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Terms & Conditions

FLESHLIGHT INTERNATIONAL S.L.

TERMS OF SALE AND USE

Effective as of September 26, 2016

 

 

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.

 

  1. STRUCTURE OF OUR TERMS AND THEIR APPLICATION:

 

These terms are divided into two main sections:

 

Section B: Terms of Sale.

Section C: Terms of Use.

 

The terms in section B (“Terms of Sale”) apply to the Fleshlight International S.L. (collectively, referred to herein as “FLI,” “we” or “us”) website located at www.fleshlight.com .

 

Further, the terms in section C (“Terms of Use”) apply to www.fleshlight.com as well www.fleshjack.com, www.fncash.com,  and all associated sites linked to the foregoing by FLI, its subsidiaries and affiliates, including FLI sites around the world(collectively, the “Site”). The Site is the property of FLI and its licensor.

 

  1. TERMS OF SALE:
  2. Purpose

1.1. These Terms of Sale (hereinafter, the Terms of Sale) pertain to the remote purchase of products, via the Internet, from the website www.fleshlight-international.eu (hereinafter, the Website).

1.2. The Website is operated by Fleshlight International S.L. (collectively, referred to herein as “FLI”, “we” or “us”) with Spanish incorporation no. ESB91871202 and registered address and business premises at Calle Torre De Los Herberos No. 23, Polígono Industrial Carretera de la Isla, 41703 Dos Hermanas, Seville, Spain, and the following email address: customerservice@fleshlight.com.

  1. Acceptance of the Terms of Sale and Use

2.1. All purchases of products carried out through the Website (hereinafter, the Purchase Agreements) by users who access the Website (hereinafter, "You", “User”, or, collectively, "Users”) are governed by the Terms of Sale and Use and by appropriate national consumer legislation.

2.2. At the execution of the Purchase Agreement, pursuant to the procedure, the User agrees and undertakes to comply with the Terms of Sale and Use.

2.3. Prior to carrying out any purchase transaction, the User is therefore required to carefully read the Terms of Sale and Use made available by FLI also for the purpose of allowing them to be saved or printed in compliance with national consumer provisions.

2.4. FLI may amend the contents of these Terms of Sale and Use at any time and without prior notice. The Terms of Sale and Use published on the Website at the time a purchase order is sent by a User will apply to each individual Purchase Agreement, cf. also Item C.IV below.

  1. Products

3.1. The Website (www.fleshlight-international.eu)is a website that sells adult toys, sex toys, novelties and related accessories under the FLESHLIGHT, FLESHLIGHT GIRLS, FLESHJACK, FLESHJACK.COM, FLESHJACK BOYS, FLESHLUBE, FLESHSKIN, FLESHJIMMIES, FLESHJIMMYS, FREAKS!, FLIGHT, BLADE, EQUIFOAL, G DESIGN, PINK LADY,REAL FEEL SUPER SKIN, SEX IN A CAN and SWORD and any future brands offered on the Website (hereinafter, the “Products”).

3.2. All the Products on sale are illustrated in detail on the Website's homepage.

3.3. The visual display of Products on the Website, where available, has an approximate value only, and it is usually in the form of a photo image of the Products themselves, with the sole purpose to present them for sale, without any guarantee or commitment by FLI regarding the exact match of the image depicted on the Website with the actual Product; this specifically refers to the actual dimensions and/or colours of the Products and/or the packages, cf. also Item C.XVIII below.

3.4. In case of a difference between the image and the written product specifications, the latter will always prevail.

  1. Purchasing procedure

4,1, The User may purchase the Products on the Website as described in the product specifications posted on the Website complying with the technical access procedures explained herein.

4.2. In order to purchase the Products, the Users will have to register themselves on the Website by entering their personal information and fill out and send to FLI the order form in electronic format available on the Website, following the instructions provided on said form. The purchase orders must be duly filled out in all their parts.

4.3. The User will have to add the selected Products to the “Shopping Cart” and, after choosing the courier, seeing and accepting the amount of the delivery charges, will be able to proceed with the purchase.

4.4, Should the User need to change the purchase order or certain data contained in it, they will have to follow the special procedure explained on the Website. Specifically, the User will be entitled to change the quantity of the Products being purchased, adding or eliminating one or more Products from the Shopping Cart.

4.5. Once this operation is finished, the User will see a screen appear containing a summary of the purchase order, inclusive of the shipping charges, and will be asked to confirm once again the purchase procedure.

4.6. After viewing the order summary, the User will have to select the type of payment desired (credit card or other form of payment made available on the Website), and then send the order by clicking on the order button.

  1. Contract conclusion

5.1 The publication of Products on the Website constitutes a contractual purchase offer. An order sent by a User has contractual value and implies the execution of the purchase agreement with FLI and complete awareness and acceptance of these Terms of Sale and Use.

5.2. Each Purchase Agreement stipulated between FLI and the User shall be followed with the sending of the acceptance of the order by FLI at the e-mail address of the User. This confirmation message will indicate an "Order Number," to be used in all subsequent communications with FLI. The message will reiterate, in addition to the information required by law, all the data entered by the User, who agrees to verify its accuracy and immediately give notice of any corrections. Any extra costs incurred due to incorrect information which was not promptly reported will be the User's exclusive responsibility.

5.3. The Users may view all their orders on the Website in their FLI account, or by contacting the FLI Customer Service at customerservice@fleshlight.com, immediately after sending the orders.

5.4. Occasionally, some Products offered may not be available and, in that case, if the products selected by the User are not available, either in full or in part, the order will be sent with the available products after having notified the User about the unavailable product(s).

5.7. The User may verify at any time the content of the concluded Purchase Agreements by contacting the FLI Customer Service. This information will be available for a 12-month period following the delivery date of the Products.

  1. Product Pricing

6.1. All Product prices are clearly indicated on the Website and include VAT. Shipping expenses are adequately displayed at the time of the order. The cost for each shipment may vary, depending on the shipping and payment methods as well as the final destination and total order amount.

  1. Invoicing and Payment terms

7.1. FLI shall issue an invoice for the purchased Products when said Products are prepared and turned over to the courier for shipping, sending it to the User by e-mail. When issuing the invoice, FLI relies on the information provided by the User. Once the invoice is issued it will not be possible to make any changes to this information.

7.2. The purchased Products may be paid by means of credit card or other form of payment made available on the Website according to the methods specified here below:

Online credit cards

The following credit cards are accepted: Visa, Master Card, American Express, Discover and JCB.

All information is transferred in encrypted form through an SSL certificate and therefore cannot be intercepted by outside parties.

  1. Shipping Methods and Charges

8.1  FLI agrees to deliver the Products without undue delay and in any case within 30 days from the execution of the Purchase Agreement. Products are delivered by way of courier, and delivery times vary depending on the place of destination. In any event, the delivery dates indicated at the time the purchase order is placed are approximate.

8.2. FLI ships to all countries in the EU and delivery is made without an appointment.

8.3. FLI will not be liable in any way towards the User for any delays in filling the order or in delivering the Products listed in the Purchase Agreement.

8.4. The ordered Products will be sent to the mailing address specified by the User. Once FLI has turned over the products to the courier, the User will receive an e-mail confirming the shipment.

8.5. Deliveries are made from Monday to Friday, during normal business hours, except on national holidays, according to the terms and conditions set forth by the courier chosen by the User. The delivery is deemed to have been completed when the Products are made available to the User at the address specified on the order form. In the event that a delivery cannot be made due to the recipient’s absence at the specified address, the courier will send an e-mail and reattempt delivery according to the terms and conditions set forth by the courier. If delivery cannot be completed the following day either, again due to the recipient's absence, Customer Service will attempt to contact the User in order to schedule a new delivery date. In the event that Customer Service is not able to contact the User over the next 10 days and if delivery continues to be impossible due to the recipient's absence, the Products listed in the order will be returned to FLI. Once 30 (thirty) days have elapsed from the date the Products listed in the order were returned to FLI because it was not possible to complete the delivery, the contract will be terminated and the purchase order cancelled. FLI will then proceed to refund the amount paid by the User, net of the costs incurred to return the Products and of expenses for their storage at the facilities of the courier in charge of their delivery.

8.6. Termination of the contract and the amount of the refund will be notified via e-mail. The refund amount will be credited on the payment method used by the User for the purchase. In the event that, before the 30-day period elapses, the User once again requests to receive the purchased Products, FLI will proceed with the new delivery after debiting the charges for this new delivery as well as the costs for returning the Products to FLI and the storage fees.

8.7. At the time of delivery of the Products by the courier hired by FLI, the User is required to carefully check:

  1. a) that the packaging has not been damaged or otherwise altered.
  2. b) that the number of delivered pieces matches the amount indicated in the shipping document.

8.8. The User must immediately report any damage to the packaging or to the Products or if the number of units/packages or indications do not match, by contacting FLI’s Customer Service, indicating the order for which these problems occurred.

8.9. Cases of force majeure, unavailability of means of transportation, and unforeseen or unavoidable events outside of FLI’s control that result in a delay in deliveries or make deliveries difficult or impossible or cause significant increases in FLI's delivery expenses, will give the latter the right to split up, resend or cancel the order, in full or in part, or to cancel the Purchase Agreement. In these cases, FLI must immediately inform the User of its decision by sending an e-mail to the address provided by User, with the User only being entitled to a refund of any sums already paid, excluding any other claims against FLI, for any reason.

  1. Right to Withdraw and its effects

9.1. The User has the right to terminate the Purchase Agreement, at its discretion and without giving any reason, within 14 days (“withdrawal period”).

9.2 The withdrawal period expires: (a) 14 days after the User, or a third party other than the carrier and indicated by you acquires, physical possession of the Products or (b) in case of a Purchase Agreement relating to multiple Products ordered by the User in a single order and delivered separately, 14 days after the User, or a third party other than the carrier and indicated by you acquires, physical possession of the ordered Product.

9.3 To exercise the right of withdrawal, the User must inform FLI of the decision to terminate the Purchase Agreement by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). For this purpose, the User may fill in and submit electronically to FLI the standard withdrawal form that is on the Website (www.fleshlight-international.eu). If the User chooses this method, FLI will send a confirmation of receipt of the withdrawal on a durable medium (e.g. by e-mail) without delay.

9.4 In order to comply with the withdrawal period, it is sufficient for the User to send the notice of withdrawal before the expiration of the withdrawal period.

9.5 If the User withdraws from the Purchase Agreement, all the payments made in favour of FLI will be refunded, including costs of delivery (with the exception of the supplementary costs resulting from the User’s choice of a type of delivery other than the least expensive type of standard delivery offered by FLI, i.e. “standard method”), without undue delay and in any case not later than 14 days from the day FLI is informed of the decision to exercise the right to withdrawal.

FLI will carry out such reimbursement using the same method of payment used by the User for the purchase of the Products, unless the User has expressly agreed otherwise; in any event, the User will not incur any fees as a result of such reimbursement, except for what is indicated in paragraph 9.6 below. FLI may withhold reimbursement until FLI has received the goods back or the User has supplied evidence of having sent back the goods, whichever is the earliest

9.6 The User must send back the Product(s) or deliver the Product(s) to FLI at Calle Torre De Los Herberos No. 23, Polígono Industrial Carretera de la Isla, 41703 Dos Hermanas, Seville, Spain without undue delay and in any event not later than 14 days from the day on which the User communicated the withdrawal from the Purchase Agreement to FLI. The deadline is respected if the User sends back the Products before the expiration of the period of 14 days. The User will have to bear the direct cost of returning the Product(s). The User is responsible only for the diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products.

 

9.7. In any case, the User cannot exercise the right to withdrawal in the case of sealed goods which are not returnable for reasons of hygiene or related to health protection and that have been unsealed after delivery.

  1. Product non-compliance and provisions on Sale of Goods and Product liability

10.1. Products offered on the Website comply with Spanish and EU legislation currently in force. The images and colours of the Products published on the Website may differ from their actual images and colours due to the display settings of the local computer systems and/or devices used to display them.

10.2 The present Terms of Sale and Use shall apply without prejudice to statutory provisions on Sale of Goods and Product liability set forth by Spanish or other applicable local law. Further, local codes of conduct may be applicable, if the subject matter is not already covered by the provisions of the present Terms of Sale and Use.

  1. Processing of Personal Data

FLI processes User-related information in accordance with the provisions of existing laws on the subject of personal data protection, as specified in our separate Privacy and Cookie Policy found on the Website.

  1. Communications and claims

All communications or claims from Users to FLI pertaining to Purchase Agreements must be communicated using the email address: customerservice@fleshlight.com.

  1. 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 FLI 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 FLI's prior written authorization, which exclusively reserves itself all relevant rights.

  1. Applicable law and Place of jurisdiction

14.1 These Terms of Sale and Use as well as any other contract entered into with the User shall be construed and enforced in accordance with the laws of Spain without regard to any conflict of law provisions, cf. also Item C.XXIV below.

14.2 In the event the parties cannot reach an amicable resolution of their dispute relating to the Terms of Sale and Use or FLI, 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 Seville as the first court instance, cf. also Item C.XXV below.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  1. TERMS OF USE:

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 FLI, 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
  2. “Affiliate” means any business entity with which FLI has a business or contractual relationship, including, but not limited to, agents, partners, associates, and parent or subsidiary entities.
  3. “Content” means any intellectual property, data, or communications Transmitted by FLI, 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.
  4. “Customer” means a User who has purchased a product.
  5. “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.
  6. “Customer Data” means personally identifiable information voluntarily Transmitted by a User to the Site in order to purchase a product.
  7. “Fleshlight Community” means the collective membership of the Forum and Fleshlight Videos.
  8. “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.
  9. “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.
  10. “Fleshlight Videos Account” means a personal account created by a User who has Registered with Fleshlight Videos.
  11. “Fleshlight Videos Member” means a User that has Registered a Fleshlight Videos Account.
  12. “Forum Member” means a User that has Registered with the Forum.
  13. “Forum Membership” means a personal account created by a User who has Registered with the Forum.
  14. “FLI Content” means Content generated by FLI.
  15. "FLI 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 FLI 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 FLI trademarks, domain names, patents, and other intellectual property.
  16. “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.
  17. “Register” means to create either a Fleshlight Videos Account or Forum Membership by voluntarily Transmitting Membership Data to the Site.
  18. “Transmit” means uploading, submitting, posting, distributing, downloading, disseminating, receiving, or otherwise making available Content.
  19. “User” means an individual who accesses and/or uses the Site.
  20. “User Content” means any Content Transmitted by Users.
  21. “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.

III.          Privacy

FLI 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 and Cookie Policy, and is hereby incorporated into the Terms of Sale and Use by reference. Please read this policy carefully for information related to FLI’s collection, use, and disclosure of Your personally identifiable information.

  1. Change of Terms of Sale and Use

FLI or an Affiliate may modify, alter, or otherwise update the Terms of Sale and Use at any time. Such modifications shall be effective immediately upon posting. You are responsible for regularly reviewing the Terms of Sale and 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.

  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 “FLI 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 FLI or its licensors, software or other materials. FLI grants You a limited, personal, non‐exclusive, non‐transferable, freely revocable license to access and/or use FLI Content and FLI Technology that is on the Site for Your personal use as a part of the Fleshlight Community. Furthermore, FLI grants You a limited, personal, non‐ exclusive, non‐transferable, freely revocable license to Transmit FLI Content provided on Fleshlight Videos and the Forum via the FLI Technology provided in these sections of the Site.

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

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 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 FLI, 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 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 FLI 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 FLI, 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 specific Submission uploaded to the Site or sent to us by You.

All messages transmitted to FLI 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 FLI 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, FLI 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 XI below, with a written notice (email is sufficient) in accordance with our DMCA and FLI Policies, cf. item XI below.

VII.         Fleshlight Videos Accounts

Fleshlight Videos allows all Users to access and Transmit Content via FLI 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 FLI 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. FLI reserves the right to reject or remove any username, Fleshlight Video Account, and/or Fleshlight Videos Member at the discretion of FLI. 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. FLI 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 FLI of any actual or suspected breach of security or unauthorized use of Your Fleshlight Videos Account.

VIII.       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 FLI 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. FLI reserves the right to reject or remove any username and/or Forum Member at the discretion of FLI. 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. FLI 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 FLI of any actual or suspected breach of security or unauthorized use of Your Forum Membership.

  1. FLI Content

Unless otherwise noted, all Content on the Site that is not User Content is FLI Content and is owned, controlled, or licensed by FLI 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 FLI Content or in FLI Technology unless otherwise noted in writing by FLI. You may not copy, reproduce, frame, republish, download, upload, post, transmit, distribute, hyperlink, or exploit FLI Content for commercial use in any way without the prior written consent of FLI.

  1. License to Access and/or Use

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

  1. Reservation of Rights.

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

  1. Prevention of Unauthorized Use.

FLI reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Site, FLI Content, and FLI 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

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.

  1. Retention of Ownership

FLI 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 FLI 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 FLI does not retain any license rights except as provided in the Terms.

  1. License Grant to FLI

BY TRANSMITTING YOUR CONTENT ON THE SITE OF VIA FLI TECHNOLOGY, YOU THEREBY GRANT FLI 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 Fleshlight Videos Members and/or Forum Members you acknowledge that FLI 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 FLI. We encourage You to be sure You are comfortable with this possibility before Transmitting Your Content via the Site. You should be aware that FLI is not required and may not keep back-¬up copies of Your Content. Additionally, FLI 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 FLI 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 FLI 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 FLI 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. FLI 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 FLI 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 FLI with respect thereto. FLI does not endorse any User Content and cannot vouch for its accuracy or appropriateness or any opinion, recommendation, or advice expressed therein, and FLI 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, FLI 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, FLI does not permit copyright or trademark infringing activities on the Site.

  1. Removal of User Content

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

  1. Digital Millennium Copyright Act Policy and FLI Copyright Policy

FLI respects the intellectual property of others, and we ask that You, Users, and Customers and to the Site 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 also to 17 U.S.C. - 512(c)) must be provided to FLI’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 FLI’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 FLI in connection with the written notification and allegation of copyright infringement.

The designated Copyright Agent for FLI 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.

XII.         User Disputes

While FLI 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.

XIII.        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.

XIV.       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.

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

  1. Access and Availability of Services and Links

The Site may contain links to other websites operated by persons or entities other than FLI. 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 FLI. 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. FLI 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, FLI 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.

XVI.       Changes to the Site

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

XVII.      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 FLI’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. FLI 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. FLI 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 FLI OR THIRD PARTIES THROUGH THE SAME ARE PROVIDED "AS IS." FLI 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. FLI 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. FLI 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.

 

XVIII.     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 colour representation as colour may vary due to computer monitors, software, hardware and internet connections, cf. also Item B.3.3-3.4 above. In the event of a typographical error, pictorial error, technical error or other inaccuracy, FLI reserves the right to make improvements, corrections or changes without notice. FLI reserve the right to change formulation or packaging at any time without notice. FLI reserves the right to change pricing without notice.

XIX.        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. For Novelty Use Only

All products sold by FLI are for novelty use/purposes only. Customers must read any literature included with the products sold on the Site for usage information.

XXI.        Limitation of Liability and Damages

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FLI, 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 FLI, EVEN IF FLI OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FLI’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED Euros (€100.00) OR THE PURCHASE PRICE OF THE PRODUCT (WHICHEVER IS THE HIGHEST AMOUNT).

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THE TERMS 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.

XXII.      Indemnification

You hereby agree to indemnify, defend and hold FLI, 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. FLI 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 FLI without FLI’s prior written approval.

XXIII.     Waiver

The failure of FLI 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 FLI.

XXIV.     Governing Law.

The Terms of Sale and 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.

XXV.      Jurisdiction.

In the event the parties cannot reach an amicable resolution of their dispute relating to the Terms of Sale and Use or FLI, 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 Seville as the first court instance, cf. also Item B.14.2 above.

XXVI.     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.

XXVII.   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.

XXVIII.  Assignment

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

XXIX.     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.

XXX.      Relationship

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

XXXI.     Entire Agreement

The Terms, the Privacy Policy and any other terms referenced in the Terms are the entire agreement between You and FLI 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 FLI as set forth in Section IV of the Terms.

XXXII.    Contact Information

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

Fleshlight International S.L

Calle Torre De Los Herberos No. 23

Polígono Industrial Carretera de la Isla

41703 Dos Hermanas, Seville, Spain

Email address: customerservice@fleshlight.com

XXXIII.  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 FLI. 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 FLI’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.

XXXIV.  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 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 FLI in advance and in writing.

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