or delays in operation or transmission, nor for
communication line failures, unauthorized access, theft, destruction, or alterations to
user
or member communications.
Technical issues, including but not limited to problems with telephone networks,
online systems, servers, computer equipment, software, email failures, or internet
traffic
congestion, that result from using any of our Services or from downloading materials
associated with the Services, are not the responsibility of virtualbabesxr.com. This
extends
to any harm or damage to users or any person's computer related to participation in the
Services.
In no event shall virtualbabesxr.com be held accountable for any damages,
including
personal injuries or fatalities, arising from the use of the Services, participation in
a virtualbabesxr.com event, content posted on the platform, or the conduct of its users,
be
it online or offline.
The Services are provided "as is," and virtualbabesxr.com explicitly renounces
any
warranties, including but not limited to fitness for a specific purpose or
non-infringement.
We do not assure any particular outcomes from using our Service.
- DMCA Notice. We make every effort to comply with the Digital Millennium
Copyright Act of 1998, as amended ("DMCA"), at all times and maintain a policy for
repeated
offenses that could lead to the termination of your right to use the Services if you
violate
such a policy. If you believe that your work has been copied, posted, or otherwise made
available through the Services in a manner that constitutes copyright infringement,
please
inform our DMCA Copyright Agent of your complaint, as outlined in the DMCA. Please refer
to
the DMCA to confirm these requirements. You must provide our DMCA Copyright Agent with
the
following information in writing, to the extent required by the DMCA: (a) an electronic
or
physical signature of the person authorized to act on behalf of the copyright owner
allegedly infringed; (b) a description of the copyrighted work that you claim has been
infringed (or, if multiple copyrighted works on a site are covered by a single
complaint, a
representative list of the allegedly infringing works on the site); (c) identification
of
the material that is claimed to be infringing and to be removed, along with information
reasonably sufficient to help us locate the material; (d) information reasonably
sufficient
to allow us to contact you, such as your address, telephone number, and email address;
(e) a
written statement by you that you have a good faith belief that the use of the material
in
the manner complained of is not authorized by the copyright owner, its agent, or the
law;
and (f) a statement by you, made under penalty of perjury, that the above information in
your notice and complaint is accurate and that you are the copyright owner or authorized
to
act on the copyright owner's behalf. Please be aware that the information in your
complaint
may be forwarded to the person who provided the allegedly infringing content. This
information must be submitted to the Subsidiary's DMCA Copyright Agent as follows:
Our designated Copyright Agent to receive DMCA Notices is:
S.C. ACM SPEED GENERAL S.R.L.
Romania, 060554 Bucharest, Rușețu 2, Bl. A1-A2, Sc. B, Et. 1, Apt. 26
Email for incoming DMCA notices: support@vrporn.cash Pursuant to Section 512(f) of
the
DMCA, any person who knowingly materially misrepresents that material or activity is
infringing may be subject to liability. If you believe that your material has been
mistakenly removed or disabled pursuant to this Section 24, you may submit a counter
notice
by notifying our DMCA Copyright Agent at the address provided above. Pursuant to Section
512(f) of the DMCA, any person who knowingly materially misrepresents that material or
activity was removed or disabled by mistake or misidentification may be subject to
liability.
- Limitation of liability. UNDER NO CIRCUMSTANCES IS virtualbabesxr.com LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SUBSEQUENT, EXEMPLARY, INCIDENTAL,
SPECIAL DAMAGES, INCLUDING DAMAGES FROM THE LOSS OF PROFITS ARISING OUT OF THE USE OF
THE
SERVICES EVEN IF virtualbabesxr.com HAS BEEN ADVISED ABOUT THE POSSIBILITY OF SUCH
DAMAGES.
NOTWITHSTANDING THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF virtualbabesxr.com TO
YOU
FOR A CASE OF ANY KIND AND REGARDLESS OF THE FORM, WILL ALWAYS BE LIMITED TO THE AMOUNT
PAID
BY YOU DURING THE MEMBERSHIP AND USE OF THE SERVICES, IF APPLICABLE.
- Indemnification. You commit to defend, indemnify, and hold harmless our
company, its parent, subsidiaries, affiliates, and their respective shareholders,
directors,
officers, employees, agents, contractors, licensors, and licensees from and against any
losses, liabilities, claims, demands, or expenses, including reasonable attorney's fees,
arising from or related to your use of the Services or any breach or violation of these
Terms by you.
- Severability. In the event that any section or clause of this Agreement
is
determined to be invalid or cannot be enforced by a court or legal authority, it won't
affect the validity or enforceability of the remaining sections or clauses. The rest of
the
Agreement will remain intact and in full effect. Furthermore, if a court or legal
authority
believes that a specific section or clause can be made valid or enforceable with certain
modifications, then that particular section or clause will be adjusted and applied in
its
modified form, ensuring the Agreement's overall integrity is maintained.
- Miscellaneous. Upon utilizing the website or the Services, this
Agreement
is deemed accepted and is further affirmed by your active membership. This Agreement
encapsulates the entire understanding between you and virtualbabesxr.com concerning the
use
of the Services. Any failure on virtualbabesxr.com' part to exercise a given right or to
enforce a specific provision of this Agreement should not be interpreted as a waiver of
that
right or provision. The headings used in this Agreement are for organizational purposes
only
and bear no legal or contractual significance. This Agreement is effective to the
fullest
extent permissible by law. Should any clause of this Agreement be found unlawful, void,
or
unenforceable, that clause is considered severable from this Agreement and does not
impact
the validity or enforceability of the remaining clauses. For inquiries related to this
Agreement, please reach out to us support@vrporn.cash.
- Governing Law. The laws of SLOVAK REPUBLIC, will govern these Terms,
disregarding any conflict of laws, principles or rules. Any legal action or proceeding
related to this Agreement will be exclusively held in a suitable court in Bratislava /
SLOVAK REPUBLIC.
- Arbitration.
- Procedure. If the parties cannot resolve a dispute through
mediation, they will settle any unresolved dispute arising out of or
relating to
the Website through binding arbitration administered by CPR in accordance
with
its Rules for Administered Arbitration. A single arbitrator will preside
over
the arbitration. The arbitrator, and not any federal, state, or local court
or
agency, will have exclusive authority to resolve all disputes arising out of
or
relating to the interpretation, enforceability, or formation of this
agreement,
including any claim that all or any part of this agreement is void or
voidable.
- Location. Unless the parties agree otherwise, the
arbitration
will take place in Bratislava, Slovakia.
- Fees. Each party will be responsible for paying any filing,
administrative, and arbitrator fees associated with the arbitration.
- Award. The arbitrator may grant whatever relief that would
be
available in a court at law or in equity, except that the arbitrator must
not
award punitive or exemplary damages, or damages otherwise limited or
excluded in
this agreement. In accordance with section 31.3, the arbitrator’s award will
include costs of arbitration, reasonable legal fees, and reasonable costs
for
expert and other witnesses. The arbitrator’s award will be binding on the
parties and may be entered as a judgment in any court of competent
jurisdiction.
- Confidentiality. Unless required by law, neither a party
nor an
arbitrator will disclose the existence, content, or results of any
arbitration
under this agreement without the advance written consent of both parties.
- Right to Injunctive Relief. Nothing in this section 31 will prevent
either party from seeking injunctive or other equitable relief from the courts in
Bratislava, Slovakia, for matters related to data security, intellectual property,
or
unauthorized access to the Website.
- Reimbursement of Costs. In any legal proceedings arising from this
agreement or pertaining to its subject matter, the party that successfully emerges
as
the winner will have the right to be reimbursed by the other party for all expenses
incurred during those proceedings. This includes not only legal fees and expenses
but
also any other costs. For the purposes of Section 31.3, the term "prevailing party"
refers to the party for whom a favorable judgment is issued in any given proceeding.
However, if the judgment in those proceedings favors one party on one or more claims
or
counterclaims while also favoring the other party on one or more different claims or
counterclaims, neither party will be considered the prevailing party. If any
proceedings
are voluntarily dismissed or resolved as part of a dispute settlement, neither party
will be deemed the prevailing party in those proceedings.
- Jury Trial Waiver. Both parties hereby renounce their entitlement
to a
jury trial for any conflicts arising from or associated with the Website. Either
party
can enforce this waiver up to and including the commencement of the trial on the
first
day.
- Time Limit for Initiating Claims: A party shall not initiate a
claim
related to or arising from the Website after one year has elapsed since the cause of
action occurred. Any claim brought beyond this one-year period will be deemed
invalid.
- Class Action Waiver. IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER
INDIVIDUAL
SHALL BE PERMITTED TO COMBINE OR CONSOLIDATE CLAIMS WITH OR AGAINST OTHER PARTIES OR
INDIVIDUALS, OR TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR GROUP ACTION OR IN A
PRIVATE
ATTORNEY GENERAL CAPACITY. YOU RECOGNISE THAT YOU ARE RELINQUISHING YOUR RIGHTS TO
ENGAGE IN
A GROUP OR REPRESENTATIVE ACTION PERTAINING TO ANY SUCH CLAIM.
- Electronic Communications. When you use our Services, you're agreeing
to
receive digital communications, like emails, from us and our associated entities. These
messages, which may include account notices or service-related information, are an
integral
part of our relationship and your membership. You accept that our electronic
communications
meet any legal requirements, including the need for such communications to be in
writing.
- Merger; Translations. These Terms encompass the full agreement between
both
parties and override any prior agreements, whether they're written, spoken, or implied.
If
we've given you a non-English translation of these Terms, it's for your convenience. The
English version of these Terms governs our relationship, and if there's a discrepancy
between the English version and a translation, the English version prevails.
- Force Majeure. Neither party is liable for delays or failures in
performance caused by uncontrollable events like natural disasters, terrorism, strikes,
wars, or other events beyond reasonable control.
- Construction. The headings here are just for clarity and don't
influence
the content of the Terms. Definitions apply to both singular and plural forms of terms.
Pronouns adapt to fit their context, whether masculine, feminine, or neuter.
- Notices. Unless stated otherwise, send legal notices to
inncoon a.s. inncoon a.s. by
mail or courier at the provided addresses. Notices are effective upon receipt. Email
notices
are considered delivered 24 hours post-sending unless the address is invalid. We can
also
send certified mail, which is effective once received.
- Waiver. Not enforcing a provision doesn't mean we're waiving our rights
to
it. Waiving a breach doesn't mean waiving any future breaches. Waivers are only valid if
written and signed by our authorized representative.
- Limitations of Claims. Any claim related to these Terms or the Services
must be filed within a year of its occurrence, or it's considered void.
- Non-Assignment. You can't transfer or sell your rights under these
Terms
without our written permission. We can transfer our rights and obligations anytime
without
notice.
- Agreement Binding. This Agreement applies to both parties, their
successors, and any permitted assigns.
By utilizing this website and the services provided, I confirm that I have
thoroughly
read
the
Terms
and Conditions and hereby express my full agreement with them.