Effective as of: March 1, 2012
Welcome to Viratech.co, ("we", "us", "our" and "Viratech") a social networking service where friends share their lives and explore great entertainment. Viratech Network consists of the Viratech Website, co-branded websites (including sub-domains) Viratech Mobile and including versions of the website that may exist on other domains. The services offered by Viratech include e-mail, instant messaging, Viratech application developer service and any other features, tools, applications, materials, or other services offered by Viratech in connection with its business, however accessed, are referred to collectively as the "Viratech Services or Services".
Your Viratech Profile may be deleted without warning if we have reason to believe that you do not meet any of the eligibility requirements.
When you sign up to become a Viratech member, you will also be asked to choose a password. You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the Site. Here are some commitments you make to us relating to registering and maintaining the security of your Viratech account. By way of example and not as a limitation, you agree to:
We endeavor to use reasonable security measures to protect against unauthorized access to your account and to any User Content you designate as unlisted, hidden or password-protected. We cannot, however, guarantee absolute security of your account, your User Content or the personal information we collect, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing the Site or its contents. You agree to immediately notify Viratech of any unauthorized use of your account or password, or any other breach of security, and to accept all risks of unauthorized access to the Registration Data and any other information you provide to Viratech.
Further, we may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
You may post a link to your website in your signature, as long as it does not link to any inappropriate material. You may also have a signature image linked from another website as long as they are within the following guidelines;
You acknowledge that Viratech reserves the right to charge for any portion of the Viratech Services and to change its fees (if any) from time to time in its discretion. If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Membership”), you agree to Viratech to pay the applicable fees for the Premium Membership (including, without limitation, periodic fees for Premium accounts) as they become due and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you may cancel your subscription.
All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. All Premium features expire immediately upon cancellation of your Premium account or Viratech account. If Viratech terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any). You also acknowledge that Viratech’s Premium Membership are subject to this Agreement and any additional terms related to the provision of the Premium Membership.
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
Although Viratech is a private company, we aspire to respect constitutionally guaranteed rights of expression of people in the countries they reside. The following are examples of the kind of activities that are illegal or prohibited on the Viratech Website and through your use of the Viratech Services. Viratech reserves the right to investigate and take appropriate legal action against anyone who, in Viratech's sole discretion, violates these provisions, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
If you feel that you or another member is being harassed, threatened or any other form of abuse, please report it immediately to: email@example.com
Further, Viratech reserves the right to investigate and take appropriate legal action against anyone who, in Viratech's sole discretion, violates this provision, including, without limitation, removing the offending Content from the Viratech Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities.
If there is a dispute between Members or between Members and any third party, you understand and agree that Viratech is under no obligation to become involved. In the event that you have such a dispute, you hereby release Viratech, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
You acknowledge that Viratech owns all right, title and interest in and to the Services, including without limitation, the Website, and all underlying software and technology, including without limitation all Intellectual Property Rights. Intellectual Property Rights means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
All Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Viratech, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available on Viratech or on the Web. You understand and agree that Viratech may, but is not obligated to, review, reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Viratech violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Nonetheless Viratech assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
Viratech does not claim ownership rights in Content that you make available through the Site. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Viratech an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
By posting any Content on the Services and making your Content available to others (“Third Parties”) via RSS distribution, you hereby grant Viratech and to all Third Parties an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sub-license through unlimited levels of sub-licensees) to use, copy, perform, display, create derivative works of, and distribute such Content in any and all media or distribution method (now known or later developed) throughout the world. No compensation will be paid with respect to the Content that you submit, upload, post, transmit or otherwise make available through the Services. You should only upload Content to the Services that you are comfortable sharing with others under the terms and conditions set forth herein. Other users of the Service will be able to view any Content you post to the Services, subject to your limited ability to prevent access to your Content by changing your account preferences and settings.
You represent and warrant that: (i) you own the Materials posted by you on or through the Viratech Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the Viratech Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the Viratech Service.
You may remove your User Content from the Viratech at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that Viratech may retain archived copies of your User Content, and also the information posted to the Web by Viratech on your behalf may be cached by websites outside of Viratech control.
We reserve the right to remove content (including links) that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable. Any account posting objectionable content or recommending objectionable websites are subject to termination. Also, we reserve the right to remove content that we determine in our sole discretion is primarily intended to promote a product or service.
We have the right (but not the obligation) to investigate or review any Content and delete (or modify) any Content that in our sole judgment violates this Agreement or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any User or any other person, or create liability for us or any User.
Content from other Users, advertisers, and other third parties is made available to you through the Viratech Services. Because we do not control such Content, you agree that we are not responsible for any such Content, including advertising and information about third party products or services. Because we do not have control over such Content, we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties. Some of the content served by Viratech may be from affiliated merchant sites. Sales that occur through these affiliated sites may generate a commission payable to Viratech.
Your interactions with other Users on the Services or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User or the advertiser. You agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User), we are under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Users.
The Viratech Services may contain links to third-party websites (“Third-Party Websites“) (a) placed by us as a service to those interested in this information; or (b) posted by other Users. We may also place links or enable interoperability to other social networking communities (“Partner Communities“) or use other means to connect the Viratech Services to such Partner Communities to give you more possibilities. You use all such links to Third-Party Websites and Partner Communities at your own risk. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website or Partner Community does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website or Partner Community. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Websites or Partner Communities, or websites linking to the Website. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website and Partner Communities, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
You may terminate your account anytime by going to "Account Settings", and choosing the "Cancel Account" option. Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account.
You understand that termination of this Agreement and your Viratech Profile may involve deletion of your Viratech Profile information from our live databases. We will not have any liability whatsoever to you for any termination of your Viratech Profile or related deletion of your information. When an account is terminated, we reserve the right to re-issue the username you had selected (for the now deleted account).
All Subscription Fees are nonrefundable, and upon termination, cancellation or discontinuation of a Subscription for any reason, you will not receive a refund for any Subscription Fees or other amounts previously charged to you, or for any unused portion of any Subscription.
Further, you agree that Viratech shall not be liable to you or any third-party for any termination of your access to the Service. You agree not to attempt to use the Service after said termination. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
7.4 Violations of Agreement and Community Standards
Please report violations of the terms of this Agreement to: firstname.lastname@example.org
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Viratech to pursue legal action to enforce these Terms, you will be liable to pay Viratech the following amounts as liquidated damages, which you accept as reasonable estimates of Viratech' damages for the specified breaches of these Terms:
You acknowledge that Content transmitted on or through the Network may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Viratech respects copyright law and expects you to do the same. Content identified as belonging to a third party can be transmitted on the Software so long as you obtain permission first and the ownership and rights are clearly indicated. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. You may not copy, reproduce, distribute, or create derivative works without being authorized to do so by the copyright holder. It is Viratech policy to terminate the accounts of repeat infringers.
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 notify Viratech Agent for notice of claims of copyright or other intellectual property infringement:
Please provide our Agent with the following information;
Once you have completed the Notice, having included all of the information set out above, please send it to:
Attn: Copyright Agent
Address: 918 East Sahara
Las Vegas, NV 89104
phone: (650) 681-0630
Under no circumstances shall Viratech be liable to any user on account of that user’s use or misuse of the Services. The Services are provided “as is,” with no warranties whatsoever. Such limitation of liability shall apply to prevent recovery of indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if Viratech has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Services, from the interruption, suspension, or termination of Services (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. You understand and agree that you use the Services at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the use of the Services.
You agree to indemnify and hold Viratech, its subsidiaries, affiliates, respective officers, agents, joint ventures, partners and employees, harmless from all damages, losses, liability, claims, or demands, including, but not limited to, reasonable attorneys' fees and costs, related to all third party claims and investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content that you post on or through the Viratech Services, and (c) any activity in which you engage on or through Viratech.
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Viratech Service. Viratech reserves the right to take any legal or technical remedies to prevent the violation of these Terms and to protect the Viratech Service, Viratech Users, and the rights and property of Viratech and its affiliates.
This Agreement is accepted upon your use of the Viratech Website or any of the Viratech Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Viratech regarding the use of the Viratech Services. The failure of Viratech to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Viratech is a trademark of legal name, i.e Inc, corp, LLC or Viratech . This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please report any form of abuse or identity theft to you or other members immediately to: email@example.com
Regarding any questions to this agreement, please send emails to: firstname.lastname@example.org
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.