Privacy Policy

INTERACTIVE LIFE FORMS, LLC
PRIVACY POLICY

Effective as of February 24, 2017

This website (the “Site”) is the property of Interactive Life Forms, LLC, a Texas Limited Liability Company, whose primary offices are located at 7000 Burleson Road, Building C, Austin, TX 78744 and Fleshlight Canada Distribution, ULC, whose primary offices are located at 2525 Dunwin Drive, Unit 2, Mississauga, Ontario L5L 1R9, as applicable, (collectively, “ILF”, “we”, or “us”). ILF respects the privacy of those who access and/or use the Site (“You”, “Your”, “User”, or collectively “Users”) and is committed to protecting the privacy of the personally identifiable information we collect from You 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.

THIS PRIVACY POLICY SET FORTH BELOW (THE “PRIVACY POLICY”) HEREBY INCORPORATES BY REFERENCE THE TERMS OF USE OF THE SITE AND IS INCORPORATED INTO AND IS SUBJECT TO THE TERMS THEREIN. YOUR USE OF THE SITE AND ANY PERSONAL INFORMATION YOU PROVIDE THROUGH THE SITE ARE SUBJECT AT ALL TIME TO THE PRIVACY POLICY AND THE TERMS OF USE. BY USING THE SITE, YOU ARE ACCEPTING THE PRIVACY POLICY AND THE TERMS OF USE.

The Information That The Site Collects

Automatically Collected Information

When You access the Site, we may send one or more cookies, Flash cookies and Web beacons to Your computer. A cookie is a small text file containing a string of alphanumeric characters that a website stores on Your computer that Your browser provides to a website each time You access the website. Use of cookies is very common on the Internet. We use these cookies to identify prior Users and track usage of the Site. We do not use cookies to personally identify Users of the Site. You can remove these cookies and modify Your browser’s settings to accept all cookies, reject all cookies, or notify You when a cookie is sent. Please review Your web browser’s “Help” file to learn the proper way to modify Your cookie settings.

In addition, like many websites, when You access the Site, we may automatically record certain information from Your system by using different types of other common Internet technology. This automatically collected information may include, but not be limited to, usage, viewing and technical data, including Your Internet Protocol address (“IP Address”), a unique device or User ID, version of software installed, system type, the content and pages that You access on the Site, the dates and times that You visit Site, and whether you opened an email we sent.
Personally Identifiable Information

ILF only collects personally identifiable information, including postal address, email address, phone number(s), gender, date of birth, user name and password, and payment information, that is voluntarily provided to us by a User.

The Way We Use This Information

Automatically Collected Information
ILF uses cookies and other automatically collected information to identify prior Users, to track usage of the Site, and for analytical purposes to help us improve the Site and our business in general. We may on occasion provide this information to an affiliate or third party to assist us in providing these functions.
Personally Identifiable Information
The personally identifiable information that Users voluntarily provide to ILF may be used by ILF and our Affiliates for administrative purposes; for authentication purposes; to properly operate, maintain, and provide You with the features and functionality of the Site; to customize and personalize features for You and otherwise enrich your experience when using the Site; to present You with promotions, advertisement, and opportunities We believe may be of interest to You; to enable our affiliates and to assist us in operating, maintaining, and providing our Services and products to You; to enable us to carry out our obligations arising from any contracts/subscriptions entered into with You; to notify You about changes to the Privacy Policy or the Terms of Service, Site, or Site (if we deem it appropriate); to investigate and help prevent potentially unlawful activity or activities that threaten the integrity of the Site, ILF Content, or ILF Technology; to investigate allegations of fraud or violations of the Terms; to enforce or apply our rights under the Terms; and/or to protect the rights, property, or safety of any of our Users or others; to improve the quality and design of the Site and to create new features, promotions, functionality, and services by storing, tracking, and analyzing your preferences and trends.
Alternative Use of Personally Identifiable Information
Although consent for the use or disclosure of personally identifiable information will usually be obtained at the time of collection, there may be occasions where consent is sought after the personally identifiable information has been collected (but before use). If ILF intends to use personally identifiable information for a purpose other than what was identified at the time the personally identifiable information was collected, then we will obtain Your prior consent to that additional use unless it is for a situation where consent can be implied through Your actions with us.

Security of Information

The security, integrity and confidentiality of your information are extremely important to us. ILF maintains our systems in accordance with commercially reasonable industry standards to preserve the integrity and security of Your personally identifiable information. We cannot, however, ensure or warrant the security of any information You Transmit through the Site, and You do so at Your own risk. Once we receive Your transmission of information, we make commercially reasonable efforts to ensure the security of our systems including contractual and/or other safeguards to ensure that affiliates, related companies or third party service providers (“Third Parties”) provide a comparable level of protection for your personally identifiable information. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. “Perfect security" does not exist on the Internet, and You use the Site at Your own risk. If You have reason to believe that Your information stored with us is no longer secure, you must immediately notify us of the problem by contacting us as set out on our Site.

ILF has safeguards to protect personally identifiable information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification, regardless of the format in which the information is held. Personally identifiable information will be safeguarded by physical measures (locking filing cabinets, restricting access to offices), organizational measures (employee training, limiting access on a necessity basis) and technological measures (Secure Sockets Layer (SSL) technology passwords, firewalls and encryption). Some records, including older records, may be stored at an offsite storage facility, in either paper or electronic format. Where records are stored with off-site storage facilities, ILF uses contractual or other means to ensure that your privacy rights are protected. As a result, personally identifiable information may be subject to legal requirements of foreign countries as applicable, such as the requirement to disclose personally identifiable information to foreign governments.

From time to time, we review our security procedures to consider appropriate new technology and methods. Please be aware though that despite our best efforts, no security measures are perfect or impenetrable.

Limiting Use, Disclosure, and Retention

ILF always uses contractual or other safeguards to ensure protection of personally identifiable information and such information will be used and disclosed only for the purpose for which it was collected or as required by law, except with the consent of the individual. When personally identifiable information is no longer required to fulfill the purpose for which it was collected, it will be destroyed, erased or made anonymous, provided there are no legal requirements for its continued retention should the same be possible.

Access to personally identifiable information is limited to ILF employees with a business need to know and Third Parties who require access for business purposes. From time to time, ILF will disclose personally identifiable information to others, including to affiliated entities or unrelated companies that carry out certain responsibilities on behalf of ILF. ILF takes necessary steps to ensure that the affiliated entities or unrelated companies do not use or disclose personally identifiable information for any purpose other than the specific purpose requested.

Please note that once we share your personally identifiable information with a Third Party, the information received by the Third Party becomes subject to the Third Party’s privacy practices.

Accuracy

ILF will take all reasonable efforts to ensure that personally identifiable information is accurate, complete, and up-to-date in relation to the purposes for which the personally identifiable information is to be used.

Individual Access

Access to personally identifiable information, including how we use and disclose the personally identifiable information may be obtained on written request. An individual can challenge the accuracy and completeness of their personally identifiable information and have it amended as appropriate. An individual’s written request for access to personally identifiable information will be answered within a reasonable time and at a reasonable cost. We will assist any individual who informs us that they need assistance in preparing a written request and we may require an individual to provide sufficient information to permit us to provide an account of the existence, use and disclosure of personally identifiable information. Any such identifying information shall be used only for this purpose.

If an individual successfully establishes the inaccuracy or incompleteness of personally identifiable information such personally identifiable information will be amended to ensure that it is accurate. If a challenge to the accuracy of personally identifiable information is not resolved to the satisfaction of the individual, we will document the content of the challenge. The amended personally identifiable information or the existence of the unresolved challenge, as the case may be, may be transmitted to affiliated entities or unrelated companies having access to the information in question.

Requests for access to personally identifiable information we hold about an individual may be refused if permitted or required by law. In such a case, the reasons for denying access will be provided to the individual upon request which reasons may include: information that contains references to other individuals or contains confidential commercial information which cannot be redacted from the file; information collected in the course of investigating a breach of an agreement or in the course of a formal dispute resolution process; and information that is subject to solicitor-client privilege.

Lost or Stolen Information.

You are solely responsible for any and all use of Customer Account, Fleshlight Videos Account and/or Forum Membership. You are solely responsible for the confidentiality and security of Customer Account, Fleshlight Videos Account and/or Forum Membership password and log-in information. You agree to immediately notify ILF of any actual or suspected breach of security or unauthorized use of Your Customer Account, Fleshlight Videos Account and/or Forum Membership.
Children

ILF DOES NOT SELL PRODUCTS OR SERVICES FOR PURCHASE BY CHILDREN. YOU MUST BE AT LEAST 18 YEARS OF AGE OR 21 IN SOME AREAS, TO ACCESS OR USE THE SITE AT ANY TIME OR IN ANY MANNER. BY USING THE SITE, YOU REPRESENT THAT YOU ARE VOLUNTARILY CHOOSING TO VIEW AND ACCESS SEXUALLY-ORIENTED ADULT CONTENT FOR YOUR OWN PERSONAL USE, YOU ARE THE LEGAL AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIAL, YOU WON’T ALLOW ANY PERSON UNDER THE LEGAL AGE TO VIEW SUCH MATERIAL OR PEOPLE WHO MAY BE

OFFENDED BY SUCH MATERIAL TO VIEW ANY ADULT CONTENT FROM THIS SITE, YOU HAVE NOT BEEN PREVIOUSLY SUSPENDED FROM THE SITE, YOU ARE NOT ACCESSING THIS SITE FROM ANY MUNICPALITY, CITY, STATE, PROVINCE, COUNTRY, OR OTHER JURISDICTION WHERE VIEWING SUCH CONTENT IS PROHIBITED BY LAW, AND THAT THE ADULT CONTENT YOU HAVE CHOSEN TO ACCESS AND/OR TRANSMIT FROM THIS SITE IS WITHIN THE CONTEMPORARY STANDARDS OF ACCEPTANCE AND TOLERANCE OF YOUR COMMUNITY FOR SUCH MATERIALS.

PROTECTING THE PRIVACY OF YOUNG CHILDREN IS ESPECIALLY IMPORTANT. FOR THAT REASON, ILF DOES NOT KNOWINGLY COLLECT OR MAINTAIN PERSONALLY IDENTIFIABLE INFORMATION FROM PERSONS UNDER 13 YEARS-OF-AGE. IF ILF LEARNS THAT PERSONALLY-IDENTIFIABLE INFORMATION OF PERSONS LESS THAN 13-YEARS-OF-AGE HAS BEEN COLLECTED ON OR THROUGH THE SITE, THEN WE WILL TAKE THE APPROPRIATE STEPS TO DELETE THIS INFORMATION.

IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A CHILD UNDER 13 WHO HAS PROVIDED US WITH PERSONALLY IDENTIFIABLE INFORMATION, THEN PLEASE EMAIL US TO HAVE THAT INFORMATION DELETED IMMEDIATELY.

The following are some resources that may help parents and legal guardians in monitoring and limiting children’s access to certain types of material on the internet. While ILF does not endorse these products, we provide information about them as a public service.

Links to Third Party Sites

The Site may include links or references to other websites or services (“Linked Sites”). Linked Sites are provided for Your convenience and information only. Please be aware that ILF is not responsible for the privacy practices of such sites. We encourage You to be aware of when You leave the Site and to read the privacy statements of each and every website that collects personally identifiable information. This Privacy Policy applies solely to information collected by ILF through the Site.
Events Outside Of Ordinary Business Practices

IN CONNECTION WITH AN EVENT OUTSIDE OF ILF’S ORDINARY BUSINESS PRACTICES, INCLUDING BUT NOT LIMITED TO A SALE, MERGER, CONSOLIDATION, CHANGE IN CONTROL, TRANSFER OF SUBSTANTIAL ASSETS, REORGANIZATION, OR LIQUIDATION, ILF RESERVES THE RIGHT TO TRANSFER, SELL, OR ASSIGN THE INFORMATION THAT WE HAVE COLLECTED FROM USERS.

ILF ALSO RESERVES THE RIGHT TO DISCLOSE USER INFORMATION IN THE GOOD-FAITH BELIEF THAT IT IS REQUIRED TO DO SO PURSUANT TO JUDICIAL OR OTHER GOVERNMENTAL SUBPOENAS, WARRANTS, OR ORDERS, OR TO DISCLOSE SUCH DATA TO A GOVERNMENTAL INSTITUTION THAT HAS ASSERTED ITS LAWFUL AUTHORITY TO OBTAIN THE INFORMATION. ILF ALSO RESERVES THE RIGHT TO DISCLOSE USER INFORMATION THAT WE BELIEVE, IN GOOD FAITH, IS APPROPRIATE OR NECESSARY: TO TAKE PRECAUTIONS AGAINST LIABILITY; TO PROTECT ILF FROM FRAUDULENT, ABUSIVE, OR UNLAWFUL USES; TO INVESTIGATE AND DEFEND OURSELVES AGAINST THIRD-PARTY CLAIMS OR ALLEGATIONS; TO ASSIST GOVERNMENT ENFORCEMENT AGENCIES; TO PROTECT THE SECURITY OR INTEGRITY OF THE SITE; OR TO PROTECT THE RIGHTS, PROPERTY, OR PERSONAL SAFETY OF ILF, OUR USERS, OR OTHERS.
DATA TRANSFERS, STORAGE AND PROCESSING GLOBALLY

We operate globally and may transfer your personally identifiable information to individual companies of the ILF family of companies or Third Parties in locations around the world for the purposes described in this privacy policy. Wherever your personally identifiable information is transferred, stored or processed by us, we will take reasonable steps to safeguard the privacy of your personally identifiable information. Additionally, when using or disclosing personally identifiable information transferred from the European Union, we abide by the Safe Harbor Principles as set forth by the U.S. Department of Commerce, use standard contractual clauses approved by the European Commission, adopt other means under European Union law for ensuring adequate safeguards, or obtain your consent. We also apply the substantive requirements of standard contractual clauses when transferring personal information from Australia.

FOR USERS VISITING THE SITE FROM THE EUROPEAN ECONOMIC AREA, CANADA OR OTHER NON-U.S. TERRITORIES, PLEASE NOTE THAT ANY DATA YOU VOLUNTARILY PROVIDED US WILL BE TRANSFERRED OUTSIDE THE EUROPEAN ECONOMIC AREA, CANADA OR SUCH OTHER NON-U.S. TERRITORY FOR USE BY ILF FOR ANY OF THE PURPOSES DESCRIBED HEREIN.

Change in Privacy Policy

By using the Site, you are accepting the Privacy Policy and the Terms of Use. ILF reserves the right, in our sole discretion, to modify, alter, or otherwise update this Privacy Policy at any time. If this Privacy Policy materially changes, ILF will take reasonable measures to notify you of these changes, including posting a copy of the revised Privacy Policy on the Site. Your continued consent to our collection, use and disclosure practices following notification of any material change and/or your continued access to the Site following the posting of any changes to this Privacy Policy shall constitute your acceptance of such changes.
Google Analytics

Through our provider, Google Analytics, data is collected about use of our sites. We will not provide Google Analytics with your name, credit card number, birthday, phone number, email address and address information. We assign a random number to your usage so that Google Analytics can identify unique users of our sites. However, Google Analytics cannot associate that number with your personally identifiable information. We recognize that you may prefer to limit or eliminate the data that Google Analytics collects about your use of our sites. Google Analytics does provide an “Opt-out” option. Directions can be found at:http://www.google.com/analytics/learn/privacy.html.
Your California Privacy Rights

If you are a California resident, you may have certain additional rights. California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personally identifiable information by ILF to third parties for the Third Parties’ direct marketing purposes. California Business and Professions Code Section 22581 permits registered users who are minors to request and obtain deletion of certain posted content. . If you do not want us to share your personal information with such third parties, please send us your name, email address, street address and phone number tohttp://support.fleshlight.com/index.php?_m=tickets&_a=submit. Your opt out request will be processed within 30 days of the date it was received.
Visitors From Outside the US

If you are a visitor from outside the United States, please be aware that our company and servers are located in the United States. You hereby consent to your information being processed in the United States as set forth in this Privacy Policy.
Unsubscribe

ILF will communicate with You only if you want to hear from us. If You also prefer that we not use the personal information you have provided to contact You for our own marketing, advertising and promotional purposes, You can let us know by following the "opt out" instructions provided in promotional electronic mail sent to You. These instructions, however, do not apply to non-promotional transactional messages from us.

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If you ask us to remove your name and address from our promotional lists, we will maintain your name in a "do not contact" file in order to honor your request. It may take up to eight (8) weeks to process your request, during which period you may continue to receive communications from ILF.

Please note that your instructions (above) do not govern the use of information you have provided directly to our affiliates or to third parties (including any merchants referenced or accessible via our Site). The use of information You have provided directly to our affiliates or to third parties is governed by their respective privacy policies and terms of use.

Contact Information
Interactive Life Forms, LLC
7000 Burleson Road, Building C, Austin, TX 78744

Attention: General Counsel
Phone: +1 (888) 804-4453, from 10am to 10pm CST

If you have a privacy question about our website or would like to change or remove any of your information, please submit a Ticket here: http://support.fleshlight.com/index.php?_m=tickets&_a=submit.

All written complaints will be investigated and if ILF determines a complaint to be justified, we will take all appropriate measures, including, if necessary, amending our Privacy Policy, policies and/or practices. A complainant will be advised of the outcome of the investigation regarding their complaint.

For users in Canada, we encourage the use of our internal information and resolution process to resolve a complaint however an individual may also seek advice from the Office of the Privacy Commissioner of Canada at 1.800.282.1376 or info@privcom.gc.ca and, if appropriate, file written complaint with that office.

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TERMS AND CONDITIONS
FLESHLIGHT REWARDS PROGRAM

1. GENERAL

1.1. OVERVIEW

The Fleshlight rewards program (the “Program”) is a loyalty reward program offered by Interactive Life Forms, LLC (the “Company”, “us”, “our” or “we”) to certain customers of the Company. The Program is accessible through www.fleshlight.com (the “Program Website”) and any other related sites and applications referred to on the Program Website including without limitation: www.fleshlight.com/pages/loyalty-program-terms/ (the “Explainer Page”).

The Program allows persons who have completed the membership enrollment steps (each, a “Program Member” or “Member”) in accordance with the present Terms and Conditions to collect points when making purchases on items identified from time to time by the Company (“Eligible Purchases”), and to redeem these points for rewards, benefits and/or rebates offered by the Company from time to time.

Members acquire no vested right or entitlement to the continued availability of any particular reward, benefit or redemption level.

1.2. TERMS AND CONDITIONS

The terms and conditions set forth herein (the “Terms & Conditions”, and together with any terms set forth on the Program Website, the Explainer Page, the Program Website’s privacy policy and any other terms accessible through any of the foregoing, collectively the “Program Terms”) govern the Program. The Company in its sole discretion can, restrict, suspend, amend, extend or otherwise alter the Program Terms at any time and without prior notice. If the Program Terms have been updated, the Company will post the new Program Terms on the Program Website and note the date that they were last updated, and no change will be effective until such change has been posted for at least ten (10) days. We encourage Members to review the Program Terms each time they use the Program.

1.3. ACCEPTANCE

By using or enrolling in the Program, you accept and agree to be bound by these Terms and Conditions.

2. PROGRAM MEMBERSHIP

2.1. MEMBERSHIP ENROLLMENT

Membership is free and no initial purchase is required in order to become a Member. To become a valid Member, you must complete the enrolment process by providing complete and accurate information and indicating your acceptance of the Program Terms. After completion, you will receive a rewards member number (“Member Number”).

2.2. PASSWORDS AND SECURITY

In order to enroll in the Program, you will have to register and create an Account with us and provide one or more names, email addresses, login usernames and passwords (together, “ID”). You are responsible for maintaining the confidentiality of your ID. You agree not to use the ID of any third party or disclose your ID to any third party. You are responsible for any and all activity that occurs on your Account, whether or not such use and related liabilities were in any way authorized by you, and it is your responsibility to safeguard any access control mechanisms you may have related to your Account such as a password or ID. If you suspect any unauthorized use of your Account, you must notify us immediately. You agree to provide us with correct and complete Account information at all times and inform us of any changes to the information you have provided. We will keep your ID confidential. Only one Fleshlight rewards program rewards account (“Account”) is permitted per person.

2.3. SUSPENSION RIGHTS; CAPACITY

If the Company determines that a Program Member has abused any of the Program’s privileges, fails to comply with any of the Program Terms, or makes any misrepresentation to the Company the Company may, in its sole discretion, take such actions as it deems appropriate, including without limitation, suspending such Member’s privileges under the Program, revoking any or all of the points in such Program Member’s Account, and/or revoking the Program Member’s membership in the Program, in each case, with or without advance notice to the Member and without liability to the Company.

Points will not be awarded if in the Company’s reasonable opinion the merchandise purchased will be used for resale or commercial use and any points awarded on such purchases will be forfeited. If a Member was awarded points for an offer or promotion in which a Member purchased product(s) in excess of reasonable quantities, the points awarded as a result of that offer or promotion may be forfeited without prior notice and the Account may be suspended or closed.

Unless further restricted elsewhere in the Program Terms, Membership is only available to (i) individuals above the age of majority and who have legal capacity, and (ii) corporations, businesses, charities, partnerships, enterprises, schools or anyone other than an individual, provided that such entity has legal capacity and has duly authorized such Membership. If a Member does not meet the capacity requirements set out above, all points awarded to such Member may be forfeited without prior notice and the Account may be suspended or closed.

2.4. CHANGE IN INFORMATION

Program Members are responsible to advise the Company immediately of any change to their address or other contact information. The Company will not be responsible for any communication not received by a Program Member, provided that the Company sent such communication to the address or other contact information then on file from such Program Member.

2.5. INACTIVE ACCOUNTS

A Program Member Account is deemed to be inactive if points are not earned in connection with such Account for 12 months. Once an Account is deemed to be inactive, all points in such Account may, in the Company’s sole discretion, be deemed to have been forfeited by such Member, with or without notice.

2.6. ACCOUNT CLOSURE

Points are reduced to zero upon closure of a Membership.

2.7. SECURITY

If a Membership Number is used by any other person, all points relating to purchases made by such other person will be credited to the Member’s Account. The Company assumes no liability or responsibility for points redeemed by any person(s) prior to a notification to the Company’s Customer Service Centre that the Membership Number has been compromised. Any points redeemed prior to notification shall be at the Member’s risk.

3. REWARD POINTS

3.1. COLLECTION; REDEMPTION

Points can be earned by Program Members in connection with purchases of goods and/or services made through the Company (whether online and/or from physical locations) as set forth on the Explainer Page, regardless of method of payment, provided that the Membership Number is presented/entered at the time of purchase.

Points can be redeemed for rewards. When enough points have been accumulated to obtain the reward(s) desired, redemption may occur through online and/or physical locations as set forth on the Program website or Explainer Page. The redemption schedule, available rewards and other information is available on the Explainer Page.

A Member must provide his/her Membership Number when redeeming points to protect the integrity of the Member’s points balance. Each Member is responsible to ensure that all Personal Information is correct and up-to-date and the Company reserves the right to block redemptions where the Member information is inaccurate or incomplete. Members are solely and entirely responsible for keeping their Account secure. If a purchase price is lower than the redemption value of the points, the remaining dollar value associated with all utilized points will be forfeited.

3.2. VALUE

Points have no cash value and are not exchangeable for cash, that no interest is paid or earned with respect to points, that points are not personal property, that the quantity of points in your Account may be increased or decreased by the Company in its sole and absolute discretion for any reason or no reason whatsoever, that you have no right to a refund related to points, that there is no right to transfer or exchange points, and that the Company may limit your license to use points with respect to any goods and/or services or time period related thereto. You further acknowledge that additional restrictions related to points, as determined in the sole and absolute discretion of the Company, may be applicable if, and when, points are made available to you or thereafter. The Company may restrict the award or use of points based on your country of residence or other factors. The accumulation of points does not entitle the Program Members to any vested rights, and the Company does not guarantee in any way the continued availability of any reward, redemption level, rebate or any other benefit. The Company assumes no liability to Members as regards the addition or deletion of items from or for which points can be collected and/or redeemed. You are responsible for any taxes that may result from your participation in the Program.

3.3 TRANSFERABILITY

Except as permitted from time to time by the Company, points cannot be assigned, exchanged, traded, bartered, purchased or given by gift or otherwise sold. Any points so acquired are void. For the avoidance of doubt, such prohibited transfers include transfers upon operation or law upon the death of a Member.

3.4. RETURN/EXCHANGE POLICY

In the event of a return/exchange of any eligible purchase that initially earned points, such points will be deducted automatically from the Account that was used for the eligible purchase (whether or not the Membership Number is presented at the time of return and/or exchange). Points will be deducted at the same rate as they were earned.

Upon the return and/or exchange of products awarded through the redemption of points, all redeemed points will be forfeited.

3.5. PROMOTION

From time to time, the Company may advertise or offer exclusive offers to select Members to redeem points for items other than a discount reward, or receive other benefits or discounts.

4. PRIVACY

4.1. CONFIDENTIAL INFORMATION

The Company respects your privacy and is committed to protecting your privacy. We will maintain the privacy and security of all personal information collected from Members, including, but not limited to: name, address, email address, telephone numbers, date of birth, account number and purchasing information (“Personal Information”). Your use of the Program Website and participation in the Program is governed by the Program Website’s Privacy Policy, and is hereby incorporated into these Terms & Conditions by reference. Please read this policy carefully for information related to the Company’s collection, use, and disclosure of your Personal Information.

You understand that through your use of the Program, you consent to the collection and use of this information. As part of providing you the Program, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Program and your Account.

4.2 UNSUBSCRIBE

By sharing your email address and as an active customer and Program Member, we and/or our service providers may communicate to you special offers, services, promotions and program information. You can unsubscribe from receiving such messages at any time by updating your online account, by contacting customer service of the applicable entity, or by clicking unsubscribe at the bottom of any promotional email.

1. 18. .S.C. 2257 COMPLIANCE NOTICE

In compliance with United States Code, Title 18, Section 2257, all of the models, actors, and other persons that appear in any visual depiction of actual sexually explicit conduct appearing or otherwise contained in the following Program Website were over the age of eighteen years at the time of the creation of such depictions.

All other visual depictions displayed on the Program Website are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said visual depictions do not consist of depictions of conduct as specifically listed in 18 U.S.C section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995.

Records required to be maintained pursuant to U.S.C. Title 18, Section 2257 are kept by the following custodian of records:

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

6. LIMITATION OF LIABILITY AND DAMAGES; INDEMNIFCATION

1.1 LIMITATION OF LIABILITY AND DAMAGES

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY, OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON‐PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE PROGRAM WEBSITE, THE PROGRAM AND/OR THESE TERMS & CONDITIONS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE PROGRAM WEBSITE OR ANY LINKED SITES, OR YOUR PARTICIPATION IN THE PROGRAM, OR ANY OTHER INTERACTIONS WITH THE COMPANY, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100.00).

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS & CONDITIONS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

USERS WHO ARE CALIFORNIA RESIDENTS AGREE TO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

1.2 INDEMNIFICATION

You hereby agree to indemnify, defend and hold the Company, its affiliates and their respective officers, directors, owners, agents, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all causes of action, claims, liabilities and costs incurred by the Indemnified Parties in connection with any claim arising from of (a) your participation in the Program, and/or (ii) any breach by you of these Terms & Conditions or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys’ fees. You shall cooperate as fully as reasonably required in the defense of any claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of the Company without the Company’s prior written approval.

2. GENERAL

ACCEPTANCE

By enrolling in the Program, each Member (i) certifies that he or she is over the age of majority in the state, province or other jurisdiction in which he or she resides (or is supervised by a parent or legal guardian who agrees to the Program Terms) and of mental capacity (or is supervised by a legal guardian who agrees to the Program Terms), (ii) consents to the company’s collection and use of certain personal information, except as he or she may otherwise notify the Company and (iii) agrees to the Program Terms, as they may be amended from time to time.

2.2. OTHER TERMS

These Terms & Conditions are in addition to any other Program Terms, and shall be read together with such other Program Terms as one and the same instrument; provided, that if there is a conflict between any terms set forth in these terms and conditions, the Program Website, the Explainer Page and/or any other Program Terms, such conflict shall be resolved as follows: first, the Explainer Page shall prevail, thereafter these Terms & Conditions, thereafter the Program Website and finally any other Program Terms. For the avoidance of doubt, in the event of any action, proceeding or other dispute arising from or relating to any Program Terms, such dispute shall be settled in accordance with the provisions and procedures set forth in these Terms & Conditions.

2.3. ABUSE

Any abuse by a Member of the Program’s privileges, any failure by a Member to follow these Terms & Conditions, or any misrepresentation by a Member may subject the Member to expulsion from the Program, including forfeiture of all accumulated points.

2.4. WAIVER

Every effort has been made to ensure that the information herein is correct. The Company is not responsible for any errors or omissions in printed copies of these Terms & Conditions nor those published from time to time on its website.

Any waiver by the Company of the strict observance, performance or compliance by a Member with any of the Terms and Conditions contained herein, either expressly granted or by course of conduct, shall be effective only in the specific instance and shall not be deemed to be a waiver of any rights or remedies of the Company as a result of any other failure to observe, perform or comply with the Terms & Conditions. No delay or omission by the Company in exercising any right or remedy hereunder shall operate as waiver thereof or of any other right or remedy.

2.5. CONTACT

If you have any questions about these Terms and Conditions or if you wish to provide any feedback with respect to the Program, please contact us at: support@fleshlight.com.

2.6. AGE REQUIREMENT

THE PROGRAM WEBSITE AND PROGRAM ARE NOT INTENDED FOR CHILDREN. IF YOU ARE UNDER 18 YEARS OF AGE OR THE APPLICABLE AGE OF MAJORITY IN YOUR JURISDICTION, THEN YOU MAY NOT ACCESS OR USE THE PROGRAM WEBSITE OR PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER. BY USING THE PROGRAM WEBSITE AND/OR PARTICIPATING IN THE PROGRAM, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THE APPLICABLE AGE OF MAJORITY IN YOUR JURISDICTION AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE PROGRAM WEBSITE OR PROGRAM.

2.7. PRODUCT REPRESENTATIONS AND DESCRIPTIONS

Products are described and represented as accurately as possible so you understand the products they are viewing and/or purchasing. No guarantee is made regarding color representation as color may vary due to computer monitors, software, hardware and internet connections. In the event of a typographical error, pictorial error, technical error or other inaccuracy, the Company reserves the right to make improvements, corrections or changes without notice. The Company reserve the right to change formulation or packaging at any time without notice. The Company reserves the right to change pricing without notice

2.8. MEDICAL AND LEGAL DISCLAIMER

The information, services, commentary, Content and products on the Program Website or that are part of the Program are not intended to replace consultation with a healthcare provider, mental health professional or lawyer. The information on the Program Website should not be relied upon to diagnose or treat any ailment or condition or to answer any legal question. All information, services, commentary, content and products on the Program Website is for general informational purposes only. Questions or concerns should be referred to an appropriate professional in the healthcare, mental health or legal field.

2.9. GOVERNING LAW; JURISDICTION

These Terms & Conditions have been made in and shall be construed and enforced in accordance with the laws of the State of Texas without regard to any conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms & Conditions, the Program or the Company will be filed only in the state or federal courts in and for Austin, Travis County, Texas, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action and expressly submit to extraterritorial service of process.

2.10. DISPUTE RESOLUTION

You agree to first try to resolve any controversy, claim, or dispute arising out of or relating to these Terms & Conditions or the access, use of the Program Website and/or participation in the Program, with the help of a mutually agreed upon mediator in Austin, Travis County, Texas. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties. Attorney fees associated with the mediation shall be paid by the respective parties.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, You agree to submit the dispute to binding arbitration in Austin, Travis County, Texas. Such arbitration shall be conducted in accordance with the then prevailing consumer arbitration rules of the American Arbitration Association (“AAA”), and judgment on the award rendered by the arbitrator(s) may be entered in the state or federal courts in and for Austin, Travis County, Texas. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive and may be entered in any court having jurisdiction thereof as a basis of judgment and of the issuance of execution for its collection. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. The arbitrator shall be required to follow applicable law.

IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES INAPPLICABLE, THEN YOU, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.

2.11. ATTORNEY FEES

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

2.12. SEVERABILITY

If any provision of these Terms & Conditions is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms & Conditions to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

2.13. ASSIGNMENT

Your rights under these Terms & Conditions may not be transferred or assigned by you, but may be assigned by the Company without restriction. Any assignment attempted to be made in violation of these Terms & Conditions shall be void.

2.14.HEADINGS

The heading references herein are for convenience purposes only, do not constitute a part of these Terms & Conditions, and will not be deemed to limit or affect any of the provisions hereof.

2.15. RELATIONSHIP

These Terms & Conditions create no agency, partnership, joint venture, or employee-employer relationship between you and the Company unless otherwise noted in writing by the Company.

2.16. ENTIRE AGREEMENT

These Terms & Conditions, the Privacy Policy, the Program Website, the Explainer Page and any other terms referenced in these Terms & Conditions are the entire agreement between you and the Company relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms & Conditions made by the Company as set forth herein.

HOW TO USE YOUR FLESHPUMP

VIEW PDF

Practice makes perfect – it might take time to get used to the feel and functionality of the FleshPump, so please take time to read affiliated instruction manuals and allow yourself patience to experiment and see how FleshPump can work best with your body. Practice the technique of creating and maintaining your erection before attempting sexual intercourse with another person.

Assure your FleshPump “donut” is clean and free of lint or residue.
Lubricate your flaccid penis generously with an oil-based lube such as FleshPump Lubricant.
To prevent pulling of pubic hair, lubricate the base of the body or remove pubic hair around the base of the penis.
Place your flaccid penis at the opening of the FleshPump “donut.”
Press the vacuum button to slowly draw your lubricated flaccid penis into the pump tube. This will help create a snug seal at the base of the body.
Keep the pump steady with one hand and use the other to operate the vacuum.
As you pump, watch your penis respond to the gradual vacuum pressure and pay attention to how it feels.
It is normal for your penis to turn red as a result of blood being drawn into the shaft. Pumping too fast may bruise or cause rupture of the blood vessels below the skin, so please take it slow.
If pain or discomfort persists, immediately stop and release the vacuum. Seek medical attention if necessary.
For best results, pump in short 5-10 second bursts and then release the suction, similarly to how you might work out muscles at the gym.
Average duration of pumping sessions is 3-5 minutes total. You must wait 60 minutes between FleshPump uses.

CAUTION:

CONSULT YOUR PHYSICIAN OR MEDICAL CARE PROFESSIONAL IF ANY COMPLICATIONS OCCUR. DISCONTINUE USE OF THE FLESHPUMP IF ANY COMPLICATIONS PERSIST.
Interactive Life Forms, LLC (“ILF”) and its affiliates are dedicated to limiting the spread of diseases from sharing or using another person’s products. Once this product is opened, it is non-returnable.

COMPLETELY READ AND UNDERSTAND THE INSTRUCTIONS (INCLUDING WITHOUT LIMITATION ALL PRECAUTIONS AND WARNINGS) PRIOR TO USING THE FLESHPUMP.

The FleshPump is designed to assist men in obtaining an erection before intercourse.

FLESHPUMP IS NOT INTENDED TO BE WORN OR USED TO PENETRATE YOUR PARTNER. YOU MAY CAUSE HARM TO YOURSELF OR YOUR PARTNER.

PRECAUTIONS/WARNINGS:

The FleshPump is made from body-safe polycarbonate/TPE and is generally safe for personal body contact. Putting the FleshPump in contact with another person’s body and/or uids is not advised due to the possibility of spreading communicable diseases.

The following precautionary measures are advised when using the FleshPump:

The FleshPump may not be safe for men who do not feel pain on the penis and its surrounding area. As the FleshPump may cause sexual arousal with increased heart and respiration rates, persons should consult their physician or medical professional before using the FleshPump and/or if you su er from any of the following: heart or lung disease; high blood pressure; stroke, epilepsy or convulsive disorder; genital or urinary disorder (e.g. kidney, bladder, testicular or penile problems or issues); diabetes or if you take anti-coagulants, large quantities of aspirin or other blood thinners; if you have sickle cell disease, bleeding disorders or leukemia; or you have a history of prolonged erections.

This product is intended for use by a single person.
Consult your physician or medical professional before using the FleshPump or if you (i) have reduced sensation in the genital area or experience other genitalia issues or (ii) experience discomfort during or after use. If at any time you experience pain or discomfort, immediately stop using the FleshPump and consult a physician or medical professional as soon as possible for advice.
The wearer must be in control of the FleshPump at all times. Avoid falling asleep while using the FleshPump or using the FleshPump while under the in uence of drugs or alcohol. You may not feel pain while you are using drugs or alcohol.
If your hands are severely impaired, you should not use this product. You must have full use of both of your hands to safely use the FleshPump, with the strength to operate the vacuum release mechanism.
Avoid the testicles coming in contact with the vacuum-sealing area to avoid discomfort; try taking a warm shower or bath to relax the genitals prior to using the FleshPump.
Wait 60 minutes between uses. Failure to do so may injure the penis. You can severely bruise or damage your penis if you do not wait at least 60 minutes between uses of the FleshPump.
Disable the vacuum if severe pain occurs. Pain may be a sign the penis is bruising.
Never try to withdraw the penis from the FleshPump without rst pressing the vacuum release valve. Withdrawing of the penis without the vacuum release may cause harm.

It is possible that using the FleshPump may bruise or break blood vessels either immediately below the skin or deep within the penis shaft or scrotum. Internal bleeding, bruising or petechiae (small purplish spots on a body surface, such as the skin or mucous membrane, caused by a minute hemorrhage), hemorrhage or the formation of a hematoma (a localized swelling with blood that results from a break in a blood vessel) in the penis or scrotum may result.

Inferences or actions you may make or take based on the content found in this manual are made and/or taken at your own risk. If you think you may have a medical emergency, call your physician or medical professional immediately and/or visit an emergency room or urgent care facility.

The information contained in this manual is not intended to be nor should be considered as a substitute for professional medical advice, diagnosis or treatment. You should speak with a physician or medical professional to advise and/or assess your personal medical condition. Only you and/or such physician or medical professional can assess the appropriateness of products intended for your personal use.

RISKS OF VACUUM THERAPY:

Vacuum therapy is easy to use. However, there are some risks associated with vacuum therapy. It is important that you understand these risks.

READ AND UNDERSTAND THE INSTRUCTIONS COMPLETELY (INCLUDING WITHOUT LIMITATION ALL PRECAUTIONS AND WARNINGS) PRIOR TO USING THE FLESHPUMP.

VACUUM THERAPY RISKS & WARNINGS:

Do not use any electrically-powered vacuum pump in or near water. Severe bruising or damage to your penis may result if you do not wait at least 60 minutes between uses of the FleshPump.

If you use too much vacuum pressure, harm to your penis may result, including without limitation bruising or injury to your penis or scrotum. Apply only the minimum of vacuum pressure necessary to achieve an erection.

It is possible that vacuum therapy may cause a small blood blister on the head of your penis.

This is normal and should not be harmful.

Use of the FleshPump may aggravate pre-existing conditions such as priapism (a persistent, generally painful erection as a consequence of disease and not related to sexual arousal); Peyronie’s disease (the formation of hardened tissue in the penis that causes pain, curvature, and/or distortion, usually during an erection); and urethral strictures (an area of hardened tissue, which narrows the urethra sometimes making it difficult to urinate).

Use of the FleshPump may mask an underlying cause of your impotence. These causes may include: diabetes, multiple sclerosis, chronic kidney failure, cirrhosis of the liver, or alcoholism. You should talk to your physician or medical professional before using this product.

I have read the instructions and precautions for this product, and agree to the terms.

I AGREE I DISAGREE