Website Terms And Conditions of Use
Thank you for using Pleasuring Her! (“we”). These Terms of Service (“TOS”) govern the use of Pleasuring Her online at PleasuringHer.io and on mobile devices (collectively, “Pleasuring Her”).
These TOS represent a binding contract between you and Inc, and by creating an account or otherwise accessing Pleasuring Her, you expressly agree to be bound by them, INCLUDING THE AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTION CLAIMS CLAUSE CONTAINED IN SECTION 11. The TOS incorporate the provisions of the Privacy Policy so please review them carefully as well. If you do not agree to be bound by the TOS, you may not use or purchase Pleasuring Her.
Your Account Information and Email
Pleasuring Her provides videos, images, graphics, text and interactive simulations to be used by responsible adults, to inspire and offer insight. When you create an account, we require you to provide information about yourself, including an email address where we can contact you. This need not be your primary email address – just an account where you can receive necessary transactional emails. Some Pleasuring Her features either now or in the future may allow you to post or submit content and materials for publication on Pleasuring Her (“Your Content”). You own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer Pleasuring Her or the features you have elected to use. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it.Adults Only
The videos, images, text and simulations on Pleasuring Her .com are intended to be used by responsible adults, to inspire and offer insight. You must be at least 18 years of age to use this site.
You certify that the sexually explicit material on Pleasuring Her .com is for your own personal use and you will not expose minors to the material. You certify that you desire to view and interact with sexually explicit material. You certify that you believe that masturbation and sexual acts between consenting adults are neither offensive nor obscene. The viewing, reading and downloading of sexually explicit materials does not violate the standards of your community, town, city, state or country. You are solely responsible for any false disclosures or legal ramifications of viewing, reading or downloading any material in this site. Furthermore, neither this website, nor its affiliates will be held responsible for any legal ramifications arising from fraudulent entry into or use of this website. You agree that by viewing and using the content on Pleasuring Her .com, You are subjecting yourself and any business entity of which you have any legal or equitable interest to the personal jurisdiction of Canada should any dispute arise at any time between this website and yourself and/or such business entity.
You’ve read and fully understand the above agreement, and you affirm and swear that viewing/downloading/receiving sexually explicit materials does not violate the standards of your community, that you won’t make any of the materials available to minors in any form, that you believe it is your constitutional right to view these materials, that you are wholly liable for any legal ramifications that may arise for your receiving or viewing of these materials.
Intellectual Property
Pleasuring Her is protected by U.S. and international intellectual property laws and you agree to abide by them. Without our prior written consent, you may not download, copy or store Pleasuring Her content in any form outside of Pleasuring Her and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any Pleasuring Her content. You agree that all videos, images, text, data and algorithms in our site and our simulation files and associated servers are “trade secrets” as defined, without limitation, under Canadian Law. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights in Pleasuring Her . All intellectual property rights in Pleasuring Her are, as between you and For Pleasuring Her, the sole and exclusive property of For Pleasuring Her.
We appreciate when you provide us feedback through customer service or by email or social features, but we may use any feedback, comments, or suggestions without any obligations to you.
Your License to Use Pleasuring Her
We are providing you with access to Pleasuring Her pursuant to a limited, non-exclusive, non-sublicenseable, non-transferable, revocable license. You can use Pleasuring Her for personal, non-commercial use only, and subject to the TOS. This license is available to you as long as you are not barred from Pleasuring Her by applicable law and your account is not terminated by us or by you. If the TOS are not enforceable where you are located, you may not use Pleasuring Her . For Pleasuring Her reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
Disclaimers
You agree that use of Pleasuring Her is at your own sole risk and that Pleasuring Her is provided on an “as is”, “as available” basis, without warranties of any kind, either express or implied. To the maximum extent permitted by law, For Pleasuring Her and its affiliates, officers and/or employees expressly disclaim any and all warranties, express or implied, regarding Pleasuring Her, including any implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you.
For Pleasuring Her strives to maintain Pleasuring Her on a commercially reasonable basis and cannot guarantee that you will have access to Pleasuring Her at all times.
Pleasuring Her is not a medical service and is not to be used for the purpose of seeking, and Pleasuring Her is not providing, medical treatment or advice.
Limitation of Liability
In no event shall For Pleasuring Her or its affiliates, officers and/or employees be liable with respect to Pleasuring Her for (i) in the aggregate, any amount in excess of the fees paid by you to subscribe to Pleasuring Her; (ii) lost profits, lost data, or failure to meet any duty including without limitation good faith and reasonable care arising out of your access to or use of Pleasuring Her; or (iii) any direct, indirect, incidental, punitive, special, exemplary, or consequential damages of any kind whatsoever.
You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between For Pleasuring Her and you. You understand that Pleasuring Her would not be provided without such limitations. Some jurisdictions do not allow the limitations in this section, so they may not apply to you.
Notice and Notice Regime
We comply with the provisions of the Digital Millennium Copyright Act applicable to service providers. If you have any complaints with respect to material posted on Pleasuring Her, you may contact our designated agent by email to complaint@PleasuringHer .io You must include the following information in your complaint:- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of the material that you claim is infringing and where it is located on Pleasuring Her;
- Your mailing address, telephone number, and if available, email address;
- A statement by you that you have a good faith belief that the use of the material on Pleasuring Her is not authorized by the copyright owner, its agent, or the law;
- A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
Indemnity
You will indemnify and hold harmless For Pleasuring Her, its affiliates, officers and/or employees, including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to Pleasuring Her, Your Content, or the violation of the TOS by you.
Release. You agree that For Pleasuring Her and its affiliates, subsidiaries, officers, directors, employees, agents, consultants, content providers, partners or suppliers (“released parties”), shall not have any liability to you under any theory of liability or indemnity in connection with your use of the site. You further agree to hereby and forever release and waive any and all claims you may have against any released parties for any and all claims, causes, damages or losses under any theory of liability (including attorneys’ fees and associated costs and expenses) arising from your use of the site. Notwithstanding the foregoing, our total liability to you by any release party shall not exceed the fees paid by you to us during your membership. In addition, should your claim arise from a purchase made on or through our site, our total damages shall not exceed the cost of the product or service purchased.
Limitation of Liability. You expressly agree as a condition of using the site that For Pleasuring Her and its directors, officers, employees, contractors, agents or sponsors are not responsible or liable to you or anyone else for any loss or injury or any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to (i) the use of or inability to use the site; (ii) any content contained on the site; (iii) statements or conduct posted or made publicly available on the site; (iv) any product or service purchased or obtained through the site; (v) any action taken in response to or as a result of any information available on the site; (vi) any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of any content on the site, or (vii) any other matter relating to the site. In no event shall For Pleasuring Her have any liability to you for any and all damages, losses, and causes of action (whether in contract, tort [including, but not limited to, negligence], statutory, or otherwise) exceed the fees paid by you to us for access to the site. In addition, should your claim arise from a purchase made on or through our site, our total damages shall not exceed the cost of the product or service purchased.
CLASS ACTION WAIVER. YOU AND FOR PLEASURING HER INC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE WITH FOR PLEASURING HER THAT NEITHER YOU NOR FOR PLEASURING HER WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR FOR PLEASURING HER WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable or that arbitration can proceed on a class basis, then this Agreement to Arbitrate shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
General
(a) Severability and Waiver. If any part of the TOS is held invalid or unenforceable, the remaining provisions of the TOS will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition in the TOS is not a waiver of its right to do so later.
(b) Change Policy. The TOS may be updated from time to time. If we make material changes, we will provide advance notice to you either by email, by posting a notification on Pleasuring Her or by posting an updated TOS on Pleasuring Her at least 30 days in advance of the effective date of the updated TOS. Please note that unless otherwise provided by applicable law, your continued use of Pleasuring Her following the effective date means that you agree with, and consent to be bound by, the updated TOS.
(c) Miscellaneous. The TOS are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the TOS. If there is any conflict between the TOS and any additional terms, conditions, and rules posted by For Pleasuring Her on Pleasuring Her, the TOS shall govern, unless otherwise indicated.
