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Prior to accessing or using shemax.com ("Site"), you, the website user or subscriber ("You", "Your"), must agree to these Terms of Service ("Terms"). These Terms form a binding agreement between You and the operator of the Site identified in the company information displayed on this page ("We", "Us", "Our").
If You do not agree to these Terms, You must not access or use the Site.
Customer Support is available at ProCustomerSupport.com. I. Acceptance and Changes to These TermsBy accessing the Site, creating or using an account, purchasing a membership, or otherwise using the Site or its services, You agree to be bound by these Terms.We may update these Terms from time to time. The current version and its "Last Modified" date will be posted on the Site. Where required by applicable law, We will provide additional notice of material changes. Your continued use of the Site after updated Terms become effective constitutes acceptance of those Terms, except where applicable law requires another form of consent. Material changes to Section XVII (Governing Law, Individual Arbitration and Class-Action Waiver) apply prospectively only and will not alter the rules governing a claim that accrued, or a dispute of which either party had actual notice, before the effective date of the change. II. Adults Only and Age VerificationThe Site is intended exclusively for adults.By accessing or using the Site, You represent and warrant that:
Age verification may be performed by an independent third-party verification provider and may use different lawful methods depending on Your jurisdiction, including age estimation, identity or document verification, or other appropriate verification methods. You may also be required to complete age verification again from time to time, including where applicable law requires re-verification or where Our compliance controls reasonably require it. You must not provide false or misleading information, use another person's information or identification, or attempt to circumvent, disable, interfere with, or otherwise defeat any age-verification measure. We do not receive or store copies of identity documents or facial images submitted as part of a third-party age-verification process. We may receive and retain limited verification information, such as a verification result, reference, date, method, jurisdiction, or other information necessary to document that the required verification was completed and manage access to the Site. Information submitted as part of a third-party age-verification process is handled by the applicable verification provider in accordance with its privacy practices. If age verification becomes required in Your jurisdiction after You have already registered or purchased a membership, We may suspend or restrict access until the required verification has been successfully completed. III. Territory and Location RestrictionsThe Site is not offered in every country, state, province, territory, or other jurisdiction.We may restrict or block access where adult content is unlawful, where applicable age-verification or other legal requirements cannot be satisfied, where required by Our service providers or payment partners, or where We otherwise determine that We cannot lawfully or appropriately provide the Site. We may use IP addresses, geolocation services, and other reasonable technical measures to determine whether access is available from Your location. You must not intentionally misrepresent Your location or use a VPN, proxy, anonymizing service, or other method for the purpose of bypassing a geographic restriction imposed by the Site. If You access the Site while located in a jurisdiction where such access is prohibited, or circumvent a location restriction, We may suspend or terminate Your access. IV. Adult Content, Consent and SafetyThe Site contains sexually explicit material intended only for adults.We require all persons depicted in sexually explicit content available through the Site to have been at least 18 years old at the time of production and require such content to comply with applicable age, consent, and recordkeeping requirements. We maintain zero tolerance for illegal sexual material involving anyone under 18 (commonly referred to as CSAM), human trafficking, sex trafficking, forced or coerced sexual activity, non-consensual content, exploitation, or other illegal content. You must never provide, display, distribute, or otherwise make material obtained from the Site available to anyone under 18 or to anyone who is not legally permitted to view it. Commercially available parental-control and filtering tools may help prevent access to adult material by persons under 18. If We become aware of content that may violate these requirements, We may immediately disable access to that content while the matter is investigated and take any other appropriate action. V. No User-Generated Adult ContentThe Site is a professionally managed content and subscription service.Subscribers and other users are not permitted to upload, post, publish, livestream, sell, or otherwise provide adult images, videos, or other user-generated adult content through the Site. The Site does not provide public forums, member content-upload areas, or user-to-user adult content-sharing functionality. Content published on the Site is selected and published by Us and is owned by Us or provided to Us under appropriate licenses or other rights from content owners and producers. VI. Complaints and Content RemovalAnyone may report content or conduct that they believe is illegal, non-consensual, exploitative, or otherwise violates these Terms or applicable payment-card network standards by using the Report Content / Complaint process or through Customer Support.Complaints concerning content that may be illegal, involve anyone under 18, human trafficking, exploitation, non-consensual activity, or otherwise violate applicable payment-card network standards will be reviewed and resolved within five business days. If Our review establishes that content is illegal or otherwise must be removed, We will remove or disable access to that content promptly. Any person depicted in content available through the Site may also request removal or raise a concern regarding consent. We will investigate such requests and take appropriate action based on the applicable circumstances, documentation, consent records, and legal requirements. We may request additional information where reasonably necessary to investigate a complaint and may preserve information or evidence where required or appropriate. We will cooperate with law-enforcement authorities, regulators, payment partners, and other appropriate authorities where legally required or reasonably appropriate in connection with suspected illegal activity. Other customer-service and content-related complaints will be investigated and addressed within a reasonable period appropriate to the nature of the complaint. Copyright owners and other rights holders may report suspected infringement through Customer Support or the Report Content / Complaint process. VII. Memberships, Fees and Recurring BillingThe Site may offer memberships or other services with different prices, subscription periods, promotional offers, trial periods, renewal prices, and billing frequencies.The exact price, initial subscription period, renewal price, renewal frequency, and any applicable trial or promotional conversion terms for Your purchase will be disclosed before You complete the transaction and, where applicable, confirmed in Your purchase confirmation. Those transaction-specific terms form part of these Terms. Where You select a recurring membership, Your membership will automatically renew according to the renewal terms disclosed when You purchase it until You cancel. By purchasing a recurring membership, You authorize Us or Our payment service provider to charge the payment method You provided for the recurring fees disclosed for Your membership. You are responsible for any applicable taxes, bank charges, currency-conversion charges, or other charges imposed by third parties in connection with Your payment. VIII. Cancellation and TerminationYou may cancel a recurring membership at any time through the online cancellation option made available in connection with Your membership or by contacting Customer Support.To ensure that Your membership does not renew, cancellation should be requested at least 24 hours before the scheduled renewal. Requests received later will be processed as soon as reasonably possible, but a renewal transaction that has already been submitted for processing may not be preventable. Cancellation prevents future recurring billing once the cancellation has been processed. Cancellation does not automatically entitle You to a refund of fees already charged. We may suspend, restrict, or terminate Your account or access to the Site if We reasonably believe that You:
IX. Refunds, Withdrawal Rights, Billing Disputes and ChargebacksIf You believe You were charged incorrectly or have a billing question, please contact Customer Support promptly so that We can investigate the matter.Where permitted by applicable law, billing errors should be reported within 30 days after the disputed charge first appears on Your account or payment statement. Payments for membership access that has already been provided are generally non-refundable, except where a refund is required by applicable law or where We choose to issue one. If We issue a refund, the refund will be credited solely to the payment method used for the original transaction whenever technically possible. We do not ordinarily issue refunds in cash, by check, or to an unrelated payment method. Issuing a refund in one circumstance does not create an obligation to issue a refund in another circumstance. Certain consumers may have statutory cancellation or withdrawal rights, including a 14-day withdrawal period where applicable. Nothing in these Terms removes such a right unless it may lawfully be lost under applicable law. Where applicable law treats purchased access as digital content supplied without a tangible medium and access begins during a statutory withdrawal period, You may be asked at checkout to expressly consent to the supply beginning immediately and acknowledge that the applicable right to withdraw will be lost once supply begins. Any loss of a statutory withdrawal right applies only where the requirements of applicable law have been satisfied, and confirmation of such consent and acknowledgment will be provided where required by law. If You have a billing concern, We encourage You to contact Customer Support before initiating a chargeback or other payment dispute so that We have an opportunity to investigate and resolve the matter. Fraudulent or abusive payment disputes, including knowingly disputing a valid charge after receiving the purchased service, may constitute a breach of these Terms and may result in suspension or termination of Your access. Nothing in this section limits any mandatory rights You may have under applicable consumer law or applicable payment-card rules. X. Payment ProcessingWe do not store complete payment-card numbers or card security codes on Our own website or systems. Sensitive cardholder data is transmitted, processed, and stored by the payment service providers used to process the transaction.We may receive or retain limited payment-related information, such as transaction identifiers, payment tokens, card type, expiration information, or the last digits of a payment card, where necessary for recurring billing, customer support, fraud prevention, accounting, or transaction records. The payment gateway, processor, or acquiring institution used for a transaction may vary according to the Site, payment method, currency, location, or other circumstances. Information You provide directly to a third-party payment service provider may also be subject to that provider's applicable terms and privacy policy. XI. Accounts and Account SecurityMemberships and accounts are personal and may not be sold, assigned, transferred, or shared with another person.You are responsible for maintaining the confidentiality and security of Your username, password, and other login credentials. You must promptly notify Customer Support if You become aware of unauthorized access to Your account or believe Your login credentials have been compromised. You must not use another person's account or allow another person to use Yours. We may temporarily or permanently disable credentials that We reasonably believe have been compromised, shared, obtained improperly, or used in violation of these Terms. XII. Intellectual Property and Permitted UseUnless otherwise stated, all material available through the Site—including videos, images, graphics, text, design, software, trademarks, logos, and other content—is owned by Us, licensed to Us, or used with permission from the applicable rights holder.Your membership gives You a limited, personal, non-exclusive, non-transferable right to access the Site and its content for Your own private, non-commercial use. Except where a particular feature of the Site expressly permits it, You must not copy, reproduce, redistribute, publish, sell, sublicense, publicly display, publicly perform, record, rebroadcast, scrape, or otherwise exploit content from the Site. Where the Site expressly allows content to be downloaded, the download remains solely for Your private and non-commercial use and does not transfer ownership or other intellectual-property rights to You. Unauthorized access to or distribution of Site content is a material breach of these Terms and may also violate applicable law. XIII. Prohibited UsesYou may use the Site only for lawful purposes.You must not:
XIV. Privacy and Electronic CommunicationsOur collection and use of personal information is governed by Our Privacy Policy.By maintaining an account or membership, You agree that We may communicate with You electronically regarding Your account, billing, security, age verification, legal notices, changes affecting the service, customer-support matters, and other transactional or service-related communications. Electronic notices may satisfy requirements that communications be in writing to the extent permitted by applicable law. Acceptance of these Terms does not by itself constitute consent to receive marketing communications where separate consent is required by law. XV. Availability, Warranties and Limitation of LiabilityThe Site and its content are provided on an "as is" and "as available" basis.Although We make reasonable efforts to provide a reliable service, We do not guarantee that the Site will always be available, uninterrupted, error-free, secure, or compatible with every device, browser, connection, or system. To the fullest extent permitted by applicable law, We disclaim implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement. To the fullest extent permitted by applicable law, We will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, data, business, or opportunity arising from use of or inability to use the Site. Our total aggregate liability arising out of or relating to the Site, Your membership, these Terms, or any related claim will not exceed the greater of (a) £150 or (b) the amount paid by You to Us for the specific transaction or, for a recurring membership, the single subscription billing period most directly giving rise to the claim. Amounts paid during other billing periods or for unrelated transactions will not be aggregated for purposes of this limit. Nothing in these Terms excludes or limits any liability or consumer protection that applicable law does not permit to be excluded or limited. XVI. IndemnificationTo the fullest extent permitted by applicable law, You agree to indemnify and hold Us, Our affiliates, officers, employees, contractors, licensors, and service providers harmless from claims, liabilities, damages, costs, and reasonable legal expenses arising from:
XVII. Governing Law, Individual Arbitration and Class-Action WaiverThese Terms and any dispute arising out of or relating to them, the Site, Your membership, or the services provided through the Site are governed by the laws of Gibraltar, without regard to conflict-of-law principles.Important dispute-resolution notice: Except where applicable law provides otherwise, disputes between You and Us will be resolved through binding individual arbitration rather than litigation before a court or jury, and not through a class, collective, consolidated, or representative proceeding. Before either party commences arbitration, the party asserting the claim must give the other party written notice describing the dispute, the facts on which it is based, and the relief requested. A notice from You under this Section must be sent by post or courier to Our business address identified in the company information displayed on this page, marked "Legal Notice," and should include sufficient information to identify Your account and the Site involved. A notice from Us may be sent to the contact details associated with Your account. The parties will then have 30 days from receipt of the notice to attempt in good faith to resolve the dispute informally. Neither party may commence arbitration before that 30-day period has expired, except where urgent interim or injunctive relief is reasonably necessary. Any contractual limitation period stated below will be suspended during this 30-day period. This notice provision concerns contractual notices under these Terms and does not alter any legal requirements governing formal service of proceedings. Any dispute subject to arbitration will be finally resolved under the Rules of Arbitration of the International Chamber of Commerce ("ICC") in force when the arbitration is commenced, and will be administered by the ICC International Court of Arbitration. The legal seat of arbitration will be Gibraltar. The arbitration will be conducted in English and, unless the applicable ICC Rules or the ICC International Court of Arbitration determine otherwise, the dispute will be decided by a sole arbitrator. To the fullest extent permitted by applicable law:
If (a) the total amount in dispute is £2,500 or less, as calculated under the aggregation rule below, (b) You requested this cost limitation in Your initial Legal Notice, and (c) the dispute remains unresolved after the 30-day period above has expired, You will not be required to advance more than £100 in total toward the ICC filing fee, administrative expenses, arbitrator fees, or advance on costs required to commence and continue the arbitration. We will advance the remaining required amount, subject to the arbitral tribunal's authority to allocate costs in the final award in accordance with applicable law and the ICC Rules. For purposes of the £2,500 threshold, all claims by the same consumer arising from the same or substantially related facts, transactions, membership, account, or series of transactions will be aggregated, and claims may not be artificially divided or recharacterized to qualify for this provision. This provision does not require Us to advance Your legal fees or other personal expenses and does not permit any claim to be brought on a class, collective, consolidated, representative, or other non-individual basis. For an individual consumer claim above £2,500, nothing in these Terms requires a consumer to bear arbitration costs that applicable mandatory law does not permit. If a particular claim cannot lawfully be required to be arbitrated, that claim will be subject to the exclusive jurisdiction of the courts of Gibraltar, to the extent permitted by applicable law. Either party may seek urgent interim or injunctive relief from a court of competent jurisdiction where necessary to protect intellectual property, confidential information, access systems, or other rights while arbitration is pending or before it begins. To the fullest extent permitted by applicable law, any claim arising out of or relating to these Terms, the Site, Your membership, or the services must be commenced within one year after the claim accrued. This contractual period does not shorten any limitation period that applicable law does not permit the parties to shorten. If any portion of this Section cannot lawfully be enforced, that portion will be severed or limited only to the extent necessary and the remaining provisions will continue in effect. The waiver of class, collective, consolidated, and representative proceedings is intended to be independent of the arbitration requirement and separately enforceable to the fullest extent permitted by applicable law. The fact that a particular claim cannot be required to arbitration does not by itself invalidate that waiver where the waiver can otherwise lawfully be enforced. Nothing in this Section is intended to deprive a consumer of mandatory rights or remedies that cannot lawfully be waived. XVIII. General ProvisionsChanges to the Site. We may modify, replace, suspend, or discontinue content, features, memberships, or other aspects of the Site from time to time.Third-Party Services and Links. The Site may use or link to third-party services. We are not responsible for the content, availability, security, terms, or practices of independent third-party websites or services. Force Majeure. We will not be responsible for delays or failures caused by events reasonably beyond Our control, including natural disasters, war, governmental actions, telecommunications failures, power failures, infrastructure outages, cyberattacks, failures of third-party service providers, or similar events. Assignment. You may not transfer or assign Your membership or rights under these Terms without Our consent. We may assign or transfer Our rights and obligations in connection with a sale, restructuring, transfer of the Site, change of service provider, or other legitimate business transaction. No Waiver. Failure by either party to enforce a provision of these Terms does not waive the right to enforce that provision later. Severability. If any provision of these Terms is found invalid or unenforceable, it will be enforced to the maximum extent legally permitted and the remaining provisions will continue in effect. Entire Agreement. These Terms, together with the transaction-specific terms disclosed when You purchase a membership and any policies expressly incorporated into these Terms, constitute the agreement between You and Us regarding Your use of the Site. Language. These Terms are executed in English. If a translation is provided, the English version will control to the extent permitted by applicable law. Electronic Acceptance. Physical signatures are not required. Clicking an "I Agree," "Create Account," "Join," "Purchase," "Continue," or similarly worded button or checkbox where these Terms are presented, or otherwise electronically indicating acceptance, constitutes electronic acceptance of these Terms to the extent permitted by applicable law. |