TERMS AND CONDITIONS

Last Updated: June 26, 2024

This term and conditions agreement is entered into between you and SecretSeductress.com ("Website"). The following agreement governs your access to and use of Website including any content, functionality, and services offered on or through Website, whether as a guest or a registered user.

1. Definitions

• 1.1 "Bookmarking" means the act of placing a web page (URL) into a temporary file on the User's browser so that the User may return to the page at a future date directly, without passing through any preceding pages.
• 1.2 "Chargebacks" means a request you file directly with your card company or bank to invalidate Fees.
• 1.3 "Fees" means amounts paid or payable to Website in exchange for Membership under this agreement using a Payment Method. Fees are posted on the Website and are incorporated by reference into this agreement.
• 1.4 "Login" means the combination of the unique username and password sold or provided by the Website to the User and used to access the Website.
• 1.5 "Membership" means the access granted to a User to the Website using a Login for a limited period to use the Services.
• 1.6 "Payment Method" means the method of payment that you use to buy your Membership, including credit card, debit card, money order or online check through the Website.
• 1.7 "Services" means the limited, non-transferable license to stream or download images and video or other content from the Website and to navigate different areas of the Website.
• 1.8 "User" means an individual of or over the age of majority in the jurisdiction where they are located who has a Membership or rightfully accesses the Website.

2. Acceptance of Agreement

• 2.1 This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.
• 2.2 This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
• 2.3 By using the Website or by clicking to accept or agree to the agreement when this option is made available to you, you accept and agree to be bound and abide by this agreement. If you do not want to agree to this agreement, you must not access or use the Website.
• 2.4 This Website is offered and available to users who are at least 18-years old and who have reached the age of majority where they live. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Website and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Website.
• 2.5 Bookmarking to a page on the Website whereby the warning page or this agreement is bypassed will constitute implied acceptance of this agreement and an explicit confirmation that the User is of or over the age of majority in their jurisdiction and the Materials are not illegal in the Territory.
• 2.6 For information about how the Website collects, uses, and shares your personal information, please review the Privacy Policy.

3. Changes to Agreement.

• The Website may revise and update this agreement from time to time in its sole discretion. All changes are effective immediately when it posts them and apply to all access to and use of the Website afterward. However, any changes to the dispute resolution provisions set out in section 23 (Governing Law and Jurisdiction) and section 24 (Dispute Resolution and Binding Arbitration) will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. Your continued use of the Website after the posting of the revised agreement means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

4. Adult-Oriented Content

• 4.1 Agreement to View Adult Material. The Website is designed and intended solely for adults who are interested in and wish to have access to visual images, verbal descriptions, and audio sounds of a sexually oriented, and frankly erotic, nature. The material available by the Website within the Website may include graphic visual depictions and descriptions of nudity and sexual activity and is prohibited to be accessed by anyone under legal age in their respective jurisdiction or by those who do not wish to be exposed to that material. If you do not meet these requirements, you must not access the Website and must leave now. By accessing the Website or by buying a Membership from the Website, you state that the following facts are accurate:
  • (a) You (1) are at least 18-years old, (2) have reached the age of majority where you live, and (3) have the legal capacity to enter into this agreement.
  • (b) All information you provided to the Website is accurate, and you will promptly update this information when necessary to make sure that it remains accurate.
  • (c) You are aware of the adult nature of the content available on the Website, and you are not offended by visual images, verbal descriptions, and audio sounds of a sexually oriented nature, which may include graphic visual depictions and descriptions of nudity and sexual activity.
  • (d) You are familiar with your community's laws affecting your right to access adult-oriented materials, including sexually explicit material depicting bondage, S/M, and other fetish activities.
  • (e) You have the legal right to access adult-oriented materials, including sexually explicit material depicting bondage, S/M, and other fetish activities, and the Website has legal right to transmit them to you.
  • (f) You are voluntarily requesting adult-oriented materials for your private enjoyment.
  • (g) You are not accessing the Website from a place, country, or location in which doing so would, or could be considered a violation of local law.
  • (h) You will not share these materials with a minor or otherwise make them available to a minor.
  • (i) By accessing the Website, you will have released and discharged the providers, owners, and creators of the Website from all liability that might arise.
• 4.2 Section 230(d) Notice. Under 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching "parental control protection" or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using these products.
• 4.3 Child Sexual Abuse Material (CSAM) Prohibited. The Website prohibits content involving minors on the Website. The Website only allows visual media of consenting adults for consenting adults on the Website. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within the Website or that is otherwise exploitative of children, please promptly report this to the Website at hello@secretseductress.com. Please include with your report all appropriate evidence, including the date and time of identification. The Website will promptly investigate all reports and take proper action. The Website fully cooperates with any law enforcement agency investigating alleged child exploitation or child sexual abuse material.

5. Territory

• 5.1 Territory. Each Membership is for use within a limited territory that excludes all jurisdictions where the content is illegal ("Territory"). Access to the Website might not be legal by certain persons or in certain countries. The Website is not making any statement that the Website or its content is accessible or appropriate in your jurisdiction. If you access the Website, you do so on your own initiative and are responsible for complying with all local laws.
• 5.2 Location Breach. If the Website detects a Membership is bought or used outside the Territory, the Website may, at its discretion, disable Membership so the Login will not work and terminate this agreement for breach without any refund of Fees already paid.

6. Accessing the Website.

The Website allows you to buy access to digital content, including videos for streaming or download or both. To view the digital content, you will need a personal computer, tablet, phone, or other device that meets the Website's system and compatibility requirements and a high-speed internet connection. The Website may withdraw or amend this Website, and any service or material it provides on the Website, in its sole discretion without notice. The Website will not be liable if, for any reason, any part of the Website is unavailable at any time or for any period. From time to time, the Website may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Website.

7. Your Account

• 7.1 Account Creation. You must complete the registration process by providing the Website with accurate information as prompted by the registration form. You must provide a valid email address and a password. Your password should be unique (meaning that it is different from those you use for other websites) and must comply with the Website's technical requirements for the composition of passwords. By creating an account, you state to the Website that (a) all account registration information you provide is your own and is accurate; (b) if you previously had an account on the Website, the Website did not suspend or terminate that account for breach of this agreement; and (c) you are creating an account for your own personal use, and you will not sell, rent, or transfer your account to any third party.
• 7.2 Responsibility for Account. You are responsible for keeping your Login secure and confidential. You must not distribute your Login to others. If you do, this will result in an immediate termination of your Membership as set out in section 10.2. Further, you are responsible for all activities that occur under your Login. You will promptly notify the Website of any unauthorized use of your Login or any other breach of security. The Website may disable any username, password, or other identifier, whether chosen by you or provided by the Website, at any time in its sole discretion for any reason or no reason, including if, in its opinion, you have violated any part of this agreement.
• 7.3 Liability for Account Misuse. The Website will not be liable for any loss that you may incur as a result of someone else using your Login, either with or without your knowledge. You could be held liable for losses incurred by the Website or another person due to someone else using your Login.
• 7.4 Use of Other Accounts. You must not use anyone else's Login at any time.
• 7.5 Account Security. The Website cares about the integrity and security of your personal information. But the Website cannot guarantee that unauthorized persons will never be able to defeat the Website's security measures or use any personal information you provide to the Website for improper purposes. Therefore, you acknowledge that you provide your personal information at your own risk.
• 7.6 Communication Preferences. By registering for an account, you consent to receive electronic communications from the Website relating to your account. Communications may involve sending emails to your email address provided during registration or posting communications on the Website. Communications will include notices about your account (e.g., payment authorizations, change in password or payment method, confirmation emails, and other transactional information) and are part of your relationship with the Website. You acknowledge that any notices, agreements, disclosures, or other communications that the Website sends you electronically will satisfy any legal communication requirements, including that these communications be in writing. The Website recommends that you keep copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receive certain other communications from the Website, including newsletters about new features and content, special offers, promotional announcements, and customer surveys via email or other methods. You acknowledge that communications you receive from the Website may contain sexually explicit material unsuitable for minors. If you no longer want to receive certain non-transactional communications, please review the Privacy Policy regarding opting out of marketing communications.

8. Memberships and Payments

• 8.1 Fees and Membership Information. The Website may offer various types of Memberships of different terms (ex: trial, monthly, three-month, yearly) (each, a "Membership Term") and each with different Fees. The Website accepts payment of Fees via the Payment Methods identified on the Website before checkout. Unless the Website indicates otherwise, User must have a valid Payment Method to make any purchase. Users are liable for Fees for Membership including applicable taxes, bank fees, and currency fluctuations. Each Membership Term (defined below in section 8) offered will have its own Fee indicated during the joining process and Website will rebill at the Fee and at the frequency indicated on the receipt sent to the User's email address. Fees are subject to change due to applicable laws and taxes; if you do not cancel within 30 days then you are deemed to have accepted the change in Fee. The Website may adjust Fees for Memberships, Individual Scene Purchases, and any other product and services offered to Users, at any time as it may determine in its sole discretion. The Website does not provide price protection or refunds in the event of a price reduction or promotional offering.
• 8.2 Auto-Renewal. Your Membership will continue for the Membership Term and automatically renew for additional prepaid periods of the same length at the rates in effect at the time you originally signed up until cancelled. Users must cancel their Membership forty-eight hours (48hrs) before it renews each term to avoid billing of the next term's Fees to their Payment Method. Until cancelled, the User authorizes the Website to continue charging the User's Payment Method to pay: (i) Fees for Membership; (ii) all purchases of other products, services, and entertainment provided by the Website; and (iii) other liabilities of User to the Website or any third party. Should you wish to cancel or terminate your Membership at any time, you may email Client Relations hello@secretseductress.com with notice to cancel your Membership. Please see section 10 below for further details.
• 8.3 Trial Membership. Trial Memberships Term varies, and its length will be indicated during the joining process and in the receipt sent to the User's email address. The Website will begin billing your Payment Method for monthly Fees at the end of the trial period, and your Membership will automatically renew each month unless you cancel before the end of the trial period. The Website may authorize your Payment Method through various methods, including authorizing it up to one month of service as soon as you register. In some cases, your credit card company may reduce your card's available balance or credit limit to reflect the authorization during your trial period. The Website or its payment processor will continue to bill your Payment Method monthly for your Fees until you cancel.
• 8.4 Individual Scene Purchases (Play-Per-Clip). The Website may offer the ability for Users to purchase individual scenes on a pay-per-clip basis. Each scene will have its Fee clearly indicated; it is the User's responsibility to verify the Fee of each scene prior to purchasing. All Individual Scene Purchases are one-time charges, meaning the Website will not charge you again unless User purchases additional Individual Scenes (no rebills). Users will have a lifetime access to all individual scenes purchased regardless of their type of Membership.
• 8.5 Delayed Transactions. If a User's Payment Method was declined, the Website may attempt to process the Payment Method again under the same conditions as initiated by the Users, within seven days of the User's first attempt to purchase their Membership. Where the Payment Method is approved in such a circumstance, the User will receive an email confirming the successful completion of their transaction along with their username and password details. The User's next rebill will be attempted on their initial rebill date. The Website reserves the right to change the Fee of the rebill or of the initial transaction to a lesser amount with the obligation to continue the User's Membership at the original rebill Fee, which shall take effect as of the next rebill unless the User cancels before that rebill, or at the initial Payment Method Fee to successfully complete the User's purchase of their Membership. In the event of an unsuccessful recurring payment, an administrative fee of up to $2 may be charged to maintain an active Membership until the full Membership Fee can be processed successfully.

9. Downloading

• 9.1 Materials that may be downloaded on the Website, including licensed content, is limited to 300 GB per day. At its discretion, the Website reserves the right to change the daily download limits at anytime without notice. The Website may suspend or ban accounts that exceed this daily limit. If your account is banned, you will get a pro-rated refund based on the time remaining in your Membership Term. Any user whose account is suspended or banned will receive an email notice from the Website.

10. Termination and Cancellation

• 10.1 Termination and Cancellation by the User. Users may cancel or terminate their Membership at any time and without cause by providing Client Relations with notice to cancel their Membership. Users may email Client Relations directly at hello@secretseductress.com. Users are liable for all Fees incurred on the Membership until 48 hours after notification of cancellation is received and acknowledged by the Website's Client Relations. It is the User's responsibility to ensure notification is adequately provided to the Website. All notification for cancellation should include full name, email address, and where applicable, the last four digits of the Payment Method.
• 10.2 Termination by the Website. The Website may suspend, disable, or terminate your access to the Website (or any part of it) for any reason, including but not limited to if it determines that you have breached this agreement, you engaged in fraud, you fail to comply with the Website's reasonable requirements (including but not limited to undergoing age verification and similar checks), that your conduct would tend to damage the Website's reputation and goodwill, or that your conduct would be deemed to be harassment (Harassing conduct may include epithets, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes; and written or graphic material that denigrates or shows hostility or aversion toward an individual) to any employment or representative of the Website.
• 10.3 Effect of Termination. On termination, your right to access the Website and all licenses granted by the Website terminates. The Website may block your email and IP address to prevent further access. Termination of your access to the Website will not relieve you of any obligations arising or accruing before termination or limit any liability that you otherwise may have to the Website or any third party.
• 10.4 Survival. This agreement's provisions that by their nature should survive termination will survive termination, including ownership provisions, warranty disclaimers, and limitations of liability.

11. Billing Disputes, Refunds, and Chargebacks

• 11.1 Billing Disputes. If you believe that the Website has charged your Payment Method in error, you must notify the Website in writing no later than 30 days after you receive the billing statement in which the error first appeared. If you fail to notify the Website in writing of a dispute within this period, you waive any disputed charges. You must submit any billing disputes in writing by emailing hello@secretseductress.com and include a detailed statement describing the nature and amount of the disputed charges. The Website will correct any mistakes in a receipt and add or credit them against your future payments.
• 11.2 Refunds. Fees are non-refundable once the Login details have been used on the Website. Non-use of a Membership or inability of User to access the Website through no fault of the Website are not grounds for a refund of Fees. There are no refunds of Fees or credits for partially used periods. If the Website issues a refund in its sole discretion, the Website will issue that refund in the form of a credit to the Payment Method used to make the original purchase. The Website will not process refunds in the form of cash, check, or free services. All refunds will be issued within ten days of communication between the User and the Website's Client Relations department. The provision of a refund in one instance does not entitle you to a refund in the future for similar instances, nor does it require the Website to issue refunds in the future under any circumstance.
• 11.3 Chargebacks. The Website carefully investigates all chargebacks, and may pursue various methods of challenge, including but not limited to representation, where the Website deems it appropriate to do so. The Website may prevent future purchases with the Website and its affiliates in the event of a chargeback. Chargebacks as well as any action taken by a User made to unlawfully or unreasonably obtain goods or services from the Website will constitute a breach of contract and will not be tolerated. The User will remain responsible for the consequences and expenses caused by such a breach of contract.

12. Intellectual Property Rights

• 12.1 Ownership. All content, features, functionality, and other materials found on the Website, including all visual interfaces, graphics, information, software (including source code and object code), text, displays, images, photos, videos, and audio, and the design, selection, and arrangement of them (collectively, "Materials") are owned by the Website, its licensors, or other providers of those Materials. Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws protect all Materials found on the Website.
• 12.2 License Grant. The Website hereby grants you a single, limited, personal, non-transferable, nonsublicensable, non-exclusive license (i.e., a personal and limited right) to access and use the Website for the sole purpose of accessing the Materials in the manner provided for your personal, non-commercial use only. You must not reproduce, distribute, resell, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Materials on the Website, except as follows:
  • (a) Your computer may temporarily store copies of those Materials in RAM incidental to your accessing and viewing those materials.
  • (b) You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • (c) You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
  • (d) You may download or stream any Materials to which you have properly gained access solely for your personal, noncommercial use and not for further reproduction, publication, or distribution.
  • (e) If the Website provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, on condition that you agree to be bound by the Website's end user license agreement for those applications.
  • (f) If the Website provides social media features with certain content, you may take those actions as are enabled by those features.

13. License Restrictions

• 13.1 You must not:
  • (a) Download any Materials unless the Website itself gives you that option and in accordance with section 9.
  • (b) Modify copies of any Materials from the Website.
  • (c) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • (d) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Materials from the Website.
• 13.2 You must not access or use for any commercial purposes any part of the Website or any services or Materials available through the Website.
• 13.3 If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of this agreement, your right to use the Website will stop immediately, and you must, at the Website's option, return or destroy any copies of the Materials you have made. As between you and the Website, the Website retains all right, title, and interest in all intellectual property rights in the Website and its Materials. No interest in or to the Website or any Materials on the Website is transferred to you other than your limited rights under this agreement, and the Website reserves all rights not expressly granted. Any use of the Website not expressly permitted by this agreement is a breach of this agreement and may violate copyright, trademark, and other laws. The Website reserves the right to terminate the license granted under section 12.2 at any time if the User breaches this agreement.
• 13.4 Trademarks. The Website's name and logo; the term SECRETSEDUCTRESS; the Website's logo; and all related names, domain names, logos, product and service names, designs, and slogans, as well as the Website's look and feel, including all page headers, custom graphics, button icons, and scripts are trademarks or trade dress of the Website, its affiliates, or licensors. You must not use those marks in whole or in part in connection with any product or service that is not the Website's, in any manner that is likely to cause confusion among consumers, or in any way that disparages or discredits the Website, without first obtaining the Website's prior written permission. Any use of these marks must be under any guidelines that the Website may provide you from time to time. All other service marks, trademarks, trade names, logos, product and service names, designs, and slogans on this Website are the marks of their respective owners. Reference on the Website to any products, services, processes, or other information-by trade name, trademark, manufacturer, supplier, or otherwise-does not constitute or imply the Website's endorsement, sponsorship, recommendation, or any other affiliation.

14. Prohibited Uses

• 14.1 You must use the Website only for lawful purposes and under this agreement. You must not use the Website:
  • (a) In any way that violates any applicable federal, provincial, local, or international law or regulation (including any laws about exporting data or software to and from the Canada or other countries).
  • (b) To exploit, harm, or to try to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.
  • (c) If the Website enables Users to share information with third parties, the User will not submit, publish, or display any obscene, defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material. Transmission of material violating any federal, state, or local law is prohibited and is a breach of this agreement. The Website will not be liable for any information posted by Users on the Website. The Website is not required, but reserves the right, to edit material posted by the User on the Website. The User hereby grants the Website an unlimited, worldwide, royalty-free license to collect, store, and disclose all material posted by the User on the Website.
  • (d) To transmit, or procure the sending of, any advertising or promotional material without the Website's prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • (e) To impersonate or attempt to impersonate the Website, a Website employee, another user, or any other person or entity (including by using email addresses or screen names associated with any of the preceding).
  • (f) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as the Website determines, may harm the Website or the Website's users or expose them to liability.
• 14.2 Additionally, you must not:
  • (a) Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website.
  • (b) Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any Materials.
  • (c) Use any manual process to monitor or copy any of the Materials or for any other unauthorized purpose without the Website's prior written consent.
  • (d) Use any software or process to record, download or rebroadcast any Materials.
  • (e) Use any device, software, or routine that interferes with the proper working of the Website.
  • (f) Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • (g) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • (h) Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • (i) Otherwise attempt to interfere with the proper working of the Website.

15. Changes to the Website.

The Website may update the Website's Content and Materials from time to time, but its content is not necessarily complete or up to date. Any of the Website's Materials may be out of date at any given time, and the Website is not required to update those Materials. The Website reserves the right to modify any Materials or the Website without your prior notice or consent.

16. Information About You and Your Visits to the Website.

For information about how the Website collects, uses, and shares your personal information, please review the Privacy Policy.

17. Links from the Website.

If the Website contains links to other sites and resources provided by third parties, those links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. The Website has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites linked to this Website, you do so entirely at your own risk and subject to the terms of use for those third-party sites.

18. Warranty Disclaimers

• 18.1 You understand that the Website cannot and does not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. The Website will not be liable for any loss or damage caused by a distributed denial-of-service attack, virus, or other harmful material that might infect your computer due to your use of the Website or any services or items obtained through it.
• 18.2 You use the Website, its content, and any services or items obtained through it at your own risk. The Website provides the Website, its content, and any services or items obtained through it "as is" and "as available." The Website is not making any warranty, whether express, implied, statutory, or otherwise, including any warranty of merchantability, title, non-infringement, security, and fitness for a particular purpose. The Website is not making any warranty (1) that the Website, its content, or any services or items obtained through it will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that the Website or the server that makes it available are free of viruses or other harmful components; or (4) that the Website or any services or items obtained through it will otherwise meet your needs or expectations. No advice or information, whether oral or written, obtained from the Website, the Website, or elsewhere will create any warranty not expressly stated in this agreement.

19. Limit on Liability; Release

• 19.1 The Website, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any of the following:
  • (a) Errors, mistakes, or inaccuracies of Materials;
  • (b) Personal injury or property damage resulting from your access to and use of the Website, the Services, or the Materials;
  • (c) Materials or conduct that is infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libelous, abusive, invasive of privacy, or illegal;
  • (d) Unauthorized access to or use of the Website's servers and any personal or financial information stored in them, including unauthorized access or changes to your account, transmissions, or data;
  • (e) Interruption or cessation of transmission to or from the Website;
  • (f) Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Website by any person or that might infect your computer or affect your access to or use of the Website, your other services, hardware, or software;
  • (g) Incompatibility between the Website and your other services, hardware, or software;
  • (h) Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with the Website; or
  • (i) Loss or damage incurred because of the use of any Materials posted, emailed, sent, or otherwise made available through the Website.
• 19.2 You hereby release the Website, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers from all liability arising out of the conduct of other users or third parties, including disputes between you and one or more other users or third parties.

20. Exclusion of Damages; Exclusive Remedy

• 20.1 Unless caused by gross negligence or intentional misconduct, the Website, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages arising out of or relating to your access or your inability to access the Website or its content. This exclusion applies regardless of the theory of liability and even if you told the Website or it knew or should have known about the possibility of damages.
• 20.2 The Website, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Website or the content. This exclusion applies regardless of the theory of liability and even if you told the Website or it knew or should have known about the possibility of damages.
• 20.3 If you are dissatisfied with the Website or the Services or have any other complaint, your exclusive remedy is to stop using the Website and the Services. The Website's maximum liability to you for any claim will not exceed the greater of $200 and the amount you have paid to the Website for the applicable purchase out of which liability arose, even if that remedy fails of its essential purpose.

21. Scope of Disclaimers, Exclusions, and Limitations.

The disclaimers, exclusions, and limitations stated in sections 18, 19 and 20 apply to the greatest extent allowed by law, but no more. The Website does not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limitations might not apply to you.

22. Indemnification

• 22.1 In General. You will pay the Website, its directors, officers, employees, agents, contractors, subsidiaries, affiliates, licensors, content providers, and service providers ("Indemnified Parties") for any loss of an Indemnified Party that is caused by any of the following: (a) your access of or conduct on the Website; (b) your breach of this agreement; (c) your violation of rights of any person, including intellectual property, publicity, and privacy rights; (d) your violation of any applicable law; (e) your tortious acts or omissions; or (f) your criminal acts or omissions. But you are not required to pay if the loss was caused by the Indemnified Party's intentional misconduct.
• 22.2 Definitions. "Loss" means an amount that the Indemnified Party is legally responsible for or pays in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages. A loss is "caused by" an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
• 22.3 Indemnified Party's Duty to Notify. The Indemnified Party will notify you before the 30th day after the Indemnified Party knows or should reasonably have known of a claim for a loss that you might be compelled to pay. But the Indemnified Party's failure to timely notify you does not end your obligation, except if that failure prejudices your ability to defend or mitigate losses.
• 22.4 Legal Defense of a Claim. The Indemnified Party has control over defending a claim for a loss (including settling it) unless the Indemnified Party directs you to control the defense. If the Indemnified Party directs you to control the defense, you will not settle any litigation without the Indemnified Party's written consent if the settlement (1) imposes a penalty or limitation on the Indemnified Party, (2) admits the Indemnified Party's fault, or (3) does not fully release the Indemnified Party from liability. You and the Indemnified Party will cooperate in good faith on a claim.
• 22.5 No Exclusivity. The Indemnified Parties' rights under this section 22 do not affect other rights they might have.

23. Governing Law and Jurisdiction

• 23.1 Quebec law governs all adversarial proceedings arising out of this agreement or access or use of the Website. This agreement's predominant purpose is providing services and licensing access to intellectual property and not a "sale of goods." The United Nations Convention on Contracts for the International Sale of Goods will not govern this agreement, the application of which is expressly excluded.

• 23.2 Except for disputes subject to arbitration, all disputes arising out of or relating to the Website or this agreement will be subject to the exclusive jurisdiction and venue of the federal courts of Canada or any provincial court of competent jurisdiction in the Province of Quebec. Each party hereby submits to the personal jurisdiction of the federal courts of Canada and the provincial courts of competent jurisdiction in the Province of Quebec to resolve all disputes not subject to arbitration. Each party hereby waives any right to seek another forum or venue because of improper or inconvenient forum.

24. Dispute Resolution and Binding Arbitration

• 24.1 Arbitration
  • (a) You and the Website agree to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) between you and the Website arising from or relating in any way to your use of the Website or the Services, will be resolved exclusively and finally by binding arbitration.
  • (b) ADR Chambers. (ADR) (or a similar online dispute resolution provider if ADR is not available) will administer the arbitration under its rules available at adrchambers.com, then in effect, except as modified by this section 24.1. The Arbitration Act (Canada) and the Civil Code of Quebec will govern the interpretation and enforcement of this section 24.1. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the Prevailing Party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
  • (c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide the Website with written notice of your intention to do so within 60 days of the date your claim arose. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
  • (d) You agree to arbitration on an individual basis. In any dispute, neither you nor the Website will be entitled to join or consolidate claims by or against other Users in court or in arbitration or otherwise participate in any claim as a class representative, class member, or in a private attorney general capacity. The arbitral tribunal will not consolidate more than one person's claims and will not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
  • (e) If any provision of this section 24.1 is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
• 24.2 Recovery of Expenses. In any proceedings between the parties arising out of this agreement or relating to the subject matter of this agreement, the Prevailing Party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the Prevailing Party incurs in those proceedings, including legal fees and expenses. For purposes of this section 24.2, "Prevailing Party" means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the Prevailing Party. If any proceedings are voluntarily dismissed or are dismissed as part of the settlement of that dispute, neither party will be the Prevailing Party in those proceedings.
• 24.3 Jury Trial Waiver. Each party waives its right to a jury trial in proceedings arising out of or relating to this agreement. Either party may enforce this waiver up to and including the first day of trial.
• 24.4 Limitation on Time to Bring Claims. A party will not bring a claim arising out of or relating to the Website or this agreement more than one year after the cause of action arose. Any claim brought after one year is barred.

25. General

• 25.1 Entire Agreement. This agreement constitutes the entire agreement between you and the Website about your use of the Website and the Services and supersedes all earlier or contemporaneous agreements between you and the Website about your access to and use of the Website and the Services. Any additional terms on the Website will govern the items to which they pertain.
• 25.2 Assignment and Delegation. The Website may assign its rights or delegate any performance under this agreement without your consent. You will not assign your rights or delegate your performance under this agreement without the Website's prior written consent. Any attempted assignment of rights or delegation of performance in breach of this section 25.2 is void.
• 25.3 Waiver. If the Website fails to exercise or enforce any right or provision of this agreement, it will not constitute a waiver of that right or provision. Any waiver of any provision of this agreement will be effective only if in writing and signed by the relevant party.
• 25.4 Severability. If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
• 25.5 Notices
  • (a) Notice to the Website. You may notify the Website by email at hello@secretseductress.com unless a specific email address is given for providing notice. The Website may change its contact information on one or more occasions by posting the change on the Website. Please check the Website for the most current information for notifying the Website.
  • (b) Notice to You-Electronic Notice. You consent to receive any notice from the Website in electronic form either (1) by email to the last known email address the Website has for you or (2) by posting the notice on a place on the Website chosen for this purpose. You state that any email address you gave the Website for contacting you is a valid email address for receiving notice.
• 25.6 Force Majeure. The Website is not responsible for any failure to perform if unforeseen circumstances or causes beyond its reasonable control delays or continues to delay its performance, including (a) acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; (b) war, riot, arson, embargoes, acts of civil or military authority, or terrorism; (c) fiber cuts; (d) strikes or shortages in transportation, facilities, fuel, energy, labor, or materials; (e) failure of the telecommunications or information services infrastructure; and (f) hacking, SPAM, or any failure of a computer, server, network, or software.
• 25.7 No Third-Party Beneficiaries. Except for the Indemnified Parties, who are third-party beneficiaries of section 22 of this agreement having the right to enforce section 22, this agreement does not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.
• 25.8 Relationship of the Parties. This agreement does not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship between the parties and the parties expressly disclaim the existence of any of these relationships between them. Neither party is the agent for the other, and neither party may bind the other on any agreement with a third party.
• 25.9 Binding Effect. This agreement benefits and binds the parties and their respective heirs, successors, and permitted assigns.
• 25.10 Electronic Communications Not Private. The Website does not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to the Website or from the Website as open communications readily accessible to the public. You should not use the Website to send or receive messages that you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to the Website regardless of whether they are intended recipients.
• 25.11 Electronic Signatures. Any affirmation, assent, or agreement you send through the Website will bind you. You acknowledge that when you click on an "I agree," "I consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
• 25.12 Feedback. The Website encourages you to provide feedback about the Website or the Services. But the Website will not treat as confidential any suggestion or idea provided by you, and nothing in this agreement will restrict its right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
• 25.13 Complaint Policy. The Website has a complaint process that allows you or anyone to report to the Website any conduct of a user that may be illegal or that otherwise violates this agreement. If you have a complaint about the Website, please send your complaint to hello@secretseductress.com, including your name, address, contact details, a description of your complaint. After receiving your complaint, (a) the Website will take those steps as the Website considers to be appropriate to investigate your complaint within a timeframe that is appropriate to the nature of your complaint (b) if the Website requires further information or documents from you, the Website will contact you to let you know; and (c) the Website will in good faith take those actions as it considers appropriate to deal with the issue that your complaint has raised. The Website is not required to inform you of the outcome of your complaint. You state that you will not make any complaint that is unjustified, abusive, or made in bad faith. If the Website determines that you have breached this warranty, the Website may suspend or terminate your account.