SEXTOYSTORIES.COM POLICIES

Below are SexToyStories’ Cookie Policy, Terms of Service, Privacy Policy, and Revenue Sharing Policy. Please contact us with any questions or concerns.

Last Updated: July 2018.

  1. COOKIE POLICY
  2. TERMS OF SERVICE
  3. PRIVACY POLICY
  4. REVENUE SHARING AGREEMENT

SEXTOYSTORIES.COM COOKIE POLICY

This is the Cookie Policy for SexToyStories.com, accessible from www.sextoystories.com.

1. What Are Cookies

As is common practice with almost all professional websites this site uses cookies.

Cookies are small text files stored on your computer by your browser. They're used for many things, such as remembering whether you've visited the site before, so that you remain logged in - or to help us work out how many new website visitors we get each month. They contain information about the use of your computer but don't include any personal information.

This Cookie Policy describes what information the cookies on our site gather, how we use it and why we sometimes need to store these cookies.

2. How We Use Cookies

We use cookies for a variety of reasons detailed below.

Unfortunately, in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.

3. Disabling Cookies

You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this).

Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of this site. Therefore, it is recommended that you do not disable cookies.

4. The Cookies We Set

·         Email newsletters related cookies

This site offers newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.

·         Surveys related cookies

From time to time we offer user surveys and questionnaires to provide you with interesting insights, helpful tools, or to understand our user base more accurately. These surveys may use cookies to remember who has already taken part in a survey or to provide you with accurate results after you change pages.

·         Forms related cookies

When you submit data to through a form such as those found on contact pages or comment forms cookies may be set to remember your user details for future correspondence.

·         Site preferences cookies

In order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences and prior selections, we need to set cookies so that this information can be called whenever you interact with a page is affected by your preferences.

5. Third Party Cookies

In some cases, we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.

·         This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.

·         Third party analytics are used to track and measure usage of this site so that we can continue to produce engaging content. These cookies may track things such as how long you spend on the site or pages you visit which helps us to understand how we can improve the site for you.

·         From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimisations our users appreciate the most.

·         As we advertise products it's important for us to understand statistics about how many of the visitors to our site actually make a purchase and as such this is the kind of data that these cookies will track. This is important to you as it means that we can accurately make business predictions that allow us to monitor our advertising and product costs to ensure the best possible price.

·         We use adverts to offset the costs of running this site and provide funding for further development. The behavioural advertising cookies used by this site are designed to ensure that we provide you with the most relevant adverts where possible by anonymously tracking your interests and presenting similar things that may be of interest.

·         We use affiliate html links on the site.  Some affiliates may additionally use tracking cookies.  Affiliate links and tracking cookies allow us to see if our customers have come to the site through one of our partner sites or if our users clicked to one of our partner sites.  This is needed to appropriately credit our site and partner sites for commerce activity stimulated through our content. Where applicable, this also allows our affiliate partners to provide any bonus that they may provide you for making a purchase.  Some affiliate partners with whom we may work and use tracking include (but are not limited to) Viglink, Pepperjam, Skimlinks, and Commission Junction.

·         We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these to work the following social media sites including Facebook and Twitter, will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.

6. More Information

Hopefully that has clarified things for you and as was previously mentioned if there is something that you aren't sure whether you need or not it's usually safer to leave cookies enabled in case it does interact with one of the features you use on our site.

However, if you are still looking for more information on our Cookie Policy, you can contact us by clicking on the “Contact Us” menu option in the header.


SEXTOYSTORIES.COM TERMS OF SERVICE (ToS)

1.1    INTRODUCTION

These provisions, along with SexToyStories’ Privacy Policy are governing your use of this Website. By using SexToyStories’ Website, Content, Software and/or Services, You hereby find the Terms of Service reasonable, and fully accept them. If you do not accept the Terms of Service of use, or find them unreasonable, please stop using SexToyStories’ Website, Content, Software and/or Services.

1.2.   Usage Guidelines. Copyright notice.

You hereby agree that you are going to use this Website, Content and Services reasonably. You agree that you will withhold of any actions that can cause or could cause damage to SexToyStories’ Website, Software, Content and/or Services. You and every person you authorize with, using Your Account may not engage in any activity which may result in lowering the overall quality of the Website and Services offered therein. You and other people authorized to use your respective User Account will also withhold of any activity that may cause nuisance, or in any other way prevent any other Users from using the provided Content and Services. Any and every person shall further withhold of any actions which are recognized by law as unlawful, illegal, fraudulent or harmful towards SexToyStories’ Website, Software, Services or Functionality, and shall not, in any way promote this type of illegal activity, under the penalty of civil and penal provisions of the applicable US law. SexToyStories’ Website, Content and/or Services are not to be used for distribution of Spyware, Trojan Horses, Root kits, Keystroke Loggers or any type of Malware whilst utilizing SexToyStories, its Software and/or Services, under the penalty of the U.S. Governing civil and/or penal provisions. You and individuals Authorized to use Your User Account shall also withhold of any systematic or automated information and data collection activities, including data harvesting, limitation scraping, data mining and other similar activities without the consent of the Website’s administrators under the penalty of privacy protection statutes under U.S. Governing law. Any consent issued by the Website’s administrators on data collection will be fully coherent with the U.S. Governing law and in compliance with this Website’s set of legal documents. In the event such consent is possible to issue, due to statutory provisions by U.S. Governing law, any eventual consent will be issued in paper form upon previous request, and as such will be subject to further notification of the Website’s visitors, customers and/or Users. Without the required form and previous notification of Users, any consent given by SexToyStories in regards to data collection is null and void. This Website is not to be used for marketing purposes without the Website administrators’ consent. Such consent will be issued in proper form, in full compliance with the Privacy Policy and U.S. Governing law. One shall not transfer, sublet or otherwise dispose of their respective rights and obligations. You shall further not engage in unacceptable behavior, namely: - harassment, threatening or intimidating another User, - transmitting any unlawful, threatening, abusive, offensive, defamatory or hateful text or voice communication or images and/or other material, any ethnically or racially objectionable material, or any material infringing intellectual property, privacy and/or publicity rights of any third party, - using obscene or offensive User Names or Nick Names, - posting any material with the intention to solicit other Users, - permutation of usage of inappropriate language as to the room You are hosting, - abusing Your rights to take action against individuals logged into a specific room You are hosting, - disparaging SexToyStories’ services, SexToyStories or its representatives or employees, administration and/or other staff. SexToyStories reserves the rights to: - Restrict access to certain areas of this Website, which are not meant to be available for visitors, consumers and/or Users; - Further disable access to certain areas of this Website in full discretion of the Website’s administrators, under full discretion without a previous notice or explanation; - Restrict access to other areas of this Website, in case of violation of these provisions. These restrictions are in full SexToyStories’ discretion, and can be issued without explanation or notice; - Enable access to certain areas of the Website, providing You with a User ID and Password, which are for Your PERSONAL use. It is advised to keep these credentials confidential, in case of misuse by third parties.

1.3.   Anti-solicitation provisions

One shall withhold of any solicitation, causing or assisting to any employee, officer, director, agent, admin, commissioner, consultant or helper in: terminating, suspending, discontinuing of employment, consultancy and/or any relationship this person has with SexToyStories; becoming employed by, or work for any other person, group or entity other than SexToyStories. One shall further withhold from soliciting or causing an existing or potential Customer to cease using SexToyStories and the provided Products and Services or soliciting and causing a potential Customer to use other Products or Services competitive with SexToyStories’ Products and Services. One may NOT, in any way aid, abet or authorize any person, group or entity in any of the aforementioned actions. One shall further withhold from making any slanderous, negative or defamatory statements about SexToyStories or any of its Representatives, which may result in hurting the reputation, image or goodwill of SexToyStories or its Representatives.

2.1.   ACCOUNT USAGE

Users, for the purposes of visiting and browsing our Website may or may not have a registered account. Please note that some aspects of functionality of SexToyStories are to be limited without having a registered account. Upon registration, some personal information may be required from you. For the purposes of purchases, please see the “Purchasing on SexToyStories” subsection. The personal information that may be required from you is your contact details (such as, without limitation: name, e-mail address, shipping address, country/state, telephone number) and your billing details (such as, without limitation: the billing credentials as per your preferred way of purchasing goods from SexToyStories).

2.2.   Analytics

Certain information stored in small pieces of data may be used by the Service in order to generate anonymous analytics and advertising placements. This information is collected from Users’ behavior on the internet and our Website. They are used to generate feedback on the most relevant and visited aspects of our Service, as well as present targeted advertisements in which you may have interest in. SexToyStories, having respect to the personal information you willingly provide for us, assures you that this information is not, in any way whatsoever, relatable to your identity.

2.3.   Submissions on SexToyStories

For the purposes of this section, all forms mutual communications between users or between users and this Website’s administrators, including, but not limited to: comments, ratings or other communications such as text, videos, pictures or other multimedia files on this Website will be referred to as “User Submissions” or simply “Submissions”. User Submissions are a type of content added by (all types of) users, as opposed to the created and displayed content by SexToyStories. All content uploaded to this Service is to be regarded as a User Submission. SexToyStories does not, in any way, endorse, favor or otherwise approve of any User Submission which is freely uploaded by the Registered User. Violations of the Terms under which Content may be uploaded may result in removal of the Submission with or without previous notice. Repeated breaches of the Content Terms may result in a part-time or permanent ban of a User from accessing certain functionalities of our Service. Upon sharing your User submission, you hereby grant SexToyStories a worldwide, irrevocable, perpetual, exclusive, transferable, royalty-free, unlimited license to the story, with the right to sublicense, copy, adapt, modify, reproduce, distribute, share, license, sell, transfer, publicly display, remove, publicly perform, transmit, stream, broadcast, access, promote, view, hide, and otherwise use said Material over the World Wide Web, as well as in tangible form.  User submissions are not permitted to infringe any copyright, intellectual property right or other proprietary rights of any third party whatsoever, outside the scope of fair use. In case a user submission (ex. User comment) is used for marketing goals on behalf of SexToyStories, the name or nickname of the user may be included as a form of accreditation.

2.4    INAPPROPRIATE CONTENT NOT PERMITTED ON SEXTOYSTORIES

SexToyStories.com respects diverse perspectives and preferences.  However, below is a list of content that we do not permit in user submissions.

  1. Non-consenting or coercive sex

  2. Underage participants

  3. Beastiality

  4. Urination or defecation (scat)

  5. Content depicting sexual harassment, exploitation, or assault

  6. Use of real names or any information that may be used independently or in combination with other data to identify any person or group.

  7. Content depicting actions being taken against someone’s will or while the participant is incapable of providing informed consent

  8. Content advocating or depicting violence (note: light BDSM is permitted so long as all participants are consenting adults)

  9. Content advocating or depicting bodily harm (note: light BDSM is permitted so long as all participants are consenting adults)

  10. Affiliate links to products since they circumvent our revenue share model.  

  11. Images, links, or computer code

  12. Solicitations

  13. Any information that may be used to circumvent the revenue share model

  14. Non-original work

  15. content that promotes hatred or discrimination against an individual or group

  16. Bullying or any content that may be construed as antagonizing any person or group.

  17. Any other content that the Company deems harmful to the site at our discretion.


3.1.   PURCHASES ON SEXTOYSTORIES

SexToyStories offers a variety of Products which is available on our Website and/or the websites of our partners. For the purposes of this subsection, a “concluded sale” is a sale which has been successfully paid for. SexToyStories offers various products in various parts of its Website. Upon selecting a product, you may be prompted to a third-party website, where you will see all the specifics of your selected product. Please note that the specifics depicted upon checkout in the third-party authorized website are to supersede any offers made on SexToyStories’ Website. All further information submitted is solely in order to purchase your selected product. Please note that the Authorized third-party website collaborates with SexToyStories in order to deliver you a smooth and enjoyable experience. All further rights and obligations from concluded sales are described in our return and refund policy.

3.2.   Redeems from another source

Services may be claimed in manner of redeeming of a (including, but not limited to: a gift code or a code received by social media). The Service shall verify the code, and the User shall gain access to the services redeemed. The Service may, as part of the advertisement strategy, issue coupons for certain social media users. Please follow the instructions on such coupons and/or gift codes, as the Service may reject expired coupons.

4.1.   BREACH OF TERMS. ACCOUNT TERMINATION. INQUIRIES.

SexToyStories reserves the right to terminate a User’s access to its Website or Software if, under appropriate circumstances, they are determined to be repeated Infringers. SexToyStories further reserves the right to decide, weather User Submissions of any kind are appropriate, and if they comply with these provisions. SexToyStories reserves the right, but not the obligation to initiate personal inquiries of potential abuse and/or misbehavior personally or upon filed reports or complaints, regarding any Users’ activity. Any investigation or inquiry will be at the sole discretion of SexToyStories and it will include any steps that SexToyStories finds appropriate. Note that these steps may include disclosing User conduct to one or more entrusted parties. Sanctioned by U.S. Governing law, any misconduct and/or breach of the aforementioned usage provisions will be treated as seen fit by SexToyStories under its sole discretion.

4.2.   Discretional Rights

Methods of preventing further damage or nuisance towards other Users may, SexToyStories’ staff or other third parties towards which Users have committed a breach of their rights include: - Suspension or Termination of Your User Account with or without previous notification; - Temporary or permanent Bans from Our Websites with or without previous notification; Other methods SexToyStories’ staff/administrators see fit. Further note that SexToyStories, in dealing with specific breaches of these provisions, does exclude bringing up civil and/or penal legal action against an individual or group, whom or which have taken part in this type of behavior. Note that SexToyStories may disclose Your personal information in the NECESSARY range under U.S. Governing law in connection with any current or future legal proceedings in order to constitute or defend its respective rights or in case SexToyStories needs to comply with the demands (namely formal requests) of appropriate State authorities.

5.1.   SECURITY AND PRIVACY

SexToyStories takes security very seriously. That is why industry-standard Encryption technology is utilized to safely store your personal information. SexToyStories follows accepted industry standards during the process of submission, transmission and acceptation of personal information. Personally identifiable information are kept in a secure environment. If you have any questions in regards to our Security protocols, please do not hesitate to contact us. No method untill today is a hundred percent safe, but we continuously work to maintain well-secured platform for our Users. We, as a Service, bound by ethics and ethiquette, oblige ourselves to notify you via e-mail in case our Service has suffered a data breach as soon as we find out about the Breach. You are entitled to seek redress from us in the case we do not inform you of a security breach which was within our scope of knowledge.

6.1    SEXTOYSTORIES SOFTWARE LICENCE AGREEMENT

This specific software license and terms of service, along all rights or obligations notifies constitute a single, legally binding agreement between SexToyStories and you. These terms of service along with auxiliary and supplemental documents form the complete and exclusive statement of the provisions governing the usage and privacy notifies of SexToyStories’ software, documentation and auxiliary materials, which form a full and functional service. You express your intent to use the aforementioned. By expressing consent expressly or in any other ways including, but not limited to: written or oral statements, usage of this website or other conclusive manner possible. You are hereby compliant, and therefore bound by this set of legal documents. By using SexToyStories’ software, websites, products or services, you are compliant with the provisions of these terms of service, and supplemental documents, and thus find all provisions to be reasonable. If you are not compliant to this set of documents, or in any way do not find these provisions reasonable, please stop using SexToyStories’ software, website and/or services. Deletion of profile information is required. Unless you do the aforementioned, you conclusively warrant that you are compliant to the aforementioned documents and their express provisions.

6.2.   Express Licensing Grant

SexToyStories hereby grants you a non-exclusive and non-transferrable license to use of this Website’s content and services. This license limited to personal use, and is further limited according to any Terms or Contract SexToyStories stipulates with you. Applicable Licensing Terms may be displayed at an accessible place or visible to you.

7.1          Jurisdiction

If any provision of this Policy is, or is to be found by an appropriate authority, unenforceable under U.S. Governing law, that will not affect the enforceability of any other provisions of these Terms of Service.

The parties agree that the applicable and usable law of this Agreement is law of the U.S. Subsequently to the aforementioned, the Parties agree to submit any litigation towards competent U.S. courts, as competent courts to resolve any disputes arising out of this Agreement.

No terms set forth herein are constructed in any way or manner in order to limit or otherwise obstruct consumer protection rights. If any such clause exists by applicable law, it shall not affect the enforceability of the remainder of this document.

7.2.        Indemnification

You hereby agree to indemnify and hold SexToyStories, it’s owner Company, Representatives and Partners harmless from and against any loss, cost, damage and expense, including but not limited to: attorneys' fees and court costs, arising directly or indirectly from Your use of the SexToyStories’ Website, software or services and/or Your breach of any representation, warranty or restriction contained in this agreement.

7.3.        Continuity

In the event that SexToyStories goes through a business transition (merger, acquisition, sale of assets etc.), your personal information and content uploaded by you will likely be among the assets transferred accordingly to the title of transfer under which the information and content are being owned or used by the Service (ex. If you, as a Creator, have licensed your submission to the Service in order to be displayed, this right will be transferred to the party included in the business transaction with SexToyStories). You will be notified via e-mail of any such change of ownership of your personal information.

SexToyStories reserves the right to discontinue any portion of the whole service with or without previous notice. SexToyStories is not to be held liable for such discontinuance. Any concluded sales will survive the discontinuance of these Terms of Service, and are to be executed on behalf of SexToyStories and the Return and Shipping policy.

Every older version of these documents is superseded with the issuing of a renewed version. In case of change of our General Terms of Service or Privacy Policy, we will notify you on this Web page, by e-mail, or by means of notice on our Home Page.

7.4.        Ascent

These Terms, along with all supplemental documents you have expressed your consent to, without limitation to conclusive means of acceptance, are to be regarded as a single, legally-binding contract between you and SexToyStories.

7.5.        Agreement

This Privacy policy reflects the policy of SexToyStories in regards to your usage and privacy practices of this Website. They are further intended to inform SexToyStories’s Users of the possible results of breaches of these Terms, in regards to using this Website, Software and/or Services. If you have any questions, do not hesitate to contact us via e-mail, post, telephone number or by using our Online Support Service.

7.6     Disclaimer

SexToyStories’ website, content and services are all provided “as is”. SexToyStories does not unilaterally provide any express or implied terms, representations, warranties or conditions. SexToyStories, it’s employees, offices, agents or other representatives are further not liable, to the maximum extent permitted by law for any: direct, indirect, special or consequential loss; business or private losses, including: income, savings, or profit loss, loss of contract, loss of goodwill or representations loss, warranty loss, data corruption, personal loss. The aforementioned limitations are voided in the exclusive case that SexToyStories has willingly voided it’s limitation of liability in a specific Set of Terms and/or Contract. Limitations apply in the case that SexToyStories had been advised of the potential loss. SexToyStories does not take any responsibility for the unreasonable behavior of visitors and/or third parties.  Furthermore, SexToyStories does not take any responsibility for publishing any content, which is not in any way meant to constitute and/or provide any type of professional advice. SexToyStories is further not responsible in any way, to no extent in the unlikely case of severe host and/or server failure or breach, or any other Vis major, which is not in scope of SexToyStories’ ability to control. This disclaimer cannot and will not exclude any warranty or liability implied by U.S. Governing law, will not exclude and/or limit any warranty or liability which is illegal or unlawful to limit or exclude in compliance with U.S. Governing law. You hereby understand this liability limitation statement, and are fully compliant with it in its entirety.


SEXTOYSTORIES.COM PRIVACY POLICY

1.1.             References

References in these documents to SexToyStories, “We” or “Us” mean the SexToyStories.com Website its owner, ReferCloud, LLC, or another Parent or Daughter Company that is conducting the specific Sale and/or any successors and assigns thereto, where appropriate. References to “You”, “Your” and “User” mean the person, group or other entity utilizing SexToyStories. References to “Buyer” mean any User concluding a sale via SexToyStories. References to “Third Parties” mean any person(s) or group(s) falling outside of the scope of regulation of this Privacy Policy.

1.2.             Introduction

This Privacy Policy, along with the Terms of Service and other legally-binding agreements You have entered into, constitute a single, unified and binding instrument. This Privacy Policy regulates the aspect of personal information gathering and processing on behalf of the Service. By “personal information”, this document refers to both personal and personally-identifiable information. This Privacy Policy further regulates the aspects of usage and processing of this information by the service, it’s connections to third-party services, and the Service’s privacy practices in regards to processing, gathering and securing Your personal information.

1.3.             Express Licensing Grant

SexToyStories hereby grants you a non-exclusive and non-transferrable license to use of this Website’s content and services. This license limited to personal use, and is further limited according to any Terms or Contract SexToyStories stipulates with you. Applicable Licensing Terms may be displayed at an accessible place or visible to you.

1.4.             Copyright Notice. Inquiries for copyright infringement. Actions taken against individuals infringing copyright or other proprietary right.

This Website’s Content is primarily original, unless stated and/or attributed otherwise. The site’s Content is created, gathered, modified and/or published with respect to the Authors (Licensors) in accordance with all U.S. governing law and international intellectual property law standards. SexToyStories, together with the Authors (Licensors) owns and controls all the copyright and/or other intellectual property rights of the complete Content on the Website. All the copyright and/or other intellectual property rights regarding this Website’s full Content (including, but not limited to sections of this Website which are or are not available to the general public, registered Users, persons with authorized access to specific sections of the Website etc.) are reserved. Unilateral statements voiding partial or full reservation of copyright and/or other intellectual property rights are null and void. All eventual further licensing and/or transfers of copyright and/or other intellectual property rights regarding the design, Content and/or functionality of this Website can only be transferred via a binding agreement between SexToyStories, requiring express consent towards the transfer of these rights to third parties upon their previous request, which is made available to this Website’s visitors.

SexToyStories DOES NOT warrant that Licenses would be issued to any person, group and/or other third party without a previous formal request. SexToyStories DOES NOT WARRANT that Licenses will be issued to any person, group and/or other third party AT ALL. Note that any unilateral transfer of copyright and/or other intellectual property rights are null and void. Any breach of Content and intellectual property law provisions, sanctioned by U.S. applicable law does not exclude the possibility of SexToyStories treating the issue in a way it sees fit. Note that legal action against the individual or group involved in such a breach is not excluded

1.5.             Law Enforcement. Inquiries of potential Abuse

SexToyStories may disclose your personal information in the range which is necessary under applicable law, in connection with any current or future legal proceedings in order to constitute or defend its respective legal rights. SexToyStories may further disclose your personal information upon request of State authorities, in a range and manner prescribed by applicable law. In the event of any disclosure, SexToyStories WILL NOT disclose more information than the minimal range which is prescribed by governing law. SexToyStories reserves the right, but not the obligation to initiate personal inquiries of potential abuse and/or misbehavior personally or upon filed reports or complaints, regarding any Users’ activity. Any investigation or inquiry will be at the sole discretion of SexToyStories and it will include any steps that SexToyStories finds appropriate. Note that these steps may include disclosing User conduct to one or more entrusted parties.

2.              PRIVACY STATEMENT

SexToyStories respects the privacy of its users. SexToyStories will NOT treat personal information of any kind in any other manner, apart from the one prescribed by applicable law, and the manner which is further prescribed in this Privacy policy. Any information you provide, namely for subscription, registration, transaction or other purposes is presumed to be given willingly, and will be used exclusively to follow the aforementioned purposes. SexToyStories may collect and use in a manner prescribed by this Privacy policy’s provisions the following personal information: - Information of your use of this Website; - Information you provide in order to register with the Website; - Information you provide in order to subscribe to Newsletters and other Website services (including your: e-mail address or other profile credentials); -Information you provide exclusively in order to purchase Products, merchandise or services via this Website. SexToyStories may use your personal information to further: Administer the Website, publish your information on the Website; Generate content from your personal information and publish it on the Website; - Personalize your Website experience and/or enable access to certain sections of the Website (including, but not limited to: purchased or exclusive Website services); - Send you your purchased Products and/or merchandise, statements and/or invoices, special offers, newsletters and/or other marketing communications etc. or to collect payments from you.

2.1.             Advertisements, Cookies and Clear gif notice.

Certain information is gathered and stored in log files. This information includes the IP address, browser type, ISP, OS, Date and Time Stamp and Clickstream data. This information does NOT identify individual Users nor can closely distinguish Users. This information is utilized to administer the site and to track Users’ movements across the Website. Cookies are small pieces of data stored locally on the Users’ Browsers. Session ID cookies are used and utilized to maintain Users’ subscriptions and accounts. Information stored in cookies cannot closely distinguish Users. Session Cookies are utilized to improve navigation on our site. Session Cookies expire once you close your browser. SexToyStories’ Website may include advertisements in various forms. Please note that SexToyStories does not regulate the advertising content policy of its Partner Websites, Software or Services. SexToyStories reserves the right to use cookies and other monitoring technologies to compile anonymous statistics about its Users. SexToyStories does not believe that this monitoring could lead to disclosing your identity. You can manually change your cookie preferences. Clear gifs are small graphic files embedded in a Website to track the online movements of Users. In contrast to Cookies, Clear Gifs are not stored on your computer. SexToyStories does not tie online movement or Website usage data to personal information. Google AdSense is a third-party advertising service to provide you with specific targeted advertisements according to your preferences, according to your behavior and searches on the Internet. We use Google Analytics as our third-party statistic provider, which gathers certain information from User behavior on Our Website. The information both Services gather are not personal information like your name, personal or e-mail address or telephone number, but rather information about you’re browsing on the internet and behavior on Our Website.

2.2.             Communications from the Website

SexToyStories will occasionally send information on Products, Services, special deals, promotions or Newsletters you have subscribed to. You may choose not to receive these types of communications by opting out. SexToyStories may also send you service-related announcements on rare occasions if it’s necessary to do so. These communications are not promotional in nature, and if you wish to not receive these announcements, you have the option of deactivating your account. Please note that SexToyStories may also use Third-party delivery systems to contact you and provide you information via e-mail. These systems do NOT retain, store, use or share your personal information other than the stated purpose.

2.3.             Information collection and range of use

Any forms you fill will notify you of the range of publication of specific personal information details. Keep in mind that sensitive information cannot be published on the Internet. You hereby agree to cross-borders transfers of your information. Any personal information necessary for the registration and/or your identification while entering into contract (acquiring) a specific service or subscription provided by SexToyStories trough this Website will be used only for the purposes of registration, identification and/or possible delivery.

2.4.             Use of information

Personal information collected by SexToyStories is primarily used to customize Your User experience this may include personalized Services, communications and other Services, which are provided by SexToyStories. Personal information may also be utilized to deliver you personalized advertisements. Advertisers however do NOT have access to your personal information. Advertising is realized in the form of banner ads or promotional e-mails. Promotional e-mails and other forms of marketing communications may be manually set according to your preferences.

2.5.             Opt-outs

In certain aspect of usage, Users are given the opportunity to opt-out of having their personal information used for certain purposes. Firstly and as stated in the introductory clauses, all further usage of your personal information is subject to your further consent. You therefore have the choice of denying us access or not providing us this information. Secondly, you may manually change the preferences of the range of use of personal information manually (if allowed) or directly contact via e-mail, post or telephone number, or by using our Online Support service located on our Website.

3.              CONTENT

3.1.             Submissions on SexToyStories

For the purposes of this section, all forms mutual communications between users or between users and this Website’s administrators, including, but not limited to: comments, ratings or other communications such as text, videos, pictures or other multimedia files on this Website will be referred to as “User Submissions” or simply “Submissions”. User Submissions are a type of content added by (all types of) users, as opposed to the created and displayed content by SexToyStories. All content uploaded to this Service is to be regarded primarily as a User Submission. SexToyStories reserves the right, but not the obligation, to start inquiries about possible breaches of these Terms of Service. SexToyStories does not, in any way, endorse, favor or otherwise approve of any User Submission which is freely uploaded by the Registered Users. Violations of the Terms under which Content may be uploaded may result in removal of the Submission with or without previous notice. Repeated breaches of the Content Terms may result in a part-time or permanent ban of a User from accessing certain functionalities of our Service. Upon sharing your User submission, You hereby grant SexToyStories a worldwide, irrevocable, perpetual, exclusive, transferable, royalty-free, unlimited license to the story, with the right to sublicense, copy, adapt, modify, reproduce, distribute, share, license, sell, transfer, publicly display, remove, publicly perform, transmit, stream, broadcast, access, promote, view, hide, and otherwise use said Material over the World Wide Web, as well as in tangible form.  Furthermore, you hereby warrant that Your User Submission has all the proprietary rights, including intellectual property rights. SexToyStories does not endorse any Submission or opinion, recommendation or advice expressed therein.

4.           PAYMENT

4.1.             Orders and Payment

In order to purchase a Product from SexToyStories or our partners, certain personal information is required. You should expect to provide contact information (name, e-mail, address) and financial information (billing credentials). This information will be utilized in no other way than billing purposes, contact purposes or authorization, regarding submitted Orders. Upon purchasing a product from SexToyStories, you may be prompted to an authorized third-party website, in which a contract with your specifics is to be generated. Please note that the specifics in the checkout are to supersede any previous offers made on SexToyStories Website. SexToyStories utilizes Third-party credit and debit card processing processors, in order to bill you for ordered Products and/or Services. These Third-party Companies do NOT retain, share, store or use personal information for any other purposes than billing. Upon submitting a successful payment, a sale is concluded. Concluded sales are further governed by the Return and Refund policies, which are available to read on our Website.

5.          SECURITY

5.1.             Security Measures. Disclaimer on Safety

SexToyStories takes security very seriously. That is why industry-standard Encryption technology is utilized to safely store your personal information. SexToyStories follows accepted industry standards during the process of submission, transmission and acceptation of personal information. No method so far is 100% accurate, but we are committed in caring for the information you share with us in the best way possible. All of our employees are kept up to date in regards of privacy practices. Personally identifiable information are kept in a secure environment. If you have any questions in regards to our Security protocols, please do not hesitate to contact us.

5.2.             Fair information practices

This service, as a legal person bound by ethics and etiquette, will disclose any security breaches which might occur on this website in the case such breach does occur and our Staff acquires knowledge of it. Users registered and all other possibly affected parties shall be notified via the information provided on this Website. If SexToyStories does not disclose such a breach knowingly and within a reasonable time period from such an occurrence, Users may seek relief from the Service.

6.              MISCELLANEOUS

6.1.             Jurisdiction

If any provision of this Policy is, or is to be found by an appropriate authority, unenforceable under U.S. Governing law, that will not affect the enforceability of any other provisions of these Terms of Service.

The parties agree that the applicable and usable law of this Agreement is law of U.S.. Subsequently to the aforementioned, the Parties agree to submit any litigation towards competent U.S. courts, as competent courts to resolve any disputes arising out of this Agreement.

No terms set forth herein are constructed in any way or manner in order to limit or otherwise obstruct consumer protection rights. If any such clause exists by applicable law, it shall not affect the enforceability of the remainder of this document.

6.2.             Indemnification

You hereby agree to indemnify and hold SexToyStories, it’s owner Company, Representatives and Partners harmless from and against any loss, cost, damage and expense, including but not limited to: attorneys' fees and court costs, arising directly or indirectly from Your use of the SexToyStories’ Website, software or services and/or Your breach of any representation, warranty or restriction contained in this agreement.

6.3.             Continuity

In the event that SexToyStories goes through a business transition (merger, acquisition, sale of assets etc.), your personal information and content uploaded by you will likely be among the assets transferred accordingly to the title of transfer under which the information and content are being owned or used by the Service (ex. If you, as a Creator, have licensed your submission to the Service in order to be displayed, this right will be transferred to the party included in the business transaction with SexToyStories). You will be notified via e-mail of any such change of ownership of your personal information.

SexToyStories reserves the right to discontinue any portion of the whole service with or without previous notice. SexToyStories is not to be held liable for such discontinuance. Any concluded sales will survive the discontinuance of these Terms of Service, and are to be executed on behalf of SexToyStories and the Return and Shipping policy.

Every older version of these documents is superseded with the issuing of a renewed version. In case of change of our General Terms of Service or Privacy Policy, we will notify you on this Web page, by e-mail, or by means of notice on our Home Page.

6.4.             Ascent

These Terms, along with all supplemental documents you have expressed your consent to, without limitation to conclusive means of acceptance, are to be regarded as a single, legally-binding contract between you and SexToyStories.

6.5.             Agreement

This Privacy policy reflects the policy of SexToyStories in regards to your usage and privacy practices of this Website. They are further intended to inform SexToyStories’ Users of the possible results of breaches of these Terms, in regards to using this Website, Software and/or Services. If you have any questions, do not hesitate to contact us via e-mail, post, telephone number or by using our Online Support Service.


SEXTOYSTORIES.COM REVENUE SHARING AGREEMENT

This Revenue Sharing Agreement (hereinafter referred to as: “Contract” or “Agreement”) was freely stipulated and entered into between REFERCLOUD LLC (the Company) and contractor (the Author) without any pressure or duress whatsoever.


Whereas, the Company has developed and owns SEXTOYSTORIES.COM (the “Website”, abbreviated “SexToyStories” or “Site”), holding legal ownership of all intellectual property rights and/or other proprietary rights in the Website and the Company desires to authorize and allow for the Author to submit Material to the Website, which shall be of his/hers services utilizing the Website’s capabilities towards End Users (hereinafter referred to as: “Users”), in a manner further specified in this agreement.

The Company and the Author hereby agree to enter into an agreement whereby the Company and the Author will share the revenue realized from the successful Sale of Products, as a result of the efforts and performance of the Author according to the Provisions stated in this Contract.


Therefore, in consideration and respect to all the mutually stipulated provisions, promises and obligations made by the Parties in this specific Contract, the Parties covenant and agree as follows:

  1. Obligations and Rights of Company

    1. REFERCLOUD LLC is the sole legal owner and owner of all intellectual property rights and other proprietary rights which are tied to the SEXTOYSTORIES.COM Website. The Company reserves the right to extend a Revenue Share Agreement to anyone that the Company sees fit.

    2. After a Contract with an Author has been formed, the Company is obliged to:

      1. Allow for access to the Upload Section of the Website for the Author to post the Material as per this Contract’s provisions;

      2. Share certain confidential information about concluded Sales, Websites or other Financial information to which an Author has potential interest in;

      3. Inform and/or Warn Authors of potential misuse or infringement towards SEXTOYSTORIES.COM, as well as the possible consequences arising from the misuse.

    3. The Company may, at its sole discretion, decide which Material shall be uploaded, promoted and commercially used.  In the case of commercial usage of any of the submitted Material by the Authors, sections 3 to 7 of this Agreement shall be applicable. Materials, for the purpose of this Agreement, shall be interpreted as User Submissions under the SEXTOYSTORIES.COM Terms of Service.

    4. The Company shall, in its sole discretion, promote certain submitted Material on the Website.

  2. Obligations and Rights of Authors

    1. Authors hereby warrant that they have full legal Capacity to enter into this contract. Authors hereby warrant that the information they provide or will further provide on SEXTOYSTORIES.COM will be true, accurate and non-misleading. Termination of Contract will occur immediately after an Author has lost his/her legal Capacity.

    2. The Author shall upload the Material in accordance with the Website’s General Terms of Service. The Author shall lose capacity to enter into this Agreement effective immediately, in case of loss of their respective User Profile.

    3. The following is not permitted in Material uploaded to the site:

      1. Non-consenting or coercive sex

      2. Underage participants

      3. Beastiality

      4. Urination or defecation (scat)

      5. Content depicting sexual harassment, exploitation, or assault

      6. Use of real names or any information that may be used independently or in combination with other data to identify any person or group.

      7. Content depicting actions being taken against someone’s will or while the participant is incapable of providing informed consent

      8. Content advocating or depicting violence (note: light BDSM is permitted so long as all participants are consenting adults)

      9. Content advocating or depicting bodily harm (note: light BDSM is permitted so long as all participants are consenting adults)

      10. Affiliate links to products since they circumvent our revenue share model.  

      11. Images, links, or computer code

      12. Solicitations

      13. Any information that may be used to circumvent the revenue share model

      14. Non-original work

      15. content that promotes hatred or discrimination against an individual or group

      16. Bullying or any content that may be construed as antagonizing any person or group.

      17. Any other content that the Company deems harmful to the site at our discretion.

    4. Determination about whether a story is in breach of Contract terms is solely at the discretion of the Company.  The Company reserves the right to moderate and remove content at its discretion.

    5. The Author agrees to link Material to products using only direct html links to our Merchant partners.  Affiliate links are not permitted and is a serious breach of this contract.

    6. Only text is permitted in the Material uploaded by Authors to the site.  For example, html links, images, scripts, and computer code are strictly forbidden from Material and represent a serious breach of this contract.

  3. Licensing Grant to Display and Produce the Material

    1. The Author agrees to submit multimedia material on the SEXTOYSTORIES.COM Website. Prior to submission of this Material, the Author hereby warrants that the Material is free of any factual or legal deficits (including, but not limited to: breaches of copyright or other intellectual property rights of third parties). Upon submitting the subject Material to the SEXTOYSTORIES.COM Website, the Author hereby grants the Company a worldwide, irrevocable, perpetual, exclusive, transferable, royalty-free, unlimited license to the story, with the right to sublicense, copy, adapt, modify, reproduce, distribute, share, license, sell, transfer, publicly display, remove, publicly perform, transmit, stream, broadcast, access, promote, view, hide, and otherwise use said Material over the World Wide Web, as well as in tangible form.   

    2. The Author agrees to a selected compensation structure as stipulated in Sections 5 and 6.

    3. The Company may make changes to Author Material at any time without notice.  Changes may include altering the product linked to the Material.

  4. Compensation Models

    1. On a per-story basis, the SEXTOYSTORIES.COM Website currently offers two (2) mutually-exclusive compensation models in exchange for the licensing grant as described in Section 3: a commission model and a fixed fee model.

    2. At the Company’s discretion, the Author may be provided with one or a choice of which compensation model should apply to the smallest unit of the Author’s Material, herein referred to as “a story.”  

    3. A story may have one and only one compensation model applied.

    4. Once the option to publish (also referred to as “submit”) a story is made by the Author, the story’s compensation model may not be changed by the Author.  

  5. Original Work Fixed Fee Model

    1. If a fixed fee revenue model is selected for a story, the Author is entitled to be paid a one-time, lump sum fee by the Company at the time the story is approved and published to the site by the Company.

    2. The fixed fee shall be displayed to the Author alongside the option to select a revenue model for the story.  The fixed fee offered for a story may vary at the Company’s sole discretion.

    3. In exchange for a fixed fee on a story, the Author waives any current and future rights to receive commissions for the story.  Sections 6 and 7 will not apply to stories governed by this section.

    4. The fixed fee will be deposited into the Author’s SEXTOYSTORIES.COM account and available for withdrawal immediately following the story being approved by the Company.

    5. While the Company aims to be reasonable and approve stories as much as possible, a decision to approve is exclusively at the discretion of the Company and is not guaranteed.  If a story is not approved, it will not be published to the site.

  6. Original Work Revenue Share Model (Commission-Based)

    1. If a commission-based revenue model is selected for a story, the Author is entitled to Successful Sale commission made as per this Section.

    2. If an Author’s Material is displayed on the Website, it may be linked to at least one Merchant affiliate product. In the case that the Material Leads End Customers of the Company to purchase a Merchant affiliate product for which the merchant wholly credits to the SEXTOYSTORIES.COM website, the Author is entitled to a commission percentage displayed alongside the option to select this compensation model.  The commission percentage will be applied to the Net Product Revenue for every Successful Sale attributed by the Company to the Author’s Material. The Author shall be eligible for the subject Commission, unless if conditions of subsection d), e), or f) of this section are met.

    3. Net Revenue (also referred to as Net Sales or Net Product Sales) is the total order value excluding taxes, shipping fees, returned orders, cancelled orders, and discounts.  

    4. Each merchant-confirmed purchase that merchant wholly credits to the SEXTOYSTORIES.COM Website will be eligible for attribution to site content by the Company using a multi-touch attribution model (MTA) as chosen by the Company.  Multi-touch attribution (MTA) is defined herein as credit for a sale being divided across Materials on SEXTOYSTORIES.COM Website that contributed to a referral click onto a partner merchant site resulting in a merchant-confirmed purchase that merchant wholly credits to the SEXTOYSTORIES.COM Website.  The merchant-confirmed purchase need not be the same product as linked to by the Author’s Material.

    5. Attribution and the attribution methods used to assign credit between Materials on SEXTOYSTORIES.COM is solely determined by the Company.  The Company has full and exclusive discretion to decide how commissions are split between Materials on SEXTOYSTORIES.COM.

    6. The Author recognizes that the revenue structure of the Company depends on terms set by third parties that may be out of Company’s control. The Author agrees that the Company can make changes to the revenue share terms offered the Author for past, current, and future Material submissions. If such changes in the Author revenue share structure do occur, the Author shall be notified by the Company by email, and the change is to be effective on the 8th day following such notification. While the revised terms may apply to past Material, commissions already accrued by the Author will not be impacted by such change.

    7. The Author hereby releases the Company from any liability arising out of changes to the Author revenue share terms.

    8. Without prejudice to the Licensing grant as stated in Section 3 of this Agreement, if the Author’s Material is not leading towards Sales of Merchant affiliate products in the period of 365 consecutive days, the Material shall remain on the site at the discretion of the Company, but shall no longer be eligible for Revenue Share under this Agreement.

    9. From time to time, the Company in its sole discretion may determine that an author’s original work is not appropriate for our Website.  In such cases, the Company may make edits to the work. So long as the edits are limited to 15% or less of the Author’s Material, the Author is entitled to the Original Work Revenue Share (if selected for the story) as stipulated in this section.  However, without prejudice to the Licensing grant as stated in Section 3 of this Agreement, if the Company at its sole discretion edits an Author’s Material by more than 15% (as determined by a Levenshtein distance (LD) calculation), commission for Sales related to this edited work will be determined by Section 7 of this Agreement- “Derivative Work Revenue Share,” and not this Section.

    10. Only Material linked to SEXTOYSTORY-approved Merchant affiliate products are eligible for Revenue Share as stipulated in Sections 6 and 7.  Approved affiliate products will be listed in the author section of the site.

  7. Derivative Work Revenue Share Model

    1. For stories governed by the revenue shared model stipulated in Section 6, the Company may provided the Author the option to permit other authors to create derived works from the Author’s original Material on the Site, hereby called “Derived Work Permissions.”

    2. In exchange for Derived Work Permissions, for every Successful Sale attributed to the Derived Work, the original Author is eligible for a commission split on the Derived Work proportional to the amount of original Material content used in the derived work.  

      1. For example, if the Derived Work is 50% copied from the original Material and 50% new content, each author will be eligible for half of the net revenue commission on net sales attributed to the derived work.

    3. Stories under the Fixed Fee structure stipulated in Section 5 are not eligible for commissions as described in this section.  

    4. Commission split will be automatically and algorithmically determined using a Levenshtein Distance (LD) metric. The Company has full discretion on the algorithm used to compute the revenue share on Derivative Works.

    5. Materials must be changed by more than 15% (as determined by Levenshtein distance (LD) calculation) to be considered as Derivative Works.  Materials edited by 15% or less will be regarded as Original Work and will not be duplicated on the site. Such Original Work will be governed only by Section 6 of this Agreement with full credit going to the original Author.

    6. The Author recognizes that the revenue structure of the Company depends on terms set by third parties. The Author agrees that the Company can make changes to the revenue share terms offered the Author for past, current, and future Material submissions. If such changes in the Author revenue share structure do occur, the Author shall be notified by the Company, and the change is to be effective within 7 days of such notification. While the revised terms may apply to past Material, commissions already accrued by the Author will not be impacted by such changes.

    7. The Author hereby releases the Company from any liability arising out of changes to the Author revenue share terms.

    8. Without prejudice to the Licensing grant as stated in Section 3 of this Agreement, if the Derived Work is not leading towards Sales of Merchant affiliate products in the period of 180 consecutive days, the Derived Work shall remain on the site at the discretion of the Company, but shall no longer be eligible for Revenue Share under this Agreement.

    9. The Company, in its sole discretion, may promote an Author’s Original Work Materials along with Derivative Work associated with said Author’s Original Work Materials.  In this case, the Author is eligible for Original Work commissions as defined in Section 6 for the Original Work and Derivative Work commissions as defined in Section 7 for the Derivative Work.

  8. Payment Schedule

    1. The Company makes payments around the 25th day of each month following Author’s request for withdrawal.  

    2. Payment will be remitted to Author using PayPal or paper check.

    3. Revenue share commissions generally become available up to 90 days following product purchase.  Author is entitled to revenue share only on Merchant Purchases that are 1) wholly credited to SEXTOYSTORIES.COM and 2) that SEXTOYSTORIES.COM has credited to Author’s Material.

    4. Author must submit request for withdrawal via the account portal on SEXTOYSTORIES.COM to be paid.

      1. At least $10 must be accrued before payment may be remitted by the Company.  Unpaid commissions will carry forward until the $10 threshold is met or the account is closed.

      2. If request for withdrawal is received after the 15th day of each month, the payment may be remitted on the 25th day of the month following the request.

    5. A completed W-9 form is required for US-based Authors before first payment can be made.  

    6. A completed W-8-BEN-E form is required for non-US based Authors before first payment can be made.  International payments may be subject to an additional fee (currently set at $7 per payment made via PayPal).  This fee is subject to change at any time at the Company’s sole discretion.

  9. Independent Contractor Status

    1. The Parties agree that the Author shall be considered an Independent Contractor and not an Agent or Employee of the other Party.   Neither Party has the right to make any statements, representations or commitments or act in the name of another Party, or to take any action which shall be binding on the other Party, except as may be expressly provided for in this Contract or expressly authorized in writing.

    2. This Agreement does not constitute any obligation of the Company towards the Author to pay any applicable taxes as per governing law. Nothing in this agreement can, explicitly or implicitly, grant the Author any further Labor Law benefits arising from applicable law, unless explicitly stated herein. The Author understands the nature of this commission-based Contract, understands his respective work duties as an Independent Contractor is on an at-will basis, and understands that all obligations arising out of applicable law, without exclusion to: taxation, dental and health insurance, shall be handled solely by the Author.

  10. Confidentiality

    1. Authors are not to, in any way, form or manner, either directly or indirectly:

      1. Disclose or communicate, to any Third Party any Information relating to REFERCLOUD LLC’s business or Services, including, but not limited to: customer lists, price points, marketing places, details of concluded sales, user base, referral metrics, other Authors’ bids or any sensitive Confidential information;

      2. Duplicate any Confidential information for purposes of sharing with a Third Party or for purposes Authors have not been authorized to do so;

      3. In other ways use any Confidential information other than to solely benefit the Company, or

      4. In other ways assist any Third Party in using Confidential Information in any manner but solely for the benefit of the Company.

  11. Non-Solicitation

    1. Authors are not to, in any way, form or manner, either directly or indirectly:

      1. Solicit, cause or assist to any Author, Officer, Director, Agent, Administrator, Commissioner, Consultant, Author or outside Helper in: termination, discontinuing or suspending an employment, consultancy, contractual or any other relationship this person or entity has with the Company;

      2. Solicit and/or cause a potential Buyer or Author to cease using SEXTOYSTORIES.COM and it’s provided Services; or

      3. Solicit and/or cause a potential Buyer or Author to use other Services competitive with SEXTOYSTORIES.COM.

  12. Marketing and other fees

    1. The Author is required to receive written permission from the Company before using SEXTOYSTORIES.COM or REFERCLOUD LLC in any marketing materials not directly provided by the Company to the Author for said purpose.

    2. The Author shall not be entitled to reimbursement for any expenses except those that have been previously approved in writing by REFERCLOUD LLC.

  13. Indemnification

    1. The Author agrees to defend, indemnify, and hold harmless the Company from and against any all third party claims, or other actions that could lead to losses by the Company, that are based upon the Authors’ Violation of Statutory Provisions in this respective Jurisdiction,  Violation of this Contract, or Violation of any Third Party’s rights.

  14. Dispute Resolution

    1. If any dispute, controversy, or claim (herein referred to as “dispute”) arises out of or relates to this contract, or the breach thereof, the Author agrees to try in good faith to settle the dispute by direct negotiation with the Company for at least 60 days following the Company being provided written notice of a dispute.  If negotiation doesn’t resolve the dispute, the Author next agrees to try in good faith to settle the dispute with the Company by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures. If mediation also fails to resolve the dispute, the Author agrees to have the dispute exclusively settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration shall be conducted in or near Norfolk County, MA.  The number of arbitrators shall be one. Commonwealth of Massachusetts law shall apply.

    2. If it appears that the Contractor has, or has threatened to, disclose any confidential information or cause harm to the Company in violation of this Agreement’s provisions, the Company shall be entitled to injunctive relief restraining the Contractor.  The Company is not limited to seeking any other forms of legal remedy in its sole discretion and as seen fit by the Company.

  15. Agreement as a Whole. Amendments.

    1. This Agreement represents the final understanding between the Parties and shall therefore supersede all previous oral or written agreements between them.  Each of the parties acknowledges and agrees that in entering into this Agreement, and any documents referred to in it, they do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding, other than as expressly set out in this Agreement. Nothing in this Agreement shall operate to exclude any liability for fraud.

    2. This Agreement supersedes any summaries made of this Agreement.  

    3. No changes or modifications of this Agreement shall be valid, unless in writing, and signed by both Parties.

  16. Electronic Signatures

    1. The parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement.

    2. For purposes hereof, "electronic signature" may constitute:

      1. A “Click wrap,” whereby an electronic checkbox is affirmatively selected by the party to signify that terms have been accepted; or

      2. A manually-signed original signature that is then transmitted by electronic means.

  17. Jurisdiction

    1. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, US. In the event that litigation results from or arises out of this Agreement or the performance thereof, the Parties agree to reimburse the prevailing Party’s reasonable attorneys’ fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing Party may be entitled.

    2. In the case that any of the provisions stated herein are found inapplicable or invalid by interpretation or operation of law by a competent Court or other competent authority, these provisions shall be amended to be applicable to the fullest extent under applicable law. If such modification is not possible, these provisions shall be excluded from this Agreement, and governed by applicable law. The exclusion of any provision of this Agreement in the manner described herein does not affect the enforceability of other provisions of this Agreement.

  18. Miscellaneous

    1. A Party shall not be held responsible for any delay, failure to perform obligations by reason of events Vis Major, provided that the Party shall:

      1. Without further delay, notify the other Party of the Vis Major event, and its impact of performance under this Agreement, and

      2. Use all reasonable efforts to resolve any issues resulting from the Vis Major event, in attempt to perform the obligations set forth in this Agreement in a timely and appropriate manner.

    2. A failure to act or insist on performance of any covenant or obligations under this Agreement, shall not be deemed a waiver of such right, if not explicitly stated otherwise. No waiver of obligation, express or implied, to or of any breach or default in the performance of any covenant or obligation of this Agreement shall be interpreted as consent or waiver to or of any other breach or default in performance of the same or other obligation under this Agreement.

    3. Any and all rights and obligations not explicitly stated in this Agreement shall be governed by governing law.

    4. No intent or legal relevance is assigned to headings stated in this Agreement.

  19. Final Ascent

    1. A facsimile, email, electronic download, or physical mail copy of this Agreement shall constitute a legal and binding instrument of ascent to this agreement. By setting forth my electronic signature to this Agreement, I warrant that I have complete authority to enter into this Agreement.