Terms & Conditions

Your use or access of our service in any way means that you have read, understand and agree to be bound by these terms.

Please carefully read these Terms and Conditions. By visiting this website or by using any service, product, software or other aspect of this website (which together are referred to herein as the "Service"), you are agreeing to be bound by all provisions stated in these Terms and Conditions.

By using the Service, you are entering into a binding agreement between you and Foxy.co (which is referred to in these Terms and Conditions as "we," "us," or "our"). You are referred to below in these Terms and Conditions as "You," "Your," or "Member." Additionally, You may be subject to additional terms and conditions that may apply when You use affiliate or third-party services, payment processors, or software.

If you do not agree to these Terms and Conditions in their entirety, You must leave our website and not use any of our Services.

Minimum Age Requirement

To use our Services or visit our website(s), You must be AT LEAST 18 YEARS OLD, and the age of majority in each and every jurisdiction in which You view our website. If You are not at least 18 years old and the age of majority in Your jurisdiction, then You must immediately leave our website and cease and desist from using any of our Services.

DMCA Notices (for Copyright Infringement)

Foxy.co complies with the copyright laws of the United States, namely the Digital Millennium Copyright Act ("DMCA"). As a part of our compliance, we will make reasonable efforts to remove any content that infringes upon the copyrights of others. If you own copyrights, or are the authorized agent for the owner of copyrights that you believe are being infringed upon via our Services, please contact Foxy.co's designated Copyright Agent with the requested information below, and we will take whatever action we deem appropriate –up and to including removal of the challenged material.

Here is the info we need in order to respond to your complaint:

  1. Name of Copyrighted Work
  2. Identify the infringing content on our Services.
  3. Provide your full name, address, phone, and e-mail address.
  4. Include the following Statements:
    1. "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
    2. "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  5. Provide your FULL LEGAL NAME, and the words SIGNED, (Signature or Electronic Signature).
  6. Send the Notice to: support@foxy.co

Rules for Foxy

  1. We can modify or terminate any and all Services at any time for any reason without notice, without any liability to you.
  2. We can refuse access to the Service to anyone at any time, and can refuse the right to any username for any reason – or even require the forfeit of a username at any time.
  3. We are NOT responsible for the interaction between users of the Service (including between Members and any potential content generators/models/actresses, and has the right but not obligation to monitor or become involved in your disputes with other users of our Services.
  4. We can also change the Rules at any time without notice.
  5. You should periodically review the most up-to-date versions of these Terms and Conditions.

Membership & Member Requirements

By visiting our website, using our Services, and/or by becoming a Member, You agree and represent that:

  1. You are at least 18 years old and the age of majority in each and every jurisdiction in which You view our website
  2. You will not provide or permit access or use of Your Account or the Service to any minor or other third party, and You will not engage or take any action while visiting our website or using the Service which in any way promotes inappropriate sexual activity involving minors.
  3. The Service may not be accessed or used where prohibited by local law or other law. Your use of the Service must be in compliance with all applicable laws, rules, regulations, and ordinances.
  4. In visiting our website or using the Service, You may encounter, view, or download Content that may be considered sexually explicit, offensive, indecent or objectionable, which Content may not be specifically identified as such. YOU FULLY ASSUME ALL RISK OF LOSS AND HARM ARISING OUT OF YOUR USE OF THE SERVICE.
  5. You are responsible for maintaining the confidentiality of and restricting access to Your Account and password. You agree to accept sole responsibility for all activities that occur under Your Account or password. You agree to contact our customer service department immediately of any breach of security or unauthorized use of Your Account or any violation of these Terms and Conditions by others of which You are aware.
  6. Since our website may contain links or ads to third-party websites or services, You acknowledge and agree that we have no control over, do not endorse, and are not responsible in any way for any actions taken by or damages sustained by You relating to such third-party websites or services.
  7. Each Membership is for the use of the Member only. Sharing of accounts and/or usernames and passwords is strictly forbidden and will result in termination of Your account.

When registering as a Member of our website and continuing during the term of Your Membership, You agree to provide us with accurate, complete, and current registration information. Failure to do this shall constitute a breach of these Terms and Conditions and unauthorized access to our website. Unauthorized access to our website could result in immediate termination of Your account and subject You to civil and criminal liability. Unless You have prior written authorization from us, You may not register for additional Accounts after any such termination.

Upon registering as a Member, You will choose a username and password. You may not select or use a username of another person, impersonate another individual, or use a name that violates a third party’s property or privacy rights (including name/likeness rights, trademark rights, or any other associated rights), or a username that we deem, in our sole discretion, offensive or otherwise inappropriate. We own all usernames and we license them to You while You are a Member. Additionally, You may not use Your username in violation of these Terms and Conditions or in ways we deem inappropriate in our sole discretion. We reserve the right to delete any display name for any reason at any time.

You are entirely liable for all activities conducted through Your Account. A Member may not permit another individual to use the Member’s Account. Members who have had their Membership terminated may not access our website without our prior express written (including email) permission.

Members may cancel their Account at any time by logging in and completing the cancellation form. If You are unable to log in or use this form, You may contact us by sending an email to support@foxy.co. To ensure effective cancellation, please provide Your login name, Your full legal name.

Third Party Billing Processor

Foxy uses a third party billing processor to process payments. By using foxy.co, the Services and/or submitting payments through the platform and credit card processor, You agree to the terms and conditions of the third party billing processor.

Refund Policy

All sales are final. We have a "no refunds" policy. In our sole discretion and in extraordinary circumstances, we may provide credits in the event You experience technical difficulties that You demonstrate to have made a sincere effort to resolve (or proof of non delivered items in connection with the purchase of deliverable items). We do not provide cash refunds, unless we determine in our sole discretion that extraordinary circumstances apply. Please contact support@foxy.co for any billing issues.

Termination

We reserve the right to terminate Your Membership at any time for any reason in our sole discretion.

This includes but is not limited to we have the right to deny service for accounts and users which in our sole discretion are deemed to be fraudulent or otherwise high risk accounts. We also reserve in our sole discretion the right to report to and cooperate with law enforcement with respect to any claims of potential fraud.

You also may terminate Your Membership at any time, subject to Your continuing duty to pay all charges incurred by You. You agree this is Your sole remedy with respect to any dissatisfaction with us, including but not limited to Your dissatisfaction with our Terms and Conditions, any Content available on our website, any amount or type of fees or charges, or our billing practices. You can terminate Your Membership by delivering notice to our Customer Service Department by sending an email to support@foxy.co. To ensure effective cancellation, please provide Your login name, Your full name, and the last 4 digits of Your credit or debit card number (or the full account number associated with your alternative payment method).

In the event Your account is terminated or canceled, no refund (including but not limited to any Membership fees) will be granted and no online time or other credits will be credited to You or can be converted to other form of reimbursement. Active Members may not allow former Members or other agents whose Memberships have been terminated to use their Accounts. Any delinquent or unpaid accounts with unresolved issues with our Customer Service Department or any other of our departments must be fully paid or otherwise resolved before You may re-register with our website. Members using multiple accounts without prior express written permission from us shall have their Membership terminated.

If You terminate Your account, any content purchased will remain available for 6 months following Your termination. Please contact support@foxy.co if you are having any issues with purchased content.

Content

As used in these Terms and Conditions, the word "Content" shall mean any photographs, images, videos, graphics, banner ads, music, sounds, communications, information, software, emails, or any other type of content whatsoever. You acknowledge and understand that our website permits access to Content that is protected by copyrights, trademarks, and other intellectual property rights ("Proprietary Rights"), which Proprietary Rights are valid and protected in all media and technologies existing now or later developed.

In the event You submit or post any Content of any type to or on our website, You acknowledge and agree that You have the legal right to do so, and that any such Content is not being used by You in any way which violates any other entity’s Proprietary Rights. By submitting or posting to or on our website any Content, You grant us and our affiliates the royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any rights that may exist in such Content. You also warrant that the holder of any Proprietary Rights (including moral rights) in any such Content has completely, validly, and irrevocably granted to You the right to grant the license stated in this paragraph. You also permit any Member and authorized user to access, display, view, store, and reproduce the Content for personal use. You agree that we may employ virus-checking technology to protect our website from viruses. You also acknowledge: (i) any and all Content on or related to our website is provided under license by us, our affiliates, You, or Independent Content Providers ("ICPs"); and (ii) at a minimum, we have copyright rights or other Proprietary Rights in all such Content. You further agree that such license is being granted for good and valuable consideration, including the right to use and access our site, utilizing our underlying technology platform, and other associated Member benefits.

You understand You must evaluate and bear the risk associated with any reliance on the accuracy, completeness or usefulness of any Content contained on our website. We do not pre-screen Content as a matter of policy. However, we, our affiliates, and the ICPs shall have the right, but not the responsibility, to remove Content that is deemed harmful, offensive, or in violation of these Terms and Conditions. You recognize communications over our website often occur in real time or are posted on one of our website’s chat rooms. You acknowledge we cannot, and do not intend to, screen communications in advance for accuracy or conformance to these Terms and Conditions or any laws. However, we may elect, in our sole discretion, to monitor some, all, or none of our public areas for adherence to these Terms and Conditions. Accordingly, You acknowledge neither we, our affiliates, nor any ICP shall assume or have any liability for any action or inaction with respect to Content or Content changes on or within our website.

You also agree and acknowledge that any Content which You may submit or post to or on our website is not in violation of any of the Prohibited Conduct described in the following section.

Purchased Content

We make no guarantees as to the technical and/or artistic quality of the and of the Services or live cams made available from models on our site, as quality may vary depending upon internet connections and other factors. If you are having technical difficulties connecting, please contact your internet service provider and check your computer equipment. If systems persists, please contact support@foxy.co.

In the event goods are purchased directly from the models, the models will be solely responsible for the shipping, packing, and goods therein. As such, it is up to the customer & model to arrange shipping and we are not responsible for the condition of the goods being delivered.

Prohibited Conduct

You agree to use our website only for lawful purposes. You shall not use the Service or our website to, either directly or indirectly:

  1. Upload, post, or otherwise make available files or products that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents to do same;
  2. Upload, post, email or otherwise transmit any submission that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  3. Harm or unlawfully exploit minors in any way (including but not limited to uploading, posting, emailing, or otherwise transmitting any submission involving a minor);
  4. Upload, post, email otherwise transmit any submission depicting illegal activities, illegal drugs, bestiality, pee, poop, incest and animal cruelty;
  5. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  6. Forge headers or otherwise attempt to disguise the origin of any submission transmitted through the Site;
  7. Upload, post, email or otherwise transmit any submission that You do not have a right to transmit under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  8. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that We may designate for such purpose;
  9. Interfere with or disrupt the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks or third party providers connected to, or providing the Site;
  10. Intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
  11. "Stalk" or otherwise harass another member, model, actress, or User of the Site;
  12. Collect or store personal data about other Users, model, actress, or Members, including via the use of any data mining, bots, or similar data gathering and extraction tools;
  13. Duplicate any part of Our Site or the Materials contained therein or received via the Services (except as expressly provided elsewhere);
  14. Create any derivative works based on Our Site or any of the Materials contained therein or received via the Services, and You agree and stipulate that any and all derivative works are NOT "fair use";
  15. Use Our Site or Services, or any of the Materials contained therein, for any public display, public performance, sale or rental, and You hereby agree and stipulate that any and all such uses are NOT "fair use";
  16. Re-distribute or "scrape" Our Site or any of the Materials contained therein or received through the Services, and You hereby agree and stipulate that any and all such uses are NOT "fair use";
  17. Remove any copyright or other proprietary notices from Our Site or any of the Materials contained therein;
  18. Frame or utilize any framing techniques in connection with Our Site or any of the Materials contained therein;
  19. Use any meta-tags or any other "hidden text" using Our Site’s name or marks, and You hereby stipulate that any use of the Site’s name or marks, or any other marks owned by Us is an infringement upon Our trademark rights, and You stipulate to liquidated damages of five thousand dollars ($5,000) per such infringement, plus You agree to pay any and all fees incurred in the recovery of this amount, including attorney’s fees and all associated costs;
  20. Circumvent any encryption or other security tools used anywhere on the Site or in conjunction with the Services (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Site);
  21. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
  22. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s property or of the Site and Services;
  23. Download any file posted by another user of a Service that You know, or reasonably should know, cannot be legally distributed in such manner;
  24. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  25. Restrict or inhibit any other user from using and enjoying the Services;
  26. Publish falsehoods or misrepresentations that could damage the Site or any third party;
  27. Post advertisements or solicitations of business;
  28. Use the Services in connection with unlawful contests, lotteries, or gambling; pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
  29. Sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or Services or any of Your rights to access and use the Materials or Services as granted specifically by this Agreement;
  30. Use Our Services for any commercial purpose unless expressly agreed to by Us in writing and at Our sole discretion. Without such consent by Us, Your use of the Site and Services is strictly for personal use;
  31. Share any information provided to You by another Member unless such Member has given you permission to do so;
  32. Organize and/or participate in any funds transfer or any asset transfer arrangement organized by any Member You meet on this Site;
  33. Request or send money, or any other form of financial assistance, from or to any Member, user, actress, model, or content provider and/or that You encounter on this Site;
  34. Harvest or otherwise collect information about others, including e-mail addresses or other personally-identifiable information;
  35. Create a false identity, including misrepresented real age, location, country of residence, country of origin, religion, height, weight, and any other item of personal description for the purpose of misleading others;
  36. Provide personal contact information such as email address, telephone numbers, street address or similar personally-identifying information in Your Member profile or any other publicly-viewable posts.
  37. We reserve the right to review and/or reject any content created and/or posted by Users and We may delete any content contained within, but not limited to, the communication mediums set forth without warning, although the Site undertakes no obligation to monitor User content or take any such actions. We encourage Our Members to report any violations of these restrictions by other Members. Uploading prohibited depictions violates this Agreement, and may result in suspension or cancellation of Your account.
  38. You agree to cooperate with Us in causing any unauthorized use to cease immediately. You are solely responsible for submitting any material that violate any United States or international laws even if a claim arises after Your service is terminated, and by doing so, Your actions shall constitute a material breach of this Agreement and the Site shall terminate all of Your rights under this Agreement. Nothing contained in this Agreement shall obligate Us to monitor or investigate any use of Our Services by Our Users or other third parties, other than as required by applicable law.

Interference. Except where expressly permitted by law, You may not translate, reverse-engineer, decompile, disassemble, or make derivative works from any of Our Materials or any other materials from Our Site. User hereby agrees not to use any automatic device or manual process to monitor or reproduce the Site or Materials, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage the Site or any communications on it. If You do not adhere to this provision of this Agreement, You hereby stipulate to and agree to pay liquidated damages of five thousand dollars ($5,000) plus any and all fees associated with recovery of these damages, including attorney’s fees and costs.

Zero tolerance for abuse. We uphold a zero-tolerance policy for abusive, defamatory, libelous or hateful conduct towards the Company and its contractors, actresses, models, Users and other Members, and Company reserve the right to revoke, at any time, your access to our Services for such conduct on the site and its related domains along with any potential direct claims arising out of your activity.

Marketing & Promotion

User grants Foxy.co a world wide, non-exclusive, royalty free license to any images uploaded to the users Account section "Promotional Images" these rights include but are not limited to use, publish in print or digital media, copy or advertise, any and all photographic materials uploaded to the "Promotional Images" section plus the right to use fictionalize or real information as descriptive information. This consent and release shall expressly extend to any assigns of Foxy.co and shall extend to future photographic materials, shall be in a term equal to the copyright period and shall be irrevocable.

Links and Linking

Some websites which are linked to the foxy.co are owned and operated by third parties. Because We have no control over such websites and resources, you acknowledge and agree that we are not responsible or liable for the availability of such external websites or resources, and do not endorse them, and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites or resources.

You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such website or resource. If you decide to access any such third-party website, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein.

Users further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by this website's user agreement or other online contracts, which are incorporated into this agreement by reference.

Links to external websites (including external websites that are framed by the Website) or inclusions of advertisements do not constitute an endorsement by us of such websites or the content, products, advertising, or other materials presented on such website, but are for user's convenience.

All Users do hereby agree to hold us harmless from any and all damages and liability that may result from the use of links that may appear on the Website. We reserve the right to terminate any link or linking program at any time.

Disclaimers

YOU AGREE YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. WE PROVIDE THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR PERSONAL USE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, RELATED COMPANIES, AGENTS, AND OTHER REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND OTHERS). OUR SERVICE IS PROVIDED ON A COMMERCIALLY REASONABLE BASIS. WE DO NOT GUARANTEE THAT A MEMBER WILL BE ABLE TO ACCESS THE SERVICE AT A TIME OR LOCATION OF MEMBER’s CHOOSING.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR WEBSITE’s CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR WEBSITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS BY US OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY MEMBER OR ANY THIRD-PARTY AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR APPEARING ON OUR WEBSITE IN ANY ADVERTISING OR OTHERWISE. WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY LIABILITY TO YOU OF ANY TYPE WHATSOEVER. IN NO EVENT WILL WE OR OUR OFFICERS, MANAGERS, OWNERS, DIRECTORS, EMPLOYEES, PARENT COMPANY, RELATED COMPANIES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) RESULTING FROM: (1) ANY ERRORS, MISTAKES, OR ACTIONS BY US IN ANY WAY RELATED TO YOUR USE OF THE SERVICE OR OUR WEBSITE; (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR USE OF THE SERVICE OR ACCESS TO THE SERVICE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICE, SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON OUR SERVERS; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS OF ANY KIND WHATSOEVER OF ANY TYPE IN ANY WAY RELATED TO THE SERVICE INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE RELATED IN ANY WAY TO THE SERVICE.

YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN THE EVENT YOU CLAIM THERE WAS ANY PROBLEM WITH YOUR USE OF THE SERVICE, YOU AGREE THAT YOUR SOLE REMEDY SHALL BE TO SEEK REIMBURSEMENT FOR ANY FUNDS PAID FOR THE SERVICE, AND WE SHALL HAVE SOLE DISCRETION TO DETERMINE IF ANY PORTION OF YOUR FUNDS SHOULD BE REIMBURSED TO YOU.

TO THE EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS, OR YOUR USE OR ATTEMPTED USE OF FOXY.CO. WE ARE SPECIFICALLY NOT LIABLE FOR LOSS ASSOCIATED WITH UNFULFILLED ORDERS AND FROM LOSSES CAUSED BY CHARGEBACKS OR REFUNDS, “WE” AND “OUR” IS DEFINED TO INCLUDE OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY SERVICE PROVIDERS.

YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE IN ANY WAY MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. BOTH PARTIES EXPRESSLY AGREE TO WAIVE THEIR RIGHTS TO ANY LONGER STATUTE OF LIMITATIONS.

Indemnification

You agree to indemnify, hold harmless and defend us and our officers, managers, owners, shareholders, directors, employees, parent company, related companies, agents, and other representatives from and against any and all lawsuits, claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney’s fees) in any way related to or arising from: (1) Your use of and access to the Service or use of Your account by any other person; (2) Your violation of any term of these Terms and Conditions; (3) Your violation of any third-party right, including without limitation any copyright, trademark, patent, other intellectual property right, privacy right, or any other right; (4) any claim that Your Content caused damage to a third party; or (5) any action by You which is negligent, tortious or otherwise wrongful. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter subject to indemnification by You hereunder. This defense and indemnification obligation will survive these Terms and Conditions and Your use of the Service.

Applicable Law and Jurisdiction

These Terms and Conditions and this Agreement shall be governed by and construed exclusively in accordance with the internal laws of the State of California, USA, without giving effect to California’s principles of conflicts of law. As noted above, Member conduct may be subject to other local, state, and national laws. Any legal action or proceeding with respect to these Terms and Conditions and this Agreement or any issues related thereto shall be brought in and venue shall lie in the Los Angeles County Superior Court for the State of California or the United States District Court for the Southern District of California at Los Angeles, which courts shall have exclusive jurisdiction concerning any such legal action or proceeding. Each of the parties hereto hereby irrevocably waives any objection (including without limitation any objection to the laying of venue based on the grounds of inconvenient forum), which it may now or hereafter have to the exclusive venue of any such legal action or proceeding being in such above specified courts.

You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to our website any data or software that cannot be exported without prior written government authorization, including but not limited to certain types of encryption software. This assurance and commitment shall survive termination of this agreement.

Miscellaneous

These Terms and Conditions shall constitute the entire agreement between You and us, superseding any prior agreements, writings, or communications between You and us with respect to the subject matters discussed in these Terms and Conditions. If any part or portion of these Terms and Conditions is held invalid or unenforceable, that part or portion shall be construed consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining parts and portions shall remain in full force and effect.

The rights and liabilities under these Terms and Conditions may not be transferred or assigned by You, although our rights and liabilities under these Terms and Conditions may be transferred or assigned by us in our sole discretion. No waiver or failure to enforce by us of any term or provision contained in these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision in any way.

You also agree and accept that as we make available any new products on or through our website, Your use of these products is subject to these Terms and Conditions. In addition to Content and services provided by us, our affiliates, and ICPs, other entities may offer Content, software or other services to Members with their own terms and conditions and usage policies relating to Your use. Failure to abide by these terms and conditions may result in termination of Your Membership to our website. Third party trademarks referenced in or in any way related to the Service are the property of their respective owners.

As stated above, we reserve the right to amend or change these Terms and Conditions at any time and without direct notice to You. It is Your responsibility to periodically review these Terms and Conditions for any amendments or changes. Your use of the Service following any such amendments or changes will signify Your assent to and acceptance of any such amendments or changes.

18 U.S.C. § 2257 Records Keeping Exemption Statement

Latest update: December 2019