INTERACTIVE LIFE FORMS, LLC 
TERMS OF USE
Effective as of July 15, 2017

This agreement applies to the Interactive Life Forms, LLC’s ( referred to herein as “ILF,” “we” or “us”) website located at www.fleshlight.com, www.fleshjack.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. 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.

1. Definitions

1. “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.
2. “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.
3. “Customer” means a User who has purchased a product.
4. “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.
5. “Customer Data” means personally identifiable information voluntarily Transmitted by a User to the Site in order to purchase a product.
6. “Fleshlight Community” means the collective membership of the Forum and Fleshlight Videos.
7. “Forum” means the interactive portion of the Site by which Users can Transmit written, graphic, and video based Content for the access and/or use of other Users and access and/or use written, graphic, and video based Content Transmitted by other Users.
8. “Fleshlight Videos” means an interactive portion of the Site by which Users can Transmit video and image based Content for the access and/or use of other Users and access and/or use video and image based Content Transmitted by other Users.
9. “Fleshlight Videos Account” means a personal account created by a User who has Registered with Fleshlight Videos.
10. “Fleshlight Videos Member” means a User that has Registered a Fleshlight Videos Account.
11. “Forum Member” means a User that has Registered with the Forum.
12. “Forum Membership” means a personal account created by a User who has Registered with the Forum.
13. “ILF Content” means Content generated by ILF.
14. "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.
15. “Membership Data” means personally identifiable information voluntarily Transmitted by a User to the Site in order to Register with either Fleshlight Videos or the Forum.
16. “Register” means to create either a Fleshlight Videos Account or Forum Membership by voluntarily Transmitting Membership Data to the Site.
17. “Transmit” means uploading, submitting, posting, distributing, downloading, disseminating, receiving, or otherwise making available Content.
18. “User” means an individual who accesses and/or uses the Site.
19. “User Content” means any Content Transmitted by Users.
20. “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 Of Use 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 Of Use

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 regularly reviewing 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 as a part of the Fleshlight Community. Furthermore, ILF grants you a limited, personal, non‐exclusive, non‐transferable, freely revocable license to Transmit ILF Content provided on Fleshlight Videos and the Forum via the ILF Technology provided in these sections of the Site.

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 to immediately 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.

Illegal and/or unauthorized uses of the Site, including collecting Customer and/or Membership Data, or other personally identifiable information of Customers and/or Members by electronic or other means, or the sending of unsolicited e-mail, 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, Fleshlight Video Account, and/or Forum Membership, 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 Account, Fleshlight Video Account, and/or Forum Membership 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 

You agree that any information, feedback, questions, comments and/or submissions to any of the Forums (including, without limitation, Fleshlight Videos and Forums) (as discussed below) or the like that you provide to us in connection with 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 ILF or the Site 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 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 – see Clause 11 below. 

7. Fleshlight Videos Accounts

Fleshlight Videos allows all Users to access and Transmit Content via ILF Technology. In order to Transmit User Content to Fleshlight Videos, you must become a Fleshlight Videos Member by creating a Fleshlight Videos Account. In order to create a Fleshlight Videos Account, you will be required to provide personally identifiable information including, without limitation, your email address and gender and will have the option to add additional personally identifiable information to your Fleshlight Videos Member profile. You may select any username that you like, except that your username may not be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark or person, or a term that is deemed offensive at the discretion of ILF or the Fleshlight Community. You may, but are not obligated to, use your own name. If you do use your own name, you consent to it being passed to other Fleshlight Videos Members. ILF reserves the right to reject or remove any username, Fleshlight Video Account, and/or Fleshlight Videos Member at the discretion of ILF. In creating a Fleshlight Videos Account, you assert that the information you provide is current, true, and accurate. You may not impersonate someone else (e.g., adopt the identity of someone else), create an account for anyone other than yourself, provide an email address other than your own, or create multiple Fleshlight Videos Accounts. ILF reserves the right to deny you access to the Site at any time without notice for any reason.

You are solely responsible for any and all use of your Fleshlight Videos Account. You are solely responsible for the confidentiality and security of your Fleshlight Videos username and password. You agree to immediately notify ILF of any actual or suspected breach of security or unauthorized use of your Fleshlight Videos Account.

8. Forum Membership

In order to gain access to and/or use the Forum, you must become a Forum Member by creating a Forum Membership. In order to create a Forum Membership, you will be required to provide personally identifiable information including, without limitation, your email address and will have the option to provide/add additional personally identifiable information to your Forum Member profile. You may select any username that you like, except that your username may not be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark or person, or a term that is deemed offensive at the discretion of ILF or the Fleshlight Community. You may, but are not obligated to, use your own name. If you do use your own name, you consent to it being passed to other Forum Members. ILF reserves the right to reject or remove any username and/or Forum Member at the discretion of ILF. In creating a Forum Membership, you assert that the information you provide is current, true, and accurate. You may not impersonate someone else (e.g. adopt the identity of someone else), create an account for anyone other than yourself, provide an email address other than your own, or create multiple Forum Memberships. ILF reserves the right to deny you access to the Site at any time without notice for any reason.

You are solely responsible for any and all use of your Forum Membership. You are solely responsible for the confidentiality and security of your Forum username and password. You agree to immediately notify ILF of any actual or suspected breach of security or unauthorized use of your Forum Membership.

9. 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.

a. 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 as a part of the Fleshlight Community. Furthermore, ILF grants you a limited, personal, non-exclusive, non-transferable, freely revocable license to Transmit ILF Content provided on Fleshlight Videos and the Forum via the ILF Technology provided in these sections of the Site. You may only Transmit the ILF Content in these sections of the Site and it may only be Transmitted via the ILF Technology provided in these sections of the Site. All other 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 notice to you, if you breach any of the Terms.

b. Reservation of Rights.

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

c. 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.

10. User Content

Fleshlight Videos Members and Forum Members may Transmit User Content to the Site that can be accessed and/or used by other Fleshlight Videos Members and Forum Members.

a Retention of Ownership

ILF does not claim any ownership rights in Your Content. After you Transmit Your Content to the Site, you continue to retain ownership of Your Content, and you continue to have the right to use and license Your Content in any way you choose. Any of Your Content transmitted via ILF Technology needs to comply with the Terms. At any point, you can remove Your Content and cancel your Fleshlight Videos Account and/or Forum Membership and ILF does not retain any license rights except as provided in the Terms.

b 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 throughout the world in any media in any way and in any commercial or non-commercial medium or form without compensation.

As a Fleshlight Videos Members and/or Forum Members you acknowledge that ILF and its designees reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any Content through or on the Site in whole or in part at any time for any reason or no reason with or without notice and with no liability of any kind.

If Content, a Customer Account, a Fleshlight Videos Account, and/or Forum Membership is removed from the Site, the Content, Customer Account, Fleshlight Videos Account, and/or Forum Membership may also 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.

c. License Grant to Other Members

By Transmitting Your Content on the Site or via ILF Technology, you thereby grant to each User that is authorized to access Your Content a non-exclusive license to access, use, and/or Transmit Your Content under the Terms and Community Guidelines. Notwithstanding the foregoing, you hereby grant to each User that is authorized to access Your Content at least a limited, non-exclusive, license to view, Transmit, print and have printed Your Content for personal use in the manner contemplated by the Terms.

d. User Content Representations and Warranties.

You are solely 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.

e. User Content Disclaimer

You understand that when using the Site you will 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.

f. 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 may also suspend or terminate your Customer Account, Fleshlight Videos Account, and/or Forum Membership, 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.

11. Digital Millennium Copyright Act Policy

ILF respects the intellectual property of others, and we ask that you, Users, and Customers do the same.

If you believe that one of our Customers or Users is, through the use of one of our services, unlawfully 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:

a. Identification of the copyrighted work(s) that you claim to have been infringed

b. Identification of where the infringing material is located on ILF’s Site

c. 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

d. A statement that the information in the notification is accurate, and that under penalty of perjury, you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner

e. Your address, telephone number and e-mail address

f. 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 attorney’s fees incurred by ILF in connection with the written notification and allegation of copyright infringement.

The designated Copyright Agent for ILF is:

Mr. Matthew Esber
General Counsel
Interactive Life Forms, LLC 
7000 Burleson Road, Building C
Austin, Texas 78744
Telephone: (512) 368-3021
Fax: (512) 368-3121
E-mail: ipissues@fleshlight.com.

12. User Disputes

While ILF reserves the right, but has no obligation, to monitor or moderate disputes between you and other Fleshlight Videos Members and/or Forum Members, you are solely responsible for your interactions with other Fleshlight Videos Members and/or Forum Members.

13. Offsite Interaction with Other Users

You are solely responsible for Your Content and all the consequences of Transmitting Content to other Fleshlight Videos Members and/or Forum Members. You understand that you are solely responsible for any interaction with any Fleshlight Videos Members and/or Forum Members that take place outside of the Site whether online or offline.

14. 18 U.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 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:

Steve Shubin
President
Interactive Life Forms, LLC
7000 Burleson Road, Building C
Austin, TX 78744

15. 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 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 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.

16. Changes to the Site

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

17. Representations and Warranties, Disclaimer of Warranties

a. You represent, warrant and covenant (1) 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 (A) 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; (B) contain unlawful material, or otherwise violate any applicable laws, rules or regulations; (C) constitute false or misleading indications of origin or statements of fact; (D) slander, libel or defame any person or entity; or (E) cause injury of any kind to any person or entity; and (2) 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.

b. 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.

c. 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 SITES, 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, GUARANTEES, 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.

d. You hereby acknowledge that the use of the Site and the Content available thereon is at your sole risk.

18. Product Representations and Descriptions

Products are described and represented as accurately as possible so Users/Customers understand the products they are viewing and 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, ILF reserves the right to make improvements, corrections or changes without notice. ILF reserves the right to change formulation or packaging at any time without notice. ILF reserves the right to change pricing without notice.

19. Pre-Order Reservations

When placing a pre-order for our products, You will be required to provide certain information, such as Your address and billing information. You represent and warrant that all such information is accurate, and You shall ensure that such information is kept current. ILF shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your product being shipped by sending an e-mail to support@fleshlight.com.

You acknowledge and agree that ILF may decline or delay reservations to avoid oversubscription or as it deems appropriate, provided that we will make efforts to inform you within two (2) weeks of our receipt of Your Pre-Order, and that You will be entitled to a full refund of the reservation amount paid.

                       a.         You will be charged $11.00 (the “Reservation Fee”), which is a portion of the total purchase price of the products at the time of placing the pre-order, which will reduce the total purchase price of the product by $11.00 upon release and final purchase. If ILF is unable to commence shipping the products on or before the one-year anniversary of your placing the pre-order, ILF shall process a full refund to you. Your placing of a pre­order constitutes your express agreement to ILF of charging the $11.00 at such time. The purchase price and Reservation Fee Includes 10% GST in Australia, outside of Australia, do not include taxes and other government charges, which are your responsibility.

                      b.         ILF will build products according to the order in which the pre-order is received. This position does not imply receiving a particular number associated with Your products. If You cancel or forfeit Your reservation in accordance with the terms of this Agreement, Your position will be taken by the next person on the product reservation list. Not withstanding the foregoing, You acknowledge and agree that We may need to build and use products for a variety of purposes, such as in-house and third-party testing, evaluation, and display prior to fulfilling product reservations. Furthermore, We may in Our sole discretion prior to fulfilling product reservations offer for sale to the public a limited number of Products.

                       c.         Although We will make efforts to begin delivering products as soon as reasonably practicable, You understand and agree that there may be delays. An estimated time of delivery (ETD) is only an estimate, is subject to change, and ILF does not represent or warrant that it will be able to ship the product by the estimated date.  As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, ILF is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. We will provide you periodical updates with respect to such delivery schedule. If for any reason you decide that you do not wish to continue to wait for your product, you may cancel your reservation as provided for in subsection d below.

                       d.         You or ILF may cancel this reservation by terminating the pre-order at any time for any or no reason prior to Our notice to You that Your product is ready for delivery. If You do so prior to our notice of delivery, you will obtain a refund of the Reservation Fee without interest. If ILF cancels Your reservation You will receive a full refund of the Reservation Fee without interest (and You will not pay any processing fee).

20. 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 are for general informational purposes only. Questions or concerns should be referred to an appropriate professional in the healthcare, mental health or legal field.

21. 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.

22. 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 IN 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 OF USE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

23. 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 (i) Your Content, and/or (ii) 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.

24. 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 a duly authorized agent of ILF.

25. 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.

26. Jurisdiction

You agree that any action at law or in equity arising out of, or relating to, the Terms Of Use or ILF 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.

27. Dispute Resolution

You agree to first 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 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.

28. Attorney Fees

If any litigation or arbitration is necessary to enforce the Terms the prevailing party shall be entitled to reasonable attorney fees, costs, and expenses.

29. 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.

30. 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.

31. 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.

32. Relationship

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

33. 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 IV of the Terms.

34. Contact Information

Any comments, complaints, or requests for further information can be directed to: 
Fleshlight Australia Pty Limited

Po Box 1

Underwood QLD 4119

Phone +61 7 3493 0172

Email jason.fazey@fleshlight.com.au

35. 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.

36. Trademarks

FLESHLIGHT, FLESHJACK, FLESHLIGHT GIRLS, FLESHGRIP, FLESHJACK.COM, FLESHLUBE, SEX IN A CAN, FLESHWASH, 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.

37. Australian agent

Fleshlight Australia Pty Limited has been appointed as the distribution agent in Australia for ILF and otherwise as the Australian agent for ILF in respect of these Terms of Service.