FleshAssist's Terms of Use

TERMS OF USE

EFFECTIVE 4th April, 2019

This website is operated by FleshAssist (hereafter referred to as “FA”, “we” or “us”) with the following email address: [email protected].

AGE REQUIREMENT

THE SITE (INCLUDING ALL ASSOCIATED SITES) AND ITS GOODS AND SERVICES 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.

  • Intellectual Property Rights

All trademarks (registered or not) as well as any intellectual property, distinguishing marks or names, images, photographs, written texts or graphics and more generally, any other intangible assets protected by national or international laws on intellectual property and industrial property rights reproduced on the Site will remain the exclusive property of FA and/or its assignors, and accessing the Site and/or concluding Purchase Agreements does not afford the User any rights thereupon. Any use thereof, including only in part, is prohibited without FA's prior written authorization, which exclusively reserves itself all relevant rights.

  1. Definitions

    1. “Content” means any intellectual property, data, or communications Transmitted by FA, 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.

    2. “Account” means a User who has opted to create a unique account on the Site in order to store their User Data and allow the Site to provide additional services.

    3. “User Data” means personally identifiable information voluntarily Transmitted by a User to the Site in order to purchase a product in addition to 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.

    4. “FA Content” means Content generated by FA.

    5. "FA 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 FA 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 FA trademarks, domain names, patents, and other intellectual property.

    6. “Membership Data” means personally identifiable information voluntarily Transmitted by a User to the Site in order to interact with the Site's features.

    7. “Register” means to create either a FleshAssist Account by voluntarily Transmitting Membership Data to the Site.

    8. “Transmit” means uploading, submitting, posting, distributing, downloading, disseminating, receiving, or otherwise making available Content.

    9. “User” means an individual who accesses and/or uses the Site.

    10. “User Content” means any Content Transmitted by Users.

    11. “Your Content” means any Content You Transmit via the Site.

 

  1. 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.

  1. Privacy

FA 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 FA’s collection, use, and disclosure of Your personally identifiable information.

  1. Change of Terms of Use

FA may modify, alter, or otherwise update the Terms of Use at any time. Such modifications shall be effective immediately upon posting. You are responsible for regularly reviewing the Terms of Use. Your continued access to and/or use of the Site constitutes Your agreement to all such modifications, cf. also Item B.2.4 above. Any Users with an Account on Site will receive a notifcation via email about any changes to the Terms of Use or Privacy Policy documents made.

  1. Personal Non-Commercial Use Only

The contents of the Site are intended for the personal, non-commercial 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 “FA Content”) are protected by copyright, trademark and all other applicable intellectual property laws as well as other applicable civil, criminal and public laws, and are owned or controlled by FA or its licensors, software or other materials. FA grants You a limited, personal, non‐exclusive, non‐transferable, freely revocable license to access and/or use FA Content and FA Technology that is on the Site for Your personal use as a part of the FleshAssist Community. Furthermore, FA grants You a limited, personal, non‐ exclusive, non‐transferable, freely revocable license to Transmit FA Content provided on FleshAssist via the FA Technology provided in these sections of the Site.

You may not use the Site for any other purpose without FA’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 FA Content from the Site and reformat and display said FA 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 FA’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 FA 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 FA, 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 FA’s prior written consent. You agree to cooperate with FA 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 FA’s or its licensor’s name or trademarks without the express prior written consent of FA.

Illegal and/or unauthorized uses of the Site, including collecting User and/or Membership Data, or other personally identifiable information of Users and/or Members by electronic or other means, or the sending 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 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 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 FA, WE WILL BE ENTITLED TO LIQUIDATED DAMAGES IN THE AMOUNT OF € 5,000 FOR EACH VIOLATION.

  1. User Submissions

You agree that any information, feedback, questions, comments and/or submissions to any of the User Content 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 FA 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 FA 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 specific Submission uploaded to the Site or sent to us by You.

To enable FA 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, FA will only use Your personal information in accordance with our Privacy and Cookie 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, cf. contact details in item 11 below, with a written notice (email is sufficient) in accordance with our DMCA and FA Policies, cf. item 11 below.

  1. Account Membership

In order to gain access to certain Site features, You must become a Member by creating an Account. In order to create an Account, 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 Account 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 FA or the FleshAssist 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 Members. FA reserves the right to reject or remove any username and/or Member at the discretion of FA. In creating a 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 Memberships. FA 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 Membership. You are solely responsible for the confidentiality and security of Your username and password. You agree to immediately notify FA of any actual or suspected breach of security or unauthorized use of Your Membership.

  1. FA Content

Unless otherwise noted, all Content on the Site that is not User Content is FA Content and is owned, controlled, or licensed by FA and is protected by copyright, trademarks, service marks, and/or other intellectual property rights and/or in private law as well. You agree that You shall acquire no rights in FA Content or in FA Technology unless otherwise noted in writing by FA. You may not copy, reproduce, frame, republish, download, upload, post, transmit, distribute, hyperlink, or exploit FA Content for commercial use in any way without the prior written consent of FA.

    1. License to Access and/or Use

FA grants You a limited, personal, non-¬‐exclusive, non-¬‐transferable, freely revocable license to access and/or use FA Content and FA Technology that is on the Site for Your personal use as a part of the FleshAssist Community. Furthermore, FA grants You a limited, personal, non-¬exclusive, non-transferable, freely revocable license to Transmit FA Content provided on FleshAssist via the FA Technology provided in these sections of the Site. You may only Transmit the FA Content in these sections of the Site and it may only be Transmitted via the FA Technology provided in these sections of the Site. All other Transmission of FA Content or FA 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 FA Content or FA Technology in any manner unless otherwise noted in writing by FA. This limited license terminates automatically, without notice to You, if You breach any of the Terms.

    1. Reservation of Rights

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

    1. Prevention of Unauthorized Use.

FA reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Site, FA Content, and FA Technology, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.

  1. User Content

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

    1. Retention of Ownership

FA 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 FA Technology needs to comply with the Terms. At any point, you can remove Your Content and cancel Your FleshAssist Account and FA does not retain any license rights except as provided in the Terms.

    1. License Grant to FA

BY TRANSMITTING YOUR CONTENT ON THE SITE OF VIA FA TECHNOLOGY, YOU THEREBY GRANT FA A NONEXCLUSIVE, ROYALTY-FREE, PERPETUAL, 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 Members you acknowledge that FA 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, an Account and/or Membership is removed from the Site, the Content, Account, and/or Membership may also be deleted at the discretion of FA. We encourage You to be sure You are comfortable with this possibility before Transmitting Your Content via the Site. You should be aware that FA is not required and may not keep back-up copies of Your Content. Additionally, FA makes no guarantee that Your Content will be safely stored on the Site and You should independently back-up Your Content.

    1. License Grant to Other Members

By Transmitting Your Content on the Site or via FA 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.

    1. 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 FA 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 FA 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. FA reserves all rights and remedies against any Users who violate the Terms.

    1. User Content Disclaimer

You understand that when using the Site You will be exposed to User Content from a variety of sources, and that FA 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 FA with respect thereto. FA does not endorse any User Content and cannot vouch for its accuracy or appropriateness or any opinion, recommendation, or advice expressed therein, and FA 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, FA 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, FA does not permit copyright or trademark infringing activities on the Site.

    1. Removal of User Content

FA may, but is under no obligation to, monitor Your conduct with respect to Your use of the Site for violations of the Terms. FA 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 FA suspects a violation of the Terms. FA may also suspend or terminate Your Account, and/or Membership, if FA deems it necessary in order to protect the Site, FA, its parent, affiliates, directors, officers, agents, and employees from any form of harm.

  1. Digital Millennium Copyright Act Policy and FA Copyright Policy

FA respects the intellectual property of others, and we ask that You, Users, and Users and to the Site do the same.

If You believe that one of our Users 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 also to 17 U.S.C. - 512(c)) must be provided to FA’s designated Copyright Agent:

    1. Identification of the copyrighted work(s) that You claim to have been infringed

    2. Identification of where the infringing material is located on FA’s Site

    3. A statement that You have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law

    4. A statement that the information in the notification is accurate, and 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

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

    6. Your physical or electronic signature

Please note that pursuant to these Policies 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 FA in connection with the written notification and allegation of copyright infringement.

The designated Copyright Agent for FA is:

E-mail: [email protected].

 

  1. User Disputes

While FA reserves the right, but has no obligation, to monitor or moderate disputes between You and other Members, You are solely responsible for Your interactions with other Members.

  1. Offsite Interaction with Other Users

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

  1. 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 Site were over the age of eighteen years at the time of the creation of such depictions.

All other visual depictions displayed on the Site 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.

FA is not the copyright holder for user-submitted content on this site. If you are the copyright holder or an actor/actress featured in any photograph on this site and wish to have this content removed, please contact us at info [at] fleshassist [dot] com and we will remove the content without hesitation.

 

  1. Access and Availability of Services and Links

The Site may contain links to other websites operated by persons or entities other than FA. The links are provided as a resource only and the links may redirect You off of the Site to a third party website. Interactions and/or transactions that occur between You and any such third party are strictly between You and that third party and are not the responsibility of FA. 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. FA 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, FA 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.

  1. Changes to the Site

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

  1. Representations and Warranties; Disclaimer of Warranties

    1. You represent, warrant and covenant (1) that no materials of any kind submitted by You or through Your account, or FA’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.

    2. FA makes no representation that the Content on the Site is appropriate for access outside of the EU. Those who choose to access the Site from outside of the EU do so on their own initiative and are responsible for compliance with local laws.

    3. FA 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 FA OR THIRD PARTIES THROUGH THE SAME ARE PROVIDED "AS IS." FA MAKES NO, AND HEREBY DISCLAIMS ALL, WARRANTIES (EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY), CONDITIONS, GUARANTIES, OR REPRESENTATIONS, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SITE. FA 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. FA 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.

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

  1. Medical and Legal Disclaimer

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

  1. Indemnification

You hereby agree to indemnify, defend and hold FA, its affiliates and their respective officers, directors, owners, agents, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all causes of action, claims, liabilities and costs incurred by the Indemnified Parties in connection with any claim arising from of (a) Your Content, and/or (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 defence of any claim. FA reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You. You shall not enter into any settlement agreement which affects the rights of FA without FA’s prior written approval.

  1. Waiver

The failure of FA to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by duly authorized agent of FA.

  1. Governing Law.

The Terms of Use have been made in and shall be construed and enforced in accordance with the laws of Spain without regard to any conflict of law provisions, cf. also Item B.14.1 above.

  1. Jurisdiction.

In the event the parties cannot reach an amicable resolution of their dispute relating to the Terms of Use or FA, the dispute shall be resolved by a national court of law in Your country of residence provided You are a consumer domiciled within the EU. Otherwise the dispute shall be resolved by the Spanish courts with the District Court of Santa Cruz de Tenerife as the first court instance, cf. also Item B.14.2 above.

  1. 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 by amicable settlement.

  1. 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.

  1. Assignment

Your rights and licenses under the Terms may not be transferred or assigned by You, but may be assigned by FA without restriction. Any assignment attempted to be made in violation of the Terms shall be void.

  1. 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.

  1. Relationship

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

  1. Contact Information

Any comments, complaints, or requests for further information can be directed to:

Email address: [email protected]

 

  1. Copyright Notice

Copyright © FleshAssist. 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 FA. 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 FA’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.

  1. Trademarks

FLESHLIGHT, FLESHJACK, FLESHLIGHT GIRLS, FLESHGRIP, FLESHJACK.COM, FLESHLUBE, SEX IN A CAN, FLESHWASH, BLADE, SWORD, FAGHT, FREAKS!, FLESHJACK BOYS, REAL FEEL SUPER SKIN, VIBRO, FAGHT MD, FLESHLIGHT MD, PINK LADY, FLESHSKIN, PERFORMANCE IS PLEASURE, PLEASURE IS PERFORMANCE, FLESHJIMMYS, FLESHJIMMIES, TURBO 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 and other national or regional trademark offices. 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 FA in advance and in writing.

FA, FleshAssist and Site does not encourage the use of any acts of infringement or copyright crime. All Intellectual Property not belonging to FleshAssist is stated, with the respectful copyright holders, above. Use of Content without permission is not permitted and will be pursued.

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