INTERACTIVE LIFE FORMS, LLC TERMS OF USE
Effective as aof January 1, 2020
This agreement applies to the Interactive Life Forms, LLC’s and Fleshlight Canada Distribution, ULC’s (collectively, referred to herein as “ILF,” “we” or “us”) website located at:
- www.fleshlight.com,
- www.fleshjack.com,
- www.fleshlightgirls.com,
- www.fncash.com,
- www.fleshlightdistribution.com,
- and www.fleshlight.ca
and all associated sites linked to the foregoing by ILF, its subsidiaries and affiliates, including ILF sites around the world (collectively, the “Site”). The Site is the property of ILF and its licensor.
THE TERMS OF USE SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THE SITE VIA THE INTERNET, THE WORLD WIDE WEB, MOBILE NETWORKS, OR ANY OTHER COMMUNICATION METHODS NOW KNOWN OR IN THE FUTURE DEVELOPED. IN CONSIDERATION FOR ACCESS TO AND/OR USE OF THE SITE, YOU ("YOU", “YOUR”, “USER”, OR, COLLECTIVELY, "USERS”) AGREE TO READ THE TERMS CAREFULLY BEFORE ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS, AND YOU AGREE TO BE BOUND BY THE TERMS. THE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND ILF, AND GOVERN YOUR ACCESS TO AND/OR USE OF THE SITE.
PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. IF YOU DO NOT AGREE WITH ANY OF THE TERMS, CLOSE THE SITE DOWN IMMEDIATELY AND DO NOT ACCESS OR OTHERWISE USE THE SITE OR ANY INFORMATION CONTAINED ON THE SITE OR OBTAIN ANY GOODS, SERVICES OR PRODUCTS FROM US.
BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE TO THESE TERMS & CONDITIONS. Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site.
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Definitions
- “Affiliate” means any business entity with which ILF has a business or contractual relationship, including, but not limited to, agents, partners, associates, and parent or subsidiary entities.
- “Content” means any intellectual property, data, or communications Transmitted by ILF, Users, or Third Parties via the Site including, but not limited to, articles, audio, blog postings, comments, documents, editorial content, featured site profiles, files, images, listings, logos, messages, music, photos, postings, questions and answers, ratings, recommendations, reviews, sounds, site profiles, tags, text, trademarks, or videos.
- “Customer” means a User who has purchased a product.
- “Customer Account” means a Customer who has opted to create a unique account on the Site in order to store their Customer Data and allow the Site to provide additional services.
- “Customer Data” means personally identifiable information voluntarily Transmitted by a User to the Site in order to purchase a product.
- “ILF Content” means Content generated by ILF.
- “ILF Technology” means the past, present and future intellectual property comprising the Site, including, but not limited to, all software, code processes, algorithms, user interfaces, know-‐how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of the ILF Platform and all other tangible or intangible materials related to, displayed, performed, or distributed on the Site and the Site itself, including, but not limited to, the selection, sequence, "look and feel", and arrangement of items on the Site, and all ILF trademarks, domain names, patents, and other intellectual property.
- “Transmit” or “Transmission” means uploading, submitting, posting, distributing, downloading, disseminating, receiving, or otherwise making available Content.
- “User” means an individual who accesses and/or uses the Site.
- “User Content” means reviews, comments, and other communications, photos, videos, or any other Content that Transmitted or submitted through or to the Site by Users.
- “Your Content” means any Content You Transmit via the Site.
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Age Requirement
THE SITE IS NOT INTENDED FOR CHILDREN. IF YOU ARE UNDER 18 YEARS OF AGE OR THE APPLICABLE AGE OF MAJORITY IN YOUR JURISDICTION, THEN YOU MAY NOT ACCESS OR USE THE SITE AT ANY TIME OR IN ANY MANNER. BY USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THE APPLICABLE AGE OF MAJORITY IN YOUR JURISDICTION AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE.
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Privacy
ILF respects Your privacy and is committed to protecting the personally identifiable information we collect from all Users as You access and/or use the Site via the internet, the world wide web, mobile networks, or any other communication methods now known or in the future developed. Your use of the Site is governed by the Site’s Privacy Policy, and is hereby incorporated into the Terms by reference. Please read this policy carefully for information related to ILF’s collection, use, and disclosure of Your personally identifiable information.
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Change of Terms
ILF or an Affiliate may modify, alter, or otherwise update the Terms at any time. Such modifications shall be effective immediately upon posting. You are responsible for reviewing regularly the Terms. Your continued access to and/or use of the Site constitutes Your agreement to all such modifications.
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Personal Non-Commercial Use Only
The contents of the Site are intended for the personal, noncommercial use of its users. All materials published on the Site (other than User Content) (including, but not limited to articles, comments, text, photographs, images, illustrations, product descriptions, audio, video, software, trademarks, logos and other materials found on the Site (collectively, the “ILF Content”) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by ILF or its licensors, software or other materials. ILF grants You a limited, personal, non‐exclusive, non‐transferable, freely revocable license to access and/or use ILF Content and ILF Technology that is on the Site for Your personal use. The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms of Service. As a condition of your use of this Site, you warrant to ILF that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.
You may not use the Site for any other purpose without ILF’s express prior written consent, including, without limitation, any commercial purpose. For example, You may not and may not authorize any other person or entity (“Person”) to (i) take ILF Content from the Site and reformat and display said ILF Content, or mirror and/or frame any pages of the Site or any portion thereof on any other website (whereby the Site or a portion thereof will appear on a user’s screen with a portion of another website, or with content or advertising of any Person without ILF’s prior written consent); (ii) use the Site to increase traffic to Your website for commercial reasons, such as advertising or sales; (iii) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; (iv) “scrape” the Site, or use any bot, spider, scraper, data miner, or automated agent to access and/or or use the Site or gain access to and/or use any ILF Content on the Site; or (v) Co-brand the Site or any portion thereof. “Co-branding” means the display of a name, logo, trademark, or other means of attribution or identification of any Person in such a manner reasonably likely to give a user of the website the impression that such the Person is associated or affiliated with ILF, or has the right to display, publish, transmit or distribute the Site or content accessible within the Site.
In addition, You may not and may not authorize any Person to link to any part of the Site without ILF’s prior written consent. You agree to cooperate with ILF in causing any unauthorized activity set forth above immediately to cease. You may not take any action that violates the Terms. Furthermore, You may not, under any circumstances, (a) modify the information on the Site or use it for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble the information; (c) remove any copyright, trademark registration, or other proprietary notices from the information; or (d) transfer the information to another Person. In addition, you may not use any meta tags or any other “hidden text” utilizing ILF’s or its licensor’s name or trademarks without the express prior written consent of ILF.
Examples of Unlawful or Prohibited Uses
By way of example, and not limitation to the foregoing, the following are examples of specifically prohibited uses. Whether on behalf of Yourself or on behalf of any third party, YOU MAY NOT:
- Make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices or images;
- Download, copy or transmit any Content for the benefit of any other merchant;
- Use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by ILF or generally publicly available browsers;
- Frame, mirror or use framing techniques on any part of the Site without ILF’s express prior written consent;
- Make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store or use any Content, product listings, descriptions, prices or images, except pursuant to the limited license granted by these Terms;
- Use any meta tags or any other hidden text utilizing ILF’s name or marks;
- Misrepresent the identity of a User, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement You make;
- Use a buying agent to conduct transactions on the Site;
- Conduct fraudulent activities on the Site;
- Violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for You or logging onto a server or an account that You are not authorized to access; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the ILF Site) or to the Site (impersonating another user);
- Send unsolicited or unauthorized email on behalf of ILF, including without limitation promotions and/or advertising of products or services;
- Tamper with the Site or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
- Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
- Harvest or collect personally identifiable information about other Users of the Site;
- Restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
- Use the Site to advertise or offer to sell or buy any goods or services without ILF’s express prior written consent;
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or
- Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
Illegal and/or unauthorized uses of the Site, including without limitation collecting Customer Data, or other personally identifiable information of Customers by electronic or other means, or the sending unsolicited email, unauthorized framing of or linking to the Site, or any other use not expressly permitted in the Terms will be investigated, and legal action may be taken, including, without limitation, termination of Your Customer Account, as well as civil, criminal, and injunctive redress. In addition to the above restrictions, You may not authorize, enable, or otherwise grant to any other person, organization, company, or business access to Customer or other Content posted on or through the Site for the purpose of extracting such information.
You acknowledge that if You violate this provision of the Terms, in addition to all other remedies available to ILF, we will be entitled to liquidated damages in the amount of $50,000. You agree and acknowledge that these liquidated damages are a fair and accurate estimate of ILF’s actual damages resulting from a breach of this provision and shall not be construed as penalty or punitive damages against You.
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User Submissions
ILF welcomes Your reviews, comments, and other communications, photos, videos, or any other content that You TRANSMIT or submit through or to the Site, or any content or information that You publish through any social media and expressly authorize ILF to feature ("User Content") as long as the User Content submitted by You complies with these Terms. You agree that any information, feedback, questions, comments and/or submissions to any Site (collectively, “Submissions”) will be deemed to have been provided to us on a non-confidential and non-proprietary basis, and You grant ILF a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ILF, its Affiliates and their respective sublicensees the right to use the name that You submit in connection with such content, if they choose. We will have no obligations or liability of any kind to You or any third party with respect to any Submission and shall be free to reproduce, use, disclose, distribute and/or otherwise exploit any Submission for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in any Submission for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques without Your approval or compensation to You. You waive any rights You may have in modifications or alterations to Your Submissions or in the event that Your Submission is changed in a manner not agreeable to You. In addition, You hereby waive all moral rights You may have in any materials uploaded to the Site or sent to us by You.
All messages transmitted to the Site, other than Customer Account information and Customer Data, will be readily accessible to the general public. You should not use the Site to transmit any communication which You intend only the intended recipient(s) to read. Notice is hereby given that any and all messages and videos uploaded to the Site can and may be read and/or viewed by the operators of the Site and others who have access to the Site, regardless of whether or not the operators or community are the intended recipients of such messages.
To enable ILF to use the information You supply to us through Your Submissions, and so that We are not violating any rights You might have in that information, You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any copyright, publicity and database rights You have in that information, in any media now known or developed in the future, with respect to your information. However, ILF will only use Your personal Customer Account and Customer Data information in accordance with our Privacy Policy.
If You believe that the content of any Submission provided by You, or any Content appearing on the Site, has been used on a Site in a manner that constitutes copyright infringement, please provide our Copyright Agent with a written notice (email is sufficient) in accordance with our DMCA Policy.
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ILF Content
Unless otherwise noted, all Content on the Site that is not User Content is ILF Content and is owned, controlled, or licensed by ILF and is protected by copyright, trademarks, service marks, and/or other intellectual property rights. You agree that You shall acquire no rights in ILF Content or in ILF Technology unless otherwise noted in writing by ILF. You may not copy, reproduce, frame, republish, download, upload, post, transmit, distribute, hyperlink, or exploit ILF Content for commercial use in any way without the prior written consent of ILF.
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License to Access and/or Use
ILF grants You a limited, personal, non-exclusive, non-transferable, freely revocable license to access and/or use ILF Content and ILF Technology that is on the Site for Your personal use. All other use or Transmission of ILF Content or ILF Technology is strictly prohibited. You acknowledge and agree that with exception to this limited license You have no right to modify, edit, copy, reproduce, create derivative works, or reverse engineer, alter, enhance, or in any way exploit any of the ILF Content or ILF Technology in any manner unless otherwise noted in writing by ILF. This limited license terminates automatically, without further notice to You, if You breach any of the Terms.
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Reservation of Rights.
ILF reserves all rights not expressly granted in the Terms unless otherwise noted in writing by ILF.
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Prevention of Unauthorized Use.
ILF reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Site, ILF Content, and ILF Technology, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
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License to Access and/or Use
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License Grant to ILF
By Transmitting Your Content on the Site or via ILF Technology, you thereby grant ILF a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your Content (except Customer Account and Customer Data, which will be used only as set out in our Privacy Policy) throughout the world in any media in any way and in any commercial or non-commercial medium or form without compensation.
If Your Content is removed from the Site, Your Content, Customer Account and/or Customer Data also may be deleted at the discretion of ILF. We encourage You to be sure You are comfortable with this possibility before Transmitting Your Content via the Site. You should be aware that ILF is not required and may not keep back-up copies of Your Content. Additionally, ILF makes no guarantee that Your Content will be safely stored on the Site and You should independently back-up Your Content.
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User Content Representations and Warranties
You solely are responsible for Your Content and all the consequences of Transmitting Your Content. By Transmitting Your Content, You affirm, represent, and warrant that (i) You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize ILF and other Users to use Your Content as necessary to exercise the licenses granted by You in this section and in the manner contemplated by ILF and the Terms; (ii) Your Content does not and will not slander, defame, or libel any other person; (iii) the use of Your Content as permitted herein does not and will not infringe, violate, or misappropriate any third-party right, including, without limitation, any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (iv) Your Content does not contain any viruses, adware, spyware, worms, or other malicious code; and (v) Your Content is free of any digital rights management, including, without limitation, any software designed to limit the number of times Your Content may be copied or played. Violators of the Terms may be subject to criminal and civil liability. ILF reserves all rights and remedies against any Users who violate the Terms.
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User Content Disclaimer
You understand that when using the Site You may be exposed to User Content from a variety of sources, and that ILF is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or otherwise inappropriate, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against ILF with respect thereto. ILF does not endorse any User Content and cannot vouch for its accuracy or appropriateness or any opinion, recommendation, or advice expressed therein, and ILF expressly disclaims any and all liability in connection with User Content. If notified by a User or a Content owner of User Content that allegedly does not conform to the Terms, ILF may investigate the allegation and determine in its sole discretion whether to remove the User Content, which it reserves the right to do at any time and without notice. For clarity, ILF does not permit copyright or trademark infringing activities on the Site.
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Removal of User Content
ILF may, but is under no obligation to, monitor Your conduct with respect to Your use of the Site for violations of the Terms. ILF may remove any or all of Your Content posted on or through the Site and/or terminate Your access to and/or use of the Site if ILF suspects a violation of the Terms. ILF also may suspend or terminate Your Customer Account if ILF deems it necessary in order to protect the Site, ILF, its parent, affiliates, directors, officers, agents, and employees from any form of harm.
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Digital Millennium Copyright Act Policy
ILF respects the intellectual property of others, and we ask that You, Users, Customers and other visitors to the Site do the same.
If You believe that ILF, or one of our Customers or Users, by something posted on the Site, unlawfully is infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed from Our Site(s), the following information in the form of a written notification (pursuant to 17 U.S.C. - 512(c)) must be provided to ILF’s designated Copyright Agent:
- Identification of the copyrighted work(s) that You claim to have been infringed;
- Identification of where the infringing material is located on ILF’s Site;
- A statement that You have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, You either are the owner of the copyright that allegedly has been infringed or You are authorized to act on behalf of the copyright owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
Please note that pursuant to 17 U.S.C. - 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees incurred by ILF in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for ILF is:
ILF Copyright Compliance Officer
Interactive Life Forms, LLC
7000 Burleson Road, Building C
Austin, Texas 78744
Telephone: (512) 368-3023
E-mail: ipissues@fleshlight.com. -
18 U.S.C. Section 2257 Compliance Notice
In compliance with United States Code, Title 18, Section 2257, all of the models, actors, and other persons that appear in any visual depiction of actual sexually explicit conduct appearing or otherwise contained in the following Website were over the age of eighteen years at the time of the creation of such depictions.
All other visual depictions displayed on this Website are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said visual depictions do not consist of depictions of conduct as specifically listed in 18 U.S.C section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995.
Records required to be maintained pursuant to U.S.C. Title 18, Section 2257 are kept by the following custodian of records:
Steven A. Shubin, Sr.
CEO
Interactive Life Forms, LLC
7000 Burleson Road, Building C
Austin, TX 78744 -
Access and Availability of Services and Links
The Site may contain links to other websites operated by persons or entities other than ILF. The links are provided as a resource only and the links may redirect You off of the Site to a third party website. Interactions and/or transactions that occur between You and any such third party are strictly between You and that third party and are not the responsibility of ILF. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their websites. ILF does not assume any liability or responsibility for the actions, product, availability, privacy policies or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or webmaster of the third party website. By offering links, ILF is not implying that it endorses anything contained on those third party websites or has any association with the operators of the third party websites.
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Changes to the Site
ILF may discontinue or change any Content, service, function, or feature at any time with or without notice.
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Representations and Warranties; Disclaimer of Warranties
You represent, warrant and covenant (a) that no materials of any kind submitted by You or through Your account, or ILF’s use thereof in accordance with the terms and conditions of this Agreement, will (1) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (2) contain unlawful material, or otherwise violate any applicable laws, rules or regulations; (3) constitute false or misleading indications of origin or statements of fact; (4) slander, libel or defame any person or entity; or (5) cause injury of any kind to any person or entity; and (b) that You are at least 18 years old or the applicable age of majority in your jurisdiction and possess the legal authority to enter into this Agreement.
If You wish to purchase any product or service made available through the Site including items sold by ILF (each such purchase, a "Transaction"), You may be asked to supply certain information relevant to Your Transaction including, without limitation, information about Your method of payment (such as Your payment card number and expiration date), Your billing address, and Your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, You grant to ILF the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by You or on Your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
ILF makes no representation that the Content on the Site is appropriate for access outside of the United States. Those who choose to access the Site from outside of the United States do so on their own initiative and are responsible for compliance with local laws.
ILF neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Site by any User, information provider or any other person or entity. THE SITE, THE PRODUCTS AND ANY MATERIALS PROVIDED BY ILF OR THIRD PARTIES THROUGH THE SAME ARE PROVIDED "AS IS." ILF MAKES NO, AND HEREBY DISCLAIMS ALL, WARRANTIES (EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY), CONDITIONS, GUARANTIES, OR REPRESENTATIONS, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SITE. ILF DOES NOT GUARANTEE THAT YOUR ACCESS TO OR USE OF THE SITE OR THE CONTENT AVAILABLE THEREON WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE. ILF MAY CHANGE ANY INFORMATION OR CONTENT FOUND ON THE SITE AT ANY TIME WITHOUT NOTICE, BUT MAKES NO COMMITMENT TO UPDATE ANY INFORMATION OR CONTENT FOUND ON THE SITE.
You hereby acknowledge that the use of the Site and the Content available thereon is at Your sole risk.
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Product Representations and Descriptions
Products are described and represented as accurately as possible so Users/Customers may understand the products they are viewing and purchasing. No guarantee is made regarding availability of any product or regarding color representation as color may vary due to computer monitors, software, hardware and internet connections. In the event of a typographical error, pictorial error, technical error or other inaccuracy, ILF reserves the right to make improvements, corrections or changes without notice. ILF reserve the right to change formulation or packaging at any time without notice. ILF reserves the right to change, modify or correct pricing without notice and to cancel any order with or without cause.
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Medical and Legal Disclaimer
The information, services, commentary, Content and products on the Site are not intended to replace consultation with a healthcare provider, mental health professional or lawyer. The information on the Site should not be relied upon to diagnose or treat any ailment or condition or to answer any legal question. All information, services, commentary, Content and products on the Site is for general informational purposes only. Questions or concerns should be referred to an appropriate professional in the healthcare, mental health or legal field.
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For Novelty Use Only
All products sold by ILF are for novelty use/purposes only. ILF does not incur or take any responsibility for personal usage of any product sold or obtained from the Site. Customers must read any literature included with the products sold on the Site for usage information.
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Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ILF, OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE CONTENT ON THE SITE OR ANY LINKED SITES, OR ANY OTHER INTERACTIONS WITH ILF, EVEN IF ILF OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ILF’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100.00).
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
USERS WHO ARE CALIFORNIA RESIDENTS AGREE TO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
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Indemnification
You hereby agree to indemnify, defend and hold ILF, its affiliates and their respective officers, directors, owners, agents, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all causes of action, claims, liabilities and costs incurred by the Indemnified Parties in connection with any claim arising from of (a) Your Content, and/or (b) any breach by You of this Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys’ fees. You shall cooperate as fully as reasonably required in the defense of any claim. ILF reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You shall not enter into any settlement agreement which affects the rights of ILF without ILF’s prior written approval.
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Waiver
The failure of ILF to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by duly authorized agent of ILF.
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Governing Law
The Terms have been made in and shall be construed and enforced in accordance with the laws of the State of Texas without regard to any conflict of law provisions.
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Jurisdiction, Venue and Forum
You agree that any action at law or in equity arising out of or relating to the Terms or to ILF will be filed only in the state or federal courts in and for Austin, Travis County, Texas. You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action and expressly submit to extraterritorial service of process. You agree that the state and federal courts in Austin, Travis County, Texas, constitute and are a convenient forum for You.
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Dispute Resolution
You agree first to try to resolve any controversy, claim, or dispute arising out of or relating to the Terms or the access and/or use of the Site, with the help of a mutually agreed upon mediator in Austin, Travis County, Texas. Any costs and fees other than attorneys’ fees associated with the mediation shall be shared equally by the parties. Attorneys’ fees associated with the mediation shall be paid by the respective parties for their own attorneys.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, You agree to submit the dispute to binding arbitration in Austin, Travis County, Texas. YOU AGREE TO ARBITRATE ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. YOU AND ILF AGREE THAT IN THE EVENT OF ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF, RELATING TO, OR CONNECTED IN ANY WAY WITH THE SITE, OR THE BREACH, ENFORCEMENT, INTERPRETATION, OR VALIDITY OF THESE TERMS, SUCH CLAIM, DISPUTE OR CONTROVERSY WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION, EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT AND USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION IS SUBJECT TO VERY LIMITED REVIEW BY COURTS, BUT ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD.
Such arbitration shall be conducted in accordance with the then prevailing consumer arbitration rules of the American Arbitration Association (“AAA”), and judgment on the award rendered by the arbitrator(s) may be entered in the state or federal courts in and for Austin, Travis County, Texas. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive and may be entered in any court having jurisdiction thereof as a basis of judgment and of the issuance of execution for its collection. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. The arbitrator shall be required to follow applicable law.
IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES INAPPLICABLE, THEN YOU, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.
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Attorneys’ Fees
If any litigation or arbitration is necessary to enforce the Terms the prevailing party shall be entitled to reasonable attorneys’ fees, costs, and expenses, including without limitation attorneys’ fees, costs and expenses incurred in obtaining and collecting upon the award of attorneys’ fees, costs and expenses.
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Severability
If any provision of the Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
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Assignment.
Your rights and licenses under the Terms may not be transferred or assigned by You, but may be assigned by ILF without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
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Headings.
The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
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Relationship
The Terms create no agency, partnership, joint venture, or employee-employer relationship between You and ILF unless otherwise noted in writing by ILF.
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Entire Agreement.
The Terms, the Privacy Policy and any other terms referenced in the Terms are the entire agreement between You and ILF relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms made by ILF as set forth in Section 4 of the Terms.
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Contact Information
Any comments, complaints, or requests for further information can be directed to:
Interactive Life Forms, LLC
7000 Burleson Road, Building C
Austin, TX 78744
Phone: 1.888.804.4453, from 10am to 10pm CSTcustomerservice@fleshlight.com
In accordance with California Civil Code Section 1789.3, California Residents may also direct any complaints to the Complaint Assistance Unit of the Division of Consumer Services of The California Department of Consumer Affairs at:
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
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Copyright Notice
Copyright © Interactive Life Forms, LLC. All rights reserved. All materials found on any the Site are protected by United States and international copyright laws and treaty provisions and may not be reproduced, copied, edited, published, transmitted, uploaded, distributed, publicly performed or otherwise used in any manner, except with the prior express permission of ILF. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner or form except as explicitly provided herein. Modification of the materials or use of the materials for any purpose other than those purposes explicitly permitted herein is a violation of ILF’s copyright and/or other proprietary rights. The use of any materials from the Site on any other website or networked computer environment is prohibited.
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Trademarks
FLESHLIGHT, FLESHJACK, FLESHLIGHT GIRLS, FLESHGRIP, FLESHJACK.COM, FLESHLUBE, SEX IN A CAN, FLESHWASH, LAUNCH, FLESHLIGHT LAUNCH, QUICK CONNECT, QUICKSHOT, FLESHLIGHT TURBO, TURBO, FLESHPUMP, DESIGN AND LOGO , BLADE, SWORD, FLIGHT, FREAKS!, FLESHJACK BOYS, REAL FEEL SUPER SKIN, VIBRO, FLIGHT MD, FLESHLIGHT MD, PINK LADY, FLESHSKIN, PERFORMANCE IS PLEASURE, PLEASURE IS PERFORMANCE, FLESHJIMMYS, FLESHJIMMIES and all associated logos and designs are trademarks or registered trademarks of Steve Shubin, used under license, all pending or registered in U.S. Patent and Trademark Office. You may not use our logos or trademarks as a "hot" link to any other site unless the establishment of such a link is approved by ILF in advance and in writing.
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TERMS AND CONDITIONS
FLESHLIGHT REWARDS PROGRAM
1. GENERAL
1.1. OVERVIEW
The Fleshlight rewards program (the “Program”) is a loyalty reward program offered by Interactive Life Forms, LLC (the “Company”, “us”, “our” or “we”) to certain customers of the Company. The Program is accessible through www.fleshlight.com (the “Program Website”) and any other related sites and applications referred to on the Program Website including without limitation: www.fleshlight.com/pages/loyalty-program-terms/ (the “Explainer Page”).
The Program allows persons who have completed the membership enrollment steps (each, a “Program Member” or “Member”) in accordance with the present Terms and Conditions to collect points when making purchases on items identified from time to time by the Company (“Eligible Purchases”), and to redeem these points for rewards, benefits and/or rebates offered by the Company from time to time.
Members acquire no vested right or entitlement to the continued availability of any particular reward, benefit or redemption level.
1.2. TERMS AND CONDITIONS
The terms and conditions set forth herein (the “Terms & Conditions”, and together with any terms set forth on the Program Website, the Explainer Page, the Program Website’s privacy policy and any other terms accessible through any of the foregoing, collectively the “Program Terms”) govern the Program. The Company in its sole discretion can, restrict, suspend, amend, extend or otherwise alter the Program Terms at any time and without prior notice. If the Program Terms have been updated, the Company will post the new Program Terms on the Program Website and note the date that they were last updated, and no change will be effective until such change has been posted for at least ten (10) days. We encourage Members to review the Program Terms each time they use the Program.
1.3. ACCEPTANCE
By using or enrolling in the Program, you accept and agree to be bound by these Terms and Conditions.
2. PROGRAM MEMBERSHIP
2.1. MEMBERSHIP ENROLLMENT
Membership is free and no initial purchase is required in order to become a Member. To become a valid Member, you must complete the enrolment process by providing complete and accurate information and indicating your acceptance of the Program Terms. After completion, you will receive a rewards member number (“Member Number”).
2.2. PASSWORDS AND SECURITY
In order to enroll in the Program, you will have to register and create an Account with us and provide one or more names, email addresses, login usernames and passwords (together, “ID”). You are responsible for maintaining the confidentiality of your ID. You agree not to use the ID of any third party or disclose your ID to any third party. You are responsible for any and all activity that occurs on your Account, whether or not such use and related liabilities were in any way authorized by you, and it is your responsibility to safeguard any access control mechanisms you may have related to your Account such as a password or ID. If you suspect any unauthorized use of your Account, you must notify us immediately. You agree to provide us with correct and complete Account information at all times and inform us of any changes to the information you have provided. We will keep your ID confidential. Only one Fleshlight rewards program rewards account (“Account”) is permitted per person.
2.3. SUSPENSION RIGHTS; CAPACITY
If the Company determines that a Program Member has abused any of the Program’s privileges, fails to comply with any of the Program Terms, or makes any misrepresentation to the Company the Company may, in its sole discretion, take such actions as it deems appropriate, including without limitation, suspending such Member’s privileges under the Program, revoking any or all of the points in such Program Member’s Account, and/or revoking the Program Member’s membership in the Program, in each case, with or without advance notice to the Member and without liability to the Company.
Points will not be awarded if in the Company’s reasonable opinion the merchandise purchased will be used for resale or commercial use and any points awarded on such purchases will be forfeited. If a Member was awarded points for an offer or promotion in which a Member purchased product(s) in excess of reasonable quantities, the points awarded as a result of that offer or promotion may be forfeited without prior notice and the Account may be suspended or closed.
Unless further restricted elsewhere in the Program Terms, Membership is only available to (i) individuals above the age of majority and who have legal capacity, and (ii) corporations, businesses, charities, partnerships, enterprises, schools or anyone other than an individual, provided that such entity has legal capacity and has duly authorized such Membership. If a Member does not meet the capacity requirements set out above, all points awarded to such Member may be forfeited without prior notice and the Account may be suspended or closed.
2.4. CHANGE IN INFORMATION
Program Members are responsible to advise the Company immediately of any change to their address or other contact information. The Company will not be responsible for any communication not received by a Program Member, provided that the Company sent such communication to the address or other contact information then on file from such Program Member.
2.5. INACTIVE ACCOUNTS
A Program Member Account is deemed to be inactive if points are not earned in connection with such Account for 12 months. Once an Account is deemed to be inactive, all points in such Account may, in the Company’s sole discretion, be deemed to have been forfeited by such Member, with or without notice.
2.6. ACCOUNT CLOSURE
Points are reduced to zero upon closure of a Membership.
2.7. SECURITY
If a Membership Number is used by any other person, all points relating to purchases made by such other person will be credited to the Member’s Account. The Company assumes no liability or responsibility for points redeemed by any person(s) prior to a notification to the Company’s Customer Service Centre that the Membership Number has been compromised. Any points redeemed prior to notification shall be at the Member’s risk.
3. REWARD POINTS
3.1. COLLECTION; REDEMPTION
Points can be earned by Program Members in connection with purchases of goods and/or services made through the Company (whether online and/or from physical locations) as set forth on the Explainer Page, regardless of method of payment, provided that the Membership Number is presented/entered at the time of purchase.
Points can be redeemed for rewards. When enough points have been accumulated to obtain the reward(s) desired, redemption may occur through online and/or physical locations as set forth on the Program website or Explainer Page. The redemption schedule, available rewards and other information is available on the Explainer Page.
A Member must provide his/her Membership Number when redeeming points to protect the integrity of the Member’s points balance. Each Member is responsible to ensure that all Personal Information is correct and up-to-date and the Company reserves the right to block redemptions where the Member information is inaccurate or incomplete. Members are solely and entirely responsible for keeping their Account secure. If a purchase price is lower than the redemption value of the points, the remaining dollar value associated with all utilized points will be forfeited.
3.2. VALUE
Points have no cash value and are not exchangeable for cash, that no interest is paid or earned with respect to points, that points are not personal property, that the quantity of points in your Account may be increased or decreased by the Company in its sole and absolute discretion for any reason or no reason whatsoever, that you have no right to a refund related to points, that there is no right to transfer or exchange points, and that the Company may limit your license to use points with respect to any goods and/or services or time period related thereto. You further acknowledge that additional restrictions related to points, as determined in the sole and absolute discretion of the Company, may be applicable if, and when, points are made available to you or thereafter. The Company may restrict the award or use of points based on your country of residence or other factors. The accumulation of points does not entitle the Program Members to any vested rights, and the Company does not guarantee in any way the continued availability of any reward, redemption level, rebate or any other benefit. The Company assumes no liability to Members as regards the addition or deletion of items from or for which points can be collected and/or redeemed. You are responsible for any taxes that may result from your participation in the Program.
3.3 TRANSFERABILITY
Except as permitted from time to time by the Company, points cannot be assigned, exchanged, traded, bartered, purchased or given by gift or otherwise sold. Any points so acquired are void. For the avoidance of doubt, such prohibited transfers include transfers upon operation or law upon the death of a Member.
3.4. RETURN/EXCHANGE POLICY
In the event of a return/exchange of any eligible purchase that initially earned points, such points will be deducted automatically from the Account that was used for the eligible purchase (whether or not the Membership Number is presented at the time of return and/or exchange). Points will be deducted at the same rate as they were earned.
Upon the return and/or exchange of products awarded through the redemption of points, all redeemed points will be forfeited.
3.5. PROMOTION
From time to time, the Company may advertise or offer exclusive offers to select Members to redeem points for items other than a discount reward, or receive other benefits or discounts.
4. PRIVACY
4.1. CONFIDENTIAL INFORMATION
The Company respects your privacy and is committed to protecting your privacy. We will maintain the privacy and security of all personal information collected from Members, including, but not limited to: name, address, email address, telephone numbers, date of birth, account number and purchasing information (“Personal Information”). Your use of the Program Website and participation in the Program is governed by the Program Website’s Privacy Policy, and is hereby incorporated into these Terms & Conditions by reference. Please read this policy carefully for information related to the Company’s collection, use, and disclosure of your Personal Information.
You understand that through your use of the Program, you consent to the collection and use of this information. As part of providing you the Program, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Program and your Account.
4.2 UNSUBSCRIBE
By sharing your email address and as an active customer and Program Member, we and/or our service providers may communicate to you special offers, services, promotions and program information. You can unsubscribe from receiving such messages at any time by updating your online account, by contacting customer service of the applicable entity, or by clicking unsubscribe at the bottom of any promotional email.
1. 18. .S.C. 2257 COMPLIANCE NOTICE
In compliance with United States Code, Title 18, Section 2257, all of the models, actors, and other persons that appear in any visual depiction of actual sexually explicit conduct appearing or otherwise contained in the following Program Website were over the age of eighteen years at the time of the creation of such depictions.
All other visual depictions displayed on the Program Website are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said visual depictions do not consist of depictions of conduct as specifically listed in 18 U.S.C section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995.
Records required to be maintained pursuant to U.S.C. Title 18, Section 2257 are kept by the following custodian of records:
Steve Shubin
President
Interactive Life Forms, LLC
7000 Burleson Road, Building C
Austin, TX 78744
6. LIMITATION OF LIABILITY AND DAMAGES; INDEMNIFCATION
1.1 LIMITATION OF LIABILITY AND DAMAGES
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY, OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON‐PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE PROGRAM WEBSITE, THE PROGRAM AND/OR THESE TERMS & CONDITIONS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE PROGRAM WEBSITE OR ANY LINKED SITES, OR YOUR PARTICIPATION IN THE PROGRAM, OR ANY OTHER INTERACTIONS WITH THE COMPANY, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100.00).
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS & CONDITIONS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
USERS WHO ARE CALIFORNIA RESIDENTS AGREE TO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
1.2 INDEMNIFICATION
You hereby agree to indemnify, defend and hold the Company, its affiliates and their respective officers, directors, owners, agents, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all causes of action, claims, liabilities and costs incurred by the Indemnified Parties in connection with any claim arising from of (a) your participation in the Program, and/or (ii) any breach by you of these Terms & Conditions or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys’ fees. You shall cooperate as fully as reasonably required in the defense of any claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of the Company without the Company’s prior written approval.
2. GENERAL
ACCEPTANCE
By enrolling in the Program, each Member (i) certifies that he or she is over the age of majority in the state, province or other jurisdiction in which he or she resides (or is supervised by a parent or legal guardian who agrees to the Program Terms) and of mental capacity (or is supervised by a legal guardian who agrees to the Program Terms), (ii) consents to the company’s collection and use of certain personal information, except as he or she may otherwise notify the Company and (iii) agrees to the Program Terms, as they may be amended from time to time.
2.2. OTHER TERMS
These Terms & Conditions are in addition to any other Program Terms, and shall be read together with such other Program Terms as one and the same instrument; provided, that if there is a conflict between any terms set forth in these terms and conditions, the Program Website, the Explainer Page and/or any other Program Terms, such conflict shall be resolved as follows: first, the Explainer Page shall prevail, thereafter these Terms & Conditions, thereafter the Program Website and finally any other Program Terms. For the avoidance of doubt, in the event of any action, proceeding or other dispute arising from or relating to any Program Terms, such dispute shall be settled in accordance with the provisions and procedures set forth in these Terms & Conditions.
2.3. ABUSE
Any abuse by a Member of the Program’s privileges, any failure by a Member to follow these Terms & Conditions, or any misrepresentation by a Member may subject the Member to expulsion from the Program, including forfeiture of all accumulated points.
2.4. WAIVER
Every effort has been made to ensure that the information herein is correct. The Company is not responsible for any errors or omissions in printed copies of these Terms & Conditions nor those published from time to time on its website.
Any waiver by the Company of the strict observance, performance or compliance by a Member with any of the Terms and Conditions contained herein, either expressly granted or by course of conduct, shall be effective only in the specific instance and shall not be deemed to be a waiver of any rights or remedies of the Company as a result of any other failure to observe, perform or comply with the Terms & Conditions. No delay or omission by the Company in exercising any right or remedy hereunder shall operate as waiver thereof or of any other right or remedy.
2.5. CONTACT
If you have any questions about these Terms and Conditions or if you wish to provide any feedback with respect to the Program, please contact us at: support@fleshlight.com.
2.6. AGE REQUIREMENT
THE PROGRAM WEBSITE AND PROGRAM ARE NOT INTENDED FOR CHILDREN. IF YOU ARE UNDER 18 YEARS OF AGE OR THE APPLICABLE AGE OF MAJORITY IN YOUR JURISDICTION, THEN YOU MAY NOT ACCESS OR USE THE PROGRAM WEBSITE OR PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER. BY USING THE PROGRAM WEBSITE AND/OR PARTICIPATING IN THE PROGRAM, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THE APPLICABLE AGE OF MAJORITY IN YOUR JURISDICTION AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE PROGRAM WEBSITE OR PROGRAM.
2.7. PRODUCT REPRESENTATIONS AND DESCRIPTIONS
Products are described and represented as accurately as possible so you understand the products they are viewing and/or purchasing. No guarantee is made regarding color representation as color may vary due to computer monitors, software, hardware and internet connections. In the event of a typographical error, pictorial error, technical error or other inaccuracy, the Company reserves the right to make improvements, corrections or changes without notice. The Company reserve the right to change formulation or packaging at any time without notice. The Company reserves the right to change pricing without notice
2.8. MEDICAL AND LEGAL DISCLAIMER
The information, services, commentary, Content and products on the Program Website or that are part of the Program are not intended to replace consultation with a healthcare provider, mental health professional or lawyer. The information on the Program Website should not be relied upon to diagnose or treat any ailment or condition or to answer any legal question. All information, services, commentary, content and products on the Program Website is for general informational purposes only. Questions or concerns should be referred to an appropriate professional in the healthcare, mental health or legal field.
2.9. GOVERNING LAW; JURISDICTION
These Terms & Conditions have been made in and shall be construed and enforced in accordance with the laws of the State of Texas without regard to any conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms & Conditions, the Program or the Company will be filed only in the state or federal courts in and for Austin, Travis County, Texas, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action and expressly submit to extraterritorial service of process.
2.10. DISPUTE RESOLUTION
You agree to first try to resolve any controversy, claim, or dispute arising out of or relating to these Terms & Conditions or the access, use of the Program Website and/or participation in the Program, with the help of a mutually agreed upon mediator in Austin, Travis County, Texas. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties. Attorney fees associated with the mediation shall be paid by the respective parties.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, You agree to submit the dispute to binding arbitration in Austin, Travis County, Texas. Such arbitration shall be conducted in accordance with the then prevailing consumer arbitration rules of the American Arbitration Association (“AAA”), and judgment on the award rendered by the arbitrator(s) may be entered in the state or federal courts in and for Austin, Travis County, Texas. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive and may be entered in any court having jurisdiction thereof as a basis of judgment and of the issuance of execution for its collection. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. The arbitrator shall be required to follow applicable law.
IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES INAPPLICABLE, THEN YOU, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.
2.11. ATTORNEY FEES
If any litigation or arbitration is necessary to enforce these Terms & Conditions the prevailing party shall be entitled to reasonable attorney fees, costs, and expenses.
2.12. SEVERABILITY
If any provision of these Terms & Conditions is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms & Conditions to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
2.13. ASSIGNMENT
Your rights under these Terms & Conditions may not be transferred or assigned by you, but may be assigned by the Company without restriction. Any assignment attempted to be made in violation of these Terms & Conditions shall be void.
2.14.HEADINGS
The heading references herein are for convenience purposes only, do not constitute a part of these Terms & Conditions, and will not be deemed to limit or affect any of the provisions hereof.
2.15. RELATIONSHIP
These Terms & Conditions create no agency, partnership, joint venture, or employee-employer relationship between you and the Company unless otherwise noted in writing by the Company.
2.16. ENTIRE AGREEMENT
These Terms & Conditions, the Privacy Policy, the Program Website, the Explainer Page and any other terms referenced in these Terms & Conditions are the entire agreement between you and the Company relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms & Conditions made by the Company as set forth herein.
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HOW TO USE YOUR FLESHPUMP
VIEW PDF
Practice makes perfect – it might take time to get used to the feel and functionality of the FleshPump, so please take time to read affiliated instruction manuals and allow yourself patience to experiment and see how FleshPump can work best with your body. Practice the technique of creating and maintaining your erection before attempting sexual intercourse with another person.
- Assure your FleshPump “donut” is clean and free of lint or residue.
- Lubricate your flaccid penis generously with an oil-based lube such as FleshPump Lubricant.
- To prevent pulling of pubic hair, lubricate the base of the body or remove pubic hair around the base of the penis.
- Place your flaccid penis at the opening of the FleshPump “donut.”
- Press the vacuum button to slowly draw your lubricated flaccid penis into the pump tube. This will help create a snug seal at the base of the body.
- Keep the pump steady with one hand and use the other to operate the vacuum.
- As you pump, watch your penis respond to the gradual vacuum pressure and pay attention to how it feels.
- It is normal for your penis to turn red as a result of blood being drawn into the shaft. Pumping too fast may bruise or cause rupture of the blood vessels below the skin, so please take it slow.
- If pain or discomfort persists, immediately stop and release the vacuum. Seek medical attention if necessary.
- For best results, pump in short 5-10 second bursts and then release the suction, similarly to how you might work out muscles at the gym.
- Average duration of pumping sessions is 3-5 minutes total. You must wait 60 minutes between FleshPump uses.
CAUTION:
CONSULT YOUR PHYSICIAN OR MEDICAL CARE PROFESSIONAL IF ANY COMPLICATIONS OCCUR. DISCONTINUE USE OF THE FLESHPUMP IF ANY COMPLICATIONS PERSIST.
Interactive Life Forms, LLC (“ILF”) and its affiliates are dedicated to limiting the spread of diseases from sharing or using another person’s products. Once this product is opened, it is non-returnable.
COMPLETELY READ AND UNDERSTAND THE INSTRUCTIONS (INCLUDING WITHOUT LIMITATION ALL PRECAUTIONS AND WARNINGS) PRIOR TO USING THE FLESHPUMP.
The FleshPump is designed to assist men in obtaining an erection before intercourse.
FLESHPUMP IS NOT INTENDED TO BE WORN OR USED TO PENETRATE YOUR PARTNER. YOU MAY CAUSE HARM TO YOURSELF OR YOUR PARTNER.
PRECAUTIONS/WARNINGS:
The FleshPump is made from body-safe polycarbonate/TPE and is generally safe for personal body contact. Putting the FleshPump in contact with another person’s body and/or uids is not advised due to the possibility of spreading communicable diseases.
The following precautionary measures are advised when using the FleshPump:
The FleshPump may not be safe for men who do not feel pain on the penis and its surrounding area. As the FleshPump may cause sexual arousal with increased heart and respiration rates, persons should consult their physician or medical professional before using the FleshPump and/or if you su er from any of the following: heart or lung disease; high blood pressure; stroke, epilepsy or convulsive disorder; genital or urinary disorder (e.g. kidney, bladder, testicular or penile problems or issues); diabetes or if you take anti-coagulants, large quantities of aspirin or other blood thinners; if you have sickle cell disease, bleeding disorders or leukemia; or you have a history of prolonged erections.
- This product is intended for use by a single person.
- Consult your physician or medical professional before using the FleshPump or if you (i) have reduced sensation in the genital area or experience other genitalia issues or (ii) experience discomfort during or after use. If at any time you experience pain or discomfort, immediately stop using the FleshPump and consult a physician or medical professional as soon as possible for advice.
- The wearer must be in control of the FleshPump at all times. Avoid falling asleep while using the FleshPump or using the FleshPump while under the in uence of drugs or alcohol. You may not feel pain while you are using drugs or alcohol.
- If your hands are severely impaired, you should not use this product. You must have full use of both of your hands to safely use the FleshPump, with the strength to operate the vacuum release mechanism.
- Avoid the testicles coming in contact with the vacuum-sealing area to avoid discomfort; try taking a warm shower or bath to relax the genitals prior to using the FleshPump.
- Wait 60 minutes between uses. Failure to do so may injure the penis. You can severely bruise or damage your penis if you do not wait at least 60 minutes between uses of the FleshPump.
- Disable the vacuum if severe pain occurs. Pain may be a sign the penis is bruising.
- Never try to withdraw the penis from the FleshPump without rst pressing the vacuum release valve. Withdrawing of the penis without the vacuum release may cause harm.
It is possible that using the FleshPump may bruise or break blood vessels either immediately below the skin or deep within the penis shaft or scrotum. Internal bleeding, bruising or petechiae (small purplish spots on a body surface, such as the skin or mucous membrane, caused by a minute hemorrhage), hemorrhage or the formation of a hematoma (a localized swelling with blood that results from a break in a blood vessel) in the penis or scrotum may result.
Inferences or actions you may make or take based on the content found in this manual are made and/or taken at your own risk. If you think you may have a medical emergency, call your physician or medical professional immediately and/or visit an emergency room or urgent care facility.
The information contained in this manual is not intended to be nor should be considered as a substitute for professional medical advice, diagnosis or treatment. You should speak with a physician or medical professional to advise and/or assess your personal medical condition. Only you and/or such physician or medical professional can assess the appropriateness of products intended for your personal use.
RISKS OF VACUUM THERAPY:
Vacuum therapy is easy to use. However, there are some risks associated with vacuum therapy. It is important that you understand these risks.
READ AND UNDERSTAND THE INSTRUCTIONS COMPLETELY (INCLUDING WITHOUT LIMITATION ALL PRECAUTIONS AND WARNINGS) PRIOR TO USING THE FLESHPUMP.
VACUUM THERAPY RISKS & WARNINGS:
Do not use any electrically-powered vacuum pump in or near water. Severe bruising or damage to your penis may result if you do not wait at least 60 minutes between uses of the FleshPump.
If you use too much vacuum pressure, harm to your penis may result, including without limitation bruising or injury to your penis or scrotum. Apply only the minimum of vacuum pressure necessary to achieve an erection.
It is possible that vacuum therapy may cause a small blood blister on the head of your penis.
This is normal and should not be harmful.
Use of the FleshPump may aggravate pre-existing conditions such as priapism (a persistent, generally painful erection as a consequence of disease and not related to sexual arousal); Peyronie’s disease (the formation of hardened tissue in the penis that causes pain, curvature, and/or distortion, usually during an erection); and urethral strictures (an area of hardened tissue, which narrows the urethra sometimes making it difficult to urinate).
Use of the FleshPump may mask an underlying cause of your impotence. These causes may include: diabetes, multiple sclerosis, chronic kidney failure, cirrhosis of the liver, or alcoholism. You should talk to your physician or medical professional before using this product.