BY ENTERING THIS SITE, YOU ACKNOWLEDGE THAT YOU ARE OF LEGAL AGE TO VIEW ADULT MATERIAL. SOME TABOO AND KINK MATERIAL MAY BE OFFENSIVE TO SOME VIEWERS. IF YOU ARE OFFENDED BY TABOO, KINK AND ADULT MATERIAL, OR ARE NOT OF LEGAL AGE TO ENTER PER YOUR COUNTRIES, STATE, OR COUNTY’S LAW, PLEASE EXIT THIS SITE IMMEDIATELY.
THIS IS AN ADULTS ONLY TABOO AND KINK SITE THAT CONTAINS ADULT MATERIAL INTENDED FOR MATURE AUDIENCES ONLY: BY ENTERING YOU CERTIFY THAT YOU ARE AN ADULT OF AT LEAST 18 YEARS OLD, 21 YEARS OLD OR, OF LEGAL AGE FOR VIEWING ADULT-ONLY CONTENT, YOU DO NOT FIND NUDE, SEXUAL, KINKY OR TABOO ADULT MATERIAL TO BE OFFENSIVE OR OBJECTIONABLE AND YOU HAVE THE LEGAL RIGHT TO POSSESS ADULT MATERIAL IN YOUR COMMUNITY.
18 USC 2257 Compliance Statement
In compliance with United States Code, Title 18, Section 2257, all models, actors, actresses and other persons that appear in any visual depiction of actual or simulated sexual conduct appearing otherwise contained at www.virahpayam.com were over the age of eighteen (18) years at the time of the creation of such depictions.
TERMS AND CONDITIONS
When you sign up for or otherwise use any service within the VirahPayam.com website (collectively, the “Site”, “Virah”, “we”, “our”, “us”, or other appropriate first-person terms as appropriate), all of which services are hereinafter referred to collectively as the “Service,” you agree to all of the Terms and Conditions of this Agreement. Please read the following Terms and Conditions carefully, as they form the agreement between you, as the Site user (referred to in this Agreement as “User” “you” “your” or other appropriate second-person terms) and the Site (such agreement is referred to herein as the “Agreement”). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE, AND SHOULD NOT PROCEED TO REGISTER OR OTHERWISE USE THE SERVICE. BY USING THE SERVICE, YOU ARE DEMONSTRATING YOUR WILLINGNESS TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY AMENDMENTS WE MAY MAKE FROM TIME TO TIME.
The following Terms and Conditions govern your use of and access to the website VirahPayam.com (“Site”)
IMPORTANT! These Terms and Conditions also govern your membership to VirahPayam.com, if you become a member. By accessing or using any material from any of VirahPayam.com, or becoming a member, you agree to be bound by these Terms and Conditions. These Terms and Conditions are subject to change by the Site at any time in its sole discretion. Your use of this Site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. If you do not agree to be bound by these Terms and Conditions, you may not enter the Site, you must exit the Site immediately, and you may not use or access any of the Site or print or download any materials from it. You may use and access the Site only in accordance with these Terms and Conditions. Please consult these Terms and Conditions regularly and read them carefully before using the Site. You affirm that you have read this Agreement and understand, agree, and consent to its Terms and Conditions.
You are solely responsible for obtaining access to the Site and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Site.
I. Adult Entertainment
VirahPayam.com offers online entertainment services that may be deemed adult in nature and which may contain graphic depictions, nudity, adult language, and descriptions of explicit sexual activity. You acknowledge that you are aware of the nature of the content provided by this Site, that you are not offended by content (such as: JOI, roleplay, taboo, DD//lg, Daddy, cuckold, humiliation, masturbation, naughty stories, dirty talk, force play, drowsy sex, gangbangs, Mommy/son, MILF, teen, taboo role play, furry, pet play, force play, face fucking, rough sex, angry sex, BDSM, Master/slave, rope, CBT, family role play, Daddy/daughter, uncle or step family role play, blasphemy, public sex, feet, foot jobs, toe sucking, pegging, bisexual fantasies, double penetration, bimbofication, objectification, sounding, gape, prolapse, facial abuse, age play, K9, watersports, urine, toilet, anal stretching, taboo, degradation, diaper play, ABDL, face slapping, pussy stretching, heavy spanking, savage degradation, farting, ass to mouth, ATM) and that you access the Site freely, voluntarily, and willingly.
II. Age of Majority
You represent and warrant that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher (the “Age of Majority”), and that you have the legal capacity to enter into this agreement. If you have not attained the Age of Majority, you must exit the Site immediately and may not use or access all or any part of the Site for any reason nor may you print or download any materials or purchase any materials (as defined below) from the Site. You further represent and warrant that it is legal for you to view, access, and pay for adult content of a prurient or pornographic nature in your jurisdiction. If it is not legal for you to view, access, or pay for such content in your jurisdiction, you must exit the Site immediately and may not use or access all or any part of the Site for any reason.
III. No Child Pornography
You understand that all models appearing on the Site are, and were at the time of all recorded images, at least 18 years of age, and that the Site contains no child pornography. We take a strong and definite stand against child pornography and only publish images of consenting adults, for consenting adults. If you believe that you see any images, real or simulated, depicting minors engaged in sexual activity within the Site, please contact the Site using listed contact information. Include with your report any appropriate evidence, including the URL as well as the date and time. All reports will immediately be investigated and the appropriate action will be taken. We enthusiastically cooperate with any law-enforcement agency investigating child pornography. If you suspect other outside websites are participating in unlawful activities involving minors, please report them to www.asacp.org.
IV. Protected Speech
You further acknowledge that all materials contained in the Site are protected by the First Amendment to the United States Constitution. If you are seeking obscenity or child pornography, please leave this Site immediately.
V. Trademark Information
The name of this Site and all contents are trademarks of The House of Virah. All rights are reserved. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners. “The House of Virah,” “VirahPayam, or similar labels may not be used except with express written permission from Virah Payam, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Virah.
The material and content accessible on the Site, and any other World Wide Web site owned, operated, licensed, and/or controlled by Virah (collectively, “Materials”) are the proprietary information and valuable intellectual property of Virah. Virah retains all right, title, and interest in the Materials. Accordingly, the Materials may not be copied, distributed, republished, publicly performed, altered, modified, repurposed, uploaded, posted, or transmitted in any way without the prior written consent of Virah. You may not at any time or for any reason remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of all or any portion of the Materials except as expressly provided in these Terms and Conditions violates Virah’s intellectual property rights and may result in legal action against you for damages, including, without limitation, statutory damages. Neither title nor intellectual property rights are transferred to you by virtue of your access to the Site. All content included on the Site, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations, and software is the property of Virah and is protected by United States and international copyright laws. The compilation of content on this Site is the exclusive property of Virah and is protected by United States and international copyright laws, as well as other laws and regulations.
VII. Access to Sites, License to View Materials
To access the Site or some of the resources available through it, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all information you provide be correct, current, and complete. If Virah believes the information you provide is not correct, current, or complete, Virah has the right to refuse you access to this Site and/or any of its resources, and to terminate or suspend your access at any time. Subject to these Terms and Conditions and in consideration of your becoming a member of the Site, Virah hereby grants you a limited, nonexclusive, nontransferable personal license to access the Site and the Materials contained therein. Subject to Section IX (F), provided that you are a member in good standing of the Site, you may cache the Materials onto a single device for your personal, non-commercial, internal use only. All Materials on the Sites shall be for private use only, and all other uses are strictly prohibited. You agree to prevent unauthorized access to the Site and copying of any of the Site, and/or any of the Materials contained therein. If the members-only portion of the Site is accessed by anyone other than an the holder of your account, Virah may terminate your membership to the Site. Any unauthorized use of the Site and/or any of the Materials terminates this limited license effective immediately. This license granted herein is specific to you and such license is in no way a transfer of title. Violators of this limited license may be prosecuted to the fullest extent under law.
VIII. Restrictions on Use of Site
You may only use this Site for the purposes expressly permitted by the Site. You may not use the Site or any of the Materials contained therein for any other purpose, including, without limitation, any commercial purpose or on any website, without Virah’ express prior written consent. Without the express prior written authorization of Virah, you may not: (a) duplicate the Site or any of the Materials contained therein (except as expressly provided above in Section VII); (b) create derivative works based on the Site or any of the Materials contained therein; (c) use the Site or any of the Materials contained therein for any commercial purpose, or for any public display, public performance, sale or rental or other form of distribution, whether for a fee or otherwise; (d) distribute or otherwise share the Site or any of the Materials contained therein; (e) remove any copyright, trademark, or other proprietary notices or watermarks from the Site or any of the Materials contained therein; (f) frame or utilize any framing techniques in connection with the Sites or any of the Materials contained therein; (g) use any meta-tags or any other “hidden text” using Virah name or marks; (h) “deep-link” to any page of any of the Site (including the homepage); (i) circumvent any encryption or other security tools used anywhere on the Site (including the theft of user names and passwords or using another person’s user name and password in order to gain access to any restricted area of the Site); (j) use any data mining, robots or similar data gathering and extraction tools on any or all of the Site; (k) decompile, reverse engineer, modify or disassemble any of the software aspect of the Site or Materials except and only to the extent required by applicable law; (l) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or any of your rights to access and use the Materials as granted in Section VII above; or (m) bookmark any page of the Site beyond the membership log-in screen. You agree to cooperate with Virah in causing any unauthorized use to cease immediately.
At any time, if the Site provides a service enabling users to share information or communicate with Virah or other users, you hereby agree not to publish, disseminate or submit any defamatory, offensive, or illegal material while using the Site or other services included on the Site. In the event that you submit or post any material that violates any United States or International laws, you will be solely responsible for any and all consequences, even if a claim arises after your service is terminated, and, by doing so, your actions shall constitute a material breach of this Agreement and the Site shall terminate all your rights under this Agreement. If users are allowed to share information and communicate with other users, you agree that all materials you post or submit will be accessible to other users and will not be secure or private. You understand that Virah is not and shall not be responsible for any content posted or submitted by another user. You hereby agree that you have been noticed that all communications submitted to the Site can be accessed by agents, operators, and other users, regardless of whether they are the intended recipients of the messages.
You are responsible for providing all equipment and the computer necessary to access the Sites. You may access the non-public portion of any Site only by being a member in good standing of the Site. You may become a member of the Site by completing an online registration form. Upon submission of the online registration form, Virah or its authorized agent will process the application. In connection with completing the online registration form, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member. You must promptly inform Virah of all changes, including, but not limited to, changes in your address and changes in your credit card used in connection with billing for the Site. If you provide any information that is untrue, inaccurate, not current or incomplete, or Virah or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Virah has the right to suspend or terminate your account and refuse any and all current or future use of the Site.
B. Member Account, Password and Security
As part of the registration process, you will select a unique user name and password which you must provide in order to gain access to the non-public portion of a Site. You represent and warrant that you will not disclose to any other person your unique user name and password, and that you will not provide access to the Site to anyone who would not be permitted to access the site under Section II of these Terms and Conditions or under the laws of any applicable jurisdiction. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. Virah will not release your password for security reasons. You agree to (a) immediately notify Virah of any unauthorized use of your user name and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the Site under your account until you notify Virah by email regarding such unauthorized use. Unauthorized access to the Site is illegal and a breach of this Agreement. You may obtain access to your billing records regarding charges of your use of the Site upon request as required by law. You may be first required to provide information sufficient to confirm the applicable account belongs to you.
You agree to pay all membership fees when due according to the billing terms. Virah posts the current membership fees for the Site as part of the registration process. Virah reserves the right to change the Site’s membership fees at any time, with or without prior notice to you. At the time of registration, you must select a payment method. Virah reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your account will be deemed past due if it is not paid in full by the payment due date. If your account becomes past due, you agree to pay interest on the past due amount at a monthly rate of 1.5%, or the highest amount allowed by law, whichever is lower, compounded daily, plus any additional collection costs, credits, charge backs, and attorney’s fees. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You are responsible for reimbursing Virah for all credit card charge backs, dishonored checks, and any related charges. You authorize Virah and its agents to make payments for the services provided to you through the Site by automatic check debit and credit card on your behalf. You hereby agree not to falsely report the credit card or check card lost or stolen, without good reason that it is lost or stolen, that you have used for payment of Virah goods or services, including subscriptions. Such fraudulent reporting to avoid payment for goods or services that you or anyone under your authority has made when you have an outstanding charge to Virah shall make you liable to Virah for liquidated damages equal to three (3) times the amount of the fraudulently disputed payment. This liability for liquidated damages is in addition to any other liability you may incur for breaches of any other Terms and Conditions in this Agreement.
D. Billing Errors
If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer.
E. Refund Policy
All payments, once made, are final and nonrefundable. Virah does not provide cash refunds. We may, however, grant credits in the form of free monthly memberships to resolve customer service issues at our sole and absolute discretion. The billing system used by Virah or our authorized agents provides extensive credit card fraud protection measures and our Site includes many features to protect users from accidental charges. Therefore, refunds to your credit card will be provided only under the rarest of circumstances, such as persistent technical problems originating with our equipment, at our sole and absolute discretion.
F. Download Limit
We reserve the right to restrict the amount of Materials which may be downloaded by your account at any time.
You may cancel your membership at any time by following the instructions on your account page, if any, or by providing: (a) our customer service department with a notice of your intent to cancel the membership at least 48 hours before the renewal date along with your user name and password; and (b) any outstanding fees owed for your membership. You hereby agree to be personally liable for any and all charges made by you for goods or services through your use of the Site. This Agreement’s provisions shall survive its termination, unless otherwise stated. Upon our processing of your request to cancel your membership, you will no longer have access to the non-public areas of the Site of which you were a member.
Virah may terminate your access to the Site at any time, with or without advance notice, if: (a) Virah believes that you have breached any material term of these Terms and Conditions, (b) if you fail to pay any amount due by the payment due date, (c) Virah decides to cease operations or to otherwise discontinue any of the Site, or (d) you harass, doxx, stalk, or otherwise jeopardize the privacy or safety of an employee or representative of Virah, a performer featured on the Site, or another user. Further, you agree that neither Virah nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to any of the Site. You agree that if your account is terminated by Virah, you will not attempt to re-register as a member without prior written consent from Virah.
XI. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. THE SITES AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. VIRAH MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR ANY MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES VIRAH MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU UNDERSTAND THAT VIRAH CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. NETWORK DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. VIRAH MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITES OR ANY TRANSACTION ENTERED INTO THROUGH THE SITES AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. VIRAH MAKES NO WARRANTY REGARDING THE AVAILABILITY OR UPTIME OF THE SITE, AND SHALL NOT BE LIABLE IF INTERNET OUTAGES, BANDWIDTH CONSTRAINTS, OR OTHER DISRUPTIONS OUTSIDE OF VIRAH’S CONTROL IMPACT YOUR ABILITY TO ACCESS THE SITE.
XII. Limitation of Liability
IN NO EVENT SHALL VIRAH (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, OR GOODWILL, WHICH MAY ARISE FROM ANY PERSON’S USE, MISUSE, OR INABILITY TO USE THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN, EVEN IF VIRAH HAS BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF VIRAH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL VIRAH’S MAXIMUM TOTAL AGGREGATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF THE SITE FOR A PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Virah, its officers, directors, shareholders, employees, independent contractors and agents, from and against any and all claims, actions, liabilities, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person’s authority including without limitation to use, misuse, or inability to use the Site or any of the Materials contained therein, or your breach of any of these Terms and Conditions. Virah shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. Virah may participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but is not obligated to do so.
Some web sites which are linked to the Site are owned and operated by third parties. Because Virah has no control over such sites and resources, you acknowledge and agree that Virah is not responsible for the availability of such external sites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Virah shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such site or resource. If you decide to access any such third party sites, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein.
XV. Notice of Claimed Infringement
Virah respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Virah the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on a Site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use 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 is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
XVI. Notice and Takedown Procedures
Virah reserves the right at any time to implement a “notice and takedown” procedure upon receipt of any notification of claimed infringement. Virah reserves the right at any time to disable access to, or remove any material or activity accessible on or from any Site or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent.
XVII. Export Control
You understand and acknowledge that the software elements of the Materials on the Site may be subject to regulation by agencies of the U.S. Government, including the U.S. Department of Commerce, which prohibits export or diversion of software to certain countries and third parties. Diversion of such Materials contrary to U.S. law is prohibited. You will not assist or participate in any such diversion or other violation of applicable U.S. laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable U.S. laws and regulations and that you will abide by such laws and regulations. You agree that none of the Materials is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
XVIII. Force Majeure
Virah shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software for so long as such event continues to delay Virah’s performance.
XVIII. General Provisions
A. Governing Law
These Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of the State of California, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions.
B. Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
All Disputes (including any dispute relating to the arbitrability of this Agreement or any provision of this Agreement or any other dispute relating to arbitration) must be submitted to arbitration before and in accordance with the arbitration rules of the American Arbitration Association in accordance with its commercial arbitration rules. The term “Dispute” means any controversy or claim arising out of or relating to the Site or the Services or this Agreement, or any breach thereof, including any claim that this Agreement, or any part of this Agreement is invalid, illegal or otherwise voidable or void.
The provisions of this Arbitration Section must be construed as independent of any other covenant or provision of this Agreement; provided that if a court of competent jurisdiction or arbitrator determines that any such provisions are unlawful in any way, such court or arbitrator is to modify or interpret such provisions to the minimum extent necessary to have them comply with the law. Notwithstanding any provision of this Agreement relating to under which state’s laws this Agreement is to be governed by and construed under, all issues relating to arbitrability or the enforcement of the Agreement to arbitrate contained herein are to be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and the federal common law of arbitration.
Judgment upon an arbitration award may be entered in any court having competent jurisdiction and will be binding, final and non-appealable. You hereby waive to the fullest extent permitted by law any right to or claim for any punitive or exemplary damages against Virah and agree that in the event of a dispute, you shall be limited to the recovery of any actual damages sustained by you.
This arbitration provision is self-executing and will remain in full force and effect after the expiration or termination of this Agreement. In the event either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear.
Arbitration take place in Seattle, WA. You and Virah hereby agree that no action (whether for arbitration, damages, injunctive, equitable or other relief, including rescission) will be maintained by any party to enforce any liability or obligation of the other party, whether arising from this Agreement or otherwise, or any other Dispute, unless brought before the expiration of the earlier of one year from the occurrence of the facts giving rise to such claims or within 90 days from either the actual discovery of the facts giving rise to such claims or from the date on which the party should have, in the exercise of reasonable diligence, discovered such facts, except that an action to enforce your payment obligations may be brought by Virah at any time.
The obligation to arbitrate is not binding upon Virah with respect to claims relating to its trademarks, service marks, patents, copyrights, or other intellectual property rights, or requests for temporary restraining orders, preliminary injunctions or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute between the parties.
The prevailing party will be entitled to receive from the non-prevailing party its costs relating to the arbitration proceeding including but not limited to, the arbitrator’s fees, attorneys’ fees and costs, witness fees, transcription fees, etc. and sales and use taxes thereon, if any.
You and Virah each acknowledge and agree that it is the intent of the parties that arbitration and litigation between the parties will be of the parties’ individual claims, and that none of their respective claims may be arbitrated or litigated on a class-wide basis.
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither these Terms and Conditions nor any rights granted hereunder may be sold, leased, assigned, or otherwise transferred, in whole or in part, by you.
If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
F. Attorney’s Fees
In the event of any arbitration or litigation arising out of this agreement, the prevailing party shall be entitled to attorney’s fees, including attorney’s fees incurred on appeal.
G. No Waiver
No waiver by Virah shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms and Conditions.
I. Complete Agreement
These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of any of the Site and the Materials contained therein, and your membership with the Site, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (except, to the extent applicable, any Download Agreement or similar contract governing the parties’ rights and responsibilities in connection with any specific Materials downloadable from a Site). No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of both parties.
Virah reserves the right to change any of the provisions posted herein and you agree to review these Terms and Conditions each time you visit the Site. In the event of a change to these Terms that substantially limits your rights hereunder, Virah will provide you with written notice prior to such changes taking effect. Your continued use of the Site following Virah’s posting of any changes to these Terms and Conditions constitutes your acceptance of such changes. Unless accepted by Virah in writing, these Terms and Conditions may not be amended by you.
K. Other Jurisdictions
Virah makes no representation that the Site or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Site from such locations do so on their own initiative and are solely responsible for compliance with all applicable local laws.
Collection of your Personal Information
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information (username and password) to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) signing up for special offers from selected third parties; (c) sending us an email message. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Sharing Information with Third Parties
We do not sell, rent, or lease its customer lists to third parties.
We may share data with trusted partners to help perform statistical analysis, send you email, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to us, and they are required to maintain the confidentiality of your information.
WE DO NOT SHARE EMAIL ADDRESSES OR CONTACT DATA WITH THIRD PARTIES FOR MARKETING PURPOSES, WHATSOEVER.
We may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Virah Payam; (b) protect and defend the rights or property of Virah Payam; and/or (c) act under exigent circumstances to protect the personal safety of users of the Site, or the public.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by the Site. This information can include: your IP address, browser type, domain names, access times, and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Site.
The Site may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize pages on the Site, or register with the Site or our services, a cookie helps the Site to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the Site where the cookie was previously created, the information you previously provided can be retrieved, so you can easily use the Site features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of Virah Payam services or websites you visit.
Security of your Personal Information
Virah Payam secures your personal information (username and password) from unauthorized access, use, or disclosure. The Site uses the following methods for this purpose:
– SSL Protocol
We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.
External Data Storage Sites
We may store your data (user/pass) on servers provided by third party hosting vendors with whom we have contracted.
Changes to this Statement
Effective as of January 01, 2019