EFFECTIVE May 25, 2018
This website is operated by Fleshlight International S.L. (hereafter referred to as “FI”, “we” or “us”) with Spanish incorporation no. ESB91871202 and registered address and business premises at Calle Torre De Los Herberos No. 23, Polígono Industrial Carretera de la Isla, 41703 Dos Hermanas, Seville, Spain, and the following email address: email@example.com.
For the purpose of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereafter “the GDPR”), the data controller is FI.
I.1 Maintaining your privacy and providing a hassle-free, enjoyable, and discreet shopping experience is of utmost importance to us.
We will never sell, rent, or share any information about you or your order to any third person unless specifically indicated below. The information you supply for your order is used to discreetly deliver the items you've purchased.
I.2 Below you can read about the information collected, including how information is processed, for what purpose and whom to contact if you have questions or objections relating to the information collected.
- Information we collect from you
II.1 We may collect and process the following data about you:
- Details of transactions you carry out through our site and of the fulfillment of your orders. When ordering a product through our site, we collect your email address, first name, last name, postal address, phone number (optional) and your payment information.
- Information that you provide when registering a unique Customer account, including your email address.
- Information that you provide when registering with the Forum, including your User Name of your choosing and email address.
- Information that you provide when registering with the Fleshlight Videos Membership, including your User Name of your choosing, and email address.
- Information that you provide when you report a problem with our site.
- If you contact us, we may keep a record of that correspondence.
III. Where we store your personal data
III.1 The personal data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). We will only send your personal data outside the EEA to companies either within our group or to parties with whom we have a contract. We ensure your personal data is protected by requiring all our group companies to follow the same rules when processing your personal data. This means within our group and for those other organisations with whom we have contracts we ensure that we have in place adequate safeguards in respect of such transfers outside the EEA.
FI shares your personal data globally with other companies in the FI group in order to carry out the activities specified in this Policy. This includes to FL group companies in the following countries: Australia, Canada, Spain and the United States of America. FI may also subcontract processing to, or share your personal data with, third parties located in countries other than your home country. Your personal data, therefore, may be subject to privacy laws that are different from those in your country of residence.
III.2 If you have used a password to access certain parts of our site, you are responsible for keeping this password confidential.
III.3 The transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site. Any transmission is thus at your own risk.
- Use of information
IV.1 Legal basis
We will at all times process personal data about you in accordance with the GDPR, which entails that any information in our possession concerning you is handled in accordance with the requirements contained in the GDPR. Depending on the service provided as well as the nature of the information processed/collected, the legal basis for the processing may vary:
IV.1.1 In most cases, your personal data will be processed in order to ensure the performance of a contract to which you and FI are subject or to take steps in order to enter into such a contract, cf. the GDPR Article 6(1)(b) and (f).
IV.1.2 Our legal basis for processing your personal data for marketing purposes is always your consent, cf. the GDPR Articles 6(1)(a) and 9(2)(a).
IV.1.3 We may also process your personal data if the processing is necessary for compliance with a legal obligation to which we are subject, cf. the GDPR Article 6(1)(c).
IV.1.4 Finally, we reserve the right to process personal data about you to the extent that such processing is necessary for the purposes of the legitimate interests of FI, such as safeguarding the interests of FI in a legal dispute, cf. the GDPR Articles 6(1)(f) and 9(2)(f). Such processing may concern sensitive data relating to you.
IV.2 We use information held about you in the following ways:
IV.2.1. To ensure that content from our site is presented in the most effective manner for you and for your computer/device.
IV.2.2 To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
IV.2.3 To carry out our obligations arising from any contracts entered into between you and us.
IV.2.4 To allow you to participate in interactive features of our service, when you choose to do so.
IV.2.5 To notify you about changes to our service.
IV.3 We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services, which may be of interest to you, and we or they may contact you about these by post, email or SMS if you have consented to this.
Should you no longer, having already consented, want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please email us at firstname.lastname@example.org.
IV.4 We do not disclose information about identifiable individuals to our advertisers, but we may provide them with non-identifiable aggregate information about our users. Furthermore, where you have consented, we may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
- Data retention
We will only retain personal data held about you as long as we need it to fulfill the purposes for which we have initially collected it, unless otherwise required by law. Although in some instances difficult to provide an exact timeframe in advance, please find below the criteria used to determine the data retention period:
V.1 Customer data: Details of transactions that you carry out through our site and of the fulfillment of your orders will generally be stored for a 12-month period following the delivery date of the Products. Depending on the information and services provided, the retention period of such details may be extended, cf. letters V.5 and V.7 below.
V.2 Marketing data: Personal data retained for marketing purposes will be deleted as soon as possible after having received your withdrawal of consent to processing for such purposes.
V.3 Customer account: Personal data provided through creating a unique account on the site will be retained for as long as the account is active and for 3 months after you have chosen to terminate your account. Your personal data will be retained for a 12-month period in the event that you have not replied to our inquiries concerning the deletion of your account due to inactivity.
V.4 Forum Membership: Personal data provided through your Forum Membership will be retained for as long as the account is active and for 3 months after you have chosen to terminate your Forum Membership. Your personal data will be retained for a 12-month period in the event that you have not replied to our inquiries concerning the deletion of your forum membership account due to inactivity.
V.5 Fleshlight Videos Membership: Personal data provided through your Fleshlight Videos Membership will be retained for as long as the account is active and for 3 months after you have chosen to terminate your Fleshlight Videos Membership. Your personal data will be retained for a 12-month period in the event that you have not replied to our inquiries concerning the deletion of your Fleshlight Videos Membership due to inactivity.
V.6 Inquiries: Records of correspondence between you and us concerning, inter alia our products or reported problems with our site, will be stored for 6 months after the correspondence has been finalized.
Furthermore, we will retain and use any personal data necessary to comply with our legal obligations, resolve disputes, and enforce our agreements as follows:
V.7 Billing information is retained for the period allowed in accordance with the relevant accounting and taxation laws; and
V.8 Information on legal transactions between you and FI is retained for the period of time allowed in accordance with the general limitation period set for civil claims by law.
- Disclosure of your information
VI.1 We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.
VI.2 We may disclose your personal information to third parties:
VI.2.1. In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
VI.2.2 If we or substantially all of our assets are acquired by a third party, in which case personal data held by us about our website users may be one of the transferred assets.
VII Marketing and third party websites
VII.1 Before collecting your data for marketing purposes, we will ask for your consent to use your data for such purposes or to disclose your information to any third party for such purposes. You have the right to ask us to stop using your personal data for marketing purposes at any time by contacting us at email@example.com or going here to change your preferences.
VII.2 Our website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
VIII Your rights
VIII.1 Under the GDPR, you have the right to access information held about you (Article 15), the right to rectification (Article 16) or erasure (Article 17) of information held about you, the right to restriction of processing of information relating to you (Article 18) and the right to data portability (Article 20). Your rights can be exercised in accordance with the conditions laid out in the GDPR.
VIII.2 Requests made by you pursuant to the articles mentioned under section X.1 will be handled free of charge unless the requests are deemed unfounded or excessive. In the event that we deem that a request is unfounded or excessive, we may refuse to act on the request or charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested.
X Contact and complaints
You are welcome to contact us with any questions, comments or requests via email at firstname.lastname@example.org or at the following address: Fleshlight International, S.L., c/ Torre de los Herberos 23, 41703 Dos Hermanas, Sevilla, Spain.
Should you be dissatisfied with our handling of your inquiry, you have the right to lodge a formal complaint with the relevant data protection authority. Full details can be accessed on the websites of the relevant data protection authorities. You can find the contact information and webpages of EU data protection authorities on the following webpage: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
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TERMS AND CONDITIONS
FLESHLIGHT REWARDS PROGRAM
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
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.
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.
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.
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.
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.
4.1. CONFIDENTIAL 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.
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:
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."
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.
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.
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.
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.
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: email@example.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.
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.
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.
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.
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
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HOW TO USE YOUR FLESHPUMP
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.
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.
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.