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Terms of Use

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: 

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.

  1. 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.
  2. 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.

  3.   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.

  4.   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.

  5.  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.

  6.  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.

     

  7.  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.

    1. 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.

    2. Reservation of Rights.

      ILF reserves all rights not expressly granted in the Terms unless otherwise noted in writing by ILF.

    3. 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.

  8.   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.

  9.   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.

  10.   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.

  11.   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.

  12.   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:

    1. Identification of the copyrighted work(s) that You claim to have been infringed;
    2. Identification of where the infringing material is located on ILF’s Site;
    3. 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;
    4. 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;
    5. Your address, telephone number, and email address; and
    6. 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.

  13.    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

  14.    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.

  15.    Changes to the Site

    ILF may discontinue or change any Content, service, function, or feature at any time with or without notice.

  16.    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.

  17.    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.

  18.    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.

  19.    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.

  20.    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."

  21.    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.

  22.    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.

  23.    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.

  24.    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.

  25.    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.

  26.    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.

  27.    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.

  28.    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.

  29.    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.

  30.    Relationship

    The Terms create no agency, partnership, joint venture, or employee-employer relationship between You and ILF unless otherwise noted in writing by ILF.

  31.    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.

  32.    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 CST

    customerservice@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
    Phone:

  33.    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.

  34.    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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