Customer Terms & Conditions

Last update: September 1st. 2024

kinkvr.com is a premier Video-On-Demand service that offers its Members the privilege to stream and download videos. kinkvr.com, herein referred to as "we", “Company” or "kinkvr.com", is a service provided by inncoon a.s., located at Fialkova 5703/26, 903 01 Senec, Slovak Republic. Our services encompass kinkvr.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 kinkvr.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 kinkvr.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 kinkvr.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 [email protected] with the subject line "Terms and Conditions".

Please note, kinkvr.com reserves the right to amend this Agreement periodically. Any modifications will be effective once posted on the kinkvr.com Website. If you disagree with the changes, you have the option to terminate this Agreement as detailed below.

• kinkvr.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 kinkvr.com, including but not limited to the access and use of the kinkvr.com website.
• Website: The online platform operated by kinkvr.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 kinkvr.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 Cybernet Entertainment LLC (“Cybernet” or “CELLC”) 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.

1. 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 kinkvr.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.
2. 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.
3. 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 kinkvr.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.
4. 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.
5. Trademark. The Company's name, logo, the term kinkvr.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 Cybernet, its partners, or its licensors. Without first securing written consent from the Cybernet, 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 Cybernet's approval, backing, recommendation, or any other association.

6. Your Additional Representations and Warranties.
   
   Under the threat of perjury, you provide the following representations and warranties to us:
   
   
   1. Minors will not be granted access to the Services or your Account by you;
   2. 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;
   3. 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.
   4. All interactions with the Services adhere to, and will continue to adhere to, all relevant laws, regulations, and customs;
   5. 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;
   6. Your relationship status is either single or you're separated from your spouse or partner;
   7. 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.

7. Third-Party Links and Pages; Dependence on Content and Advice.
   1. 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.
   2. 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.
8. 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 [email protected]. 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.
9. 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 kinkvr.com promptly. All activities under your account fall under your responsibility.
10. 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. Billing questions can be directed to [email protected]. Your membership will show on your statement as CELLC.

11. 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 [email protected].
12. 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 CyberNet’s payment processor, will continue monthly billing until you cancel.
13. Transaction Delays. If a User's chosen Payment Method is not approved, CyberNet 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. CyberNet 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, CyberNet 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.
14. Refund Policy Refunds for purchases or recurring charges may be requested by contacting customer support at [email protected]. Refunds or credits may not be issued for partially used Memberships. Cancellation for all future recurring billing may be requested. Cybernet reserves the right to grant a refund or a credit applicable to purchases at its discretion. The decision to refund a charge does not imply the obligation to issue additional future refunds. Should a refund be issued by Cybernet for any reason, it will be credited solely to the payment method used in the original transaction. Cybernet will not issue refunds by cash, check, or to another payment mechanism.

16. Termination and Cancellation.
    1. 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: [email protected]. 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 Cybernet’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.
    2. 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.
    3. 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.
    4. 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.
17. Billing, Refunds, & Chargebacks
    1. 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 [email protected] with details. We'll adjust any errors in future payments.
    2. 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.
    3. 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.
18. 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:
    1. You are 18 years or older, have attained legal age in your region, and possess the legal authority to agree to this.
    2. The details you've shared with the Company are truthful, and you'll update them as needed to ensure their accuracy.
    3. You acknowledge the explicit nature of the platform's content and are not disturbed by explicit visuals, descriptions, or sounds of an erotic nature.
    4. You are well-versed with your local laws regarding access to adult content, including explicit portrayals of bondage, S/M, and other unique interests.
    5. You and the Company both have the legal right to access and distribute such adult content.
    6. You are willingly seeking this content for personal consumption.
    7. You aren't accessing the platform from a location where it might be deemed illegal.
    8. You pledge not to share this content with minors.
    9. By entering the platform, you absolve its creators, owners, and providers of any potential liabilities.

20. 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.
21. 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 [email protected]. 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.

22. Content Ownership and Licensing Terms.
    1. 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 Cybernet or/and we hold the appropriate licensing rights. kinkvr.com and its encompassed content are safeguarded by copyright, patent, trademark, and other intellectual property and unfair competition laws.
    2. 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 Cybernet Entertainment LLC. Furthermore, any claims, disputes, or issues arising from said video content, whether related to copyright, content accuracy, or otherwise, shall be addressed directly with Cybernet Entertainment LLC, 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:
       
       Cybernet Entertainment LLC
       220 6th Street, San Francisco, CA, 94103, USA
       [email protected].
       
       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.
    3. 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.
    4. 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.
    5. 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.
23. Disclaimer. kinkvr.com is not responsible for inaccuracies or errors in content posted by third parties on the Website. Furthermore, kinkvr.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. kinkvr.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 kinkvr.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 kinkvr.com be held accountable for any damages, including personal injuries or fatalities, arising from the use of the Services, participation in a kinkvr.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 kinkvr.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.
24. 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:
    
    P. Acworth 220 6th Street, Apt. 27 San Francisco, CA 94103
    
    Email for incoming DMCA notices: [email protected]
    
    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.
25. Limitation of liability. UNDER NO CIRCUMSTANCES IS kinkvr.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 kinkvr.com HAS BEEN ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF kinkvr.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.

26. 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.
27. 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.
28. 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 kinkvr.com concerning the use of the Services. Any failure on kinkvr.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 [email protected].
29. 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.

1. Arbitration.
   1. 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.
   2. Location. Unless the parties agree otherwise, the arbitration will take place in Bratislava, Slovakia.
   3. Fees. Each party will be responsible for paying any filing, administrative, and arbitrator fees associated with the arbitration.
   4. 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.
   5. 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.
2. 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.
3. 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.
4. 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.
5. 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.

31. 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.
32. 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.
33. 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.
34. 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.

35. 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.
36. 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.
37. 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.
38. 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.
39. 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.
40. Agreement Binding. This Agreement applies to both parties, their successors, and any permitted assigns.