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Terms of Use

 

Electronic Contracting and Notices.  As a Customer and/or user of this website (also "you" and "your" and "Customer") your affirmative act of using this website, making a purchase or registering for a Fetish Points Account constitutes your electronic signature to these Terms and Conditions of Use and your consent to enter into agreements with us electronically.  Each time you login to your Fetish Point Account or make a purchase you are deemed to agree to abide by these terms and conditions, as published here and amended from time to time with or without notice. If you do not agree to these terms, you may cancel your registration.  All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

Right to Cancel, Postpone. FetishMeUp has the right to postpone, cancel or investigate further any order or shipping address deemed suspicious.  If your order requires any further action by DFCF, LLC, you will be notified via email address used when placing order.  If your email address "bounces" or we receive a notice that the email address you used is invalid, your order will automatically be placed on hold until you contact us.

Disclaimer of Warranties. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT ABOVE, ALL FetishMeup SERVICE AND PRODUCST ARE PROVIDED UNDER THIS AGREEMENT "AS IS" AND FetishMeUp HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE PRODUCTS AND ALL SERVICES UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF SERVICE. FetishMeUp makes no representations or warranties regarding the reliability, availability, timeliness, quality, suitability, truth, accuracy or completeness of the FetishMeUp website or the services or products provided by FetishMeUp or the results Customer may obtain by using the FetishMeUp website or products purchased thereon.

Medical disclaimer. No article, commentary, advice nor any other content on this web site is or should be construed as a substitute for professional medical advice. This web site is not designed to, and does not provide medical advice. All content on this web site is for general informational purposes only. This content is not intended to be a substitute for professional medical advice, diagnosis or treatment. You agree to never disregard professional medical advice, or delay seeking it because of anything you read on this web site.

Customer's Duties and Obligations.

  • 1. Customer is solely responsible for obtaining and maintaining the necessary software, hardware, Internet connection, and other systems in order to access and use this Site
  • 2. Customer may not disseminate or transmit any material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or harms minors in any way;
  • 3. Customer may not disseminate or transmit any material that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  • 4. Customer may not disseminate or transmit any material that constitutes unsolicited or unauthorized advertising, promotional materials, surveys, contests, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • 5. Customer may not disseminate or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • 6. Customer may not disseminate or transmit any material that otherwise may: (i) constitute a criminal offense; (ii) give rise to civil liability; or (iii) violate applicable law, rule or regulation.
  • 7. Customer will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with its use of this website and purchases of products from FetishMeUp, including without limitation those related to data privacy, international communications, and decency laws in locations other than the location from which FetishMeUp controls and operates the website or to foreign nationals of embargoes or restricted countries under U.S. export control laws.

Fetish Points. Fetish Points are only available to registered FetishMeUp.com members. Fetish Points may only be collected and used with online purchases. Fetish Points are only valid at FetishMeUp.com. Fetish Points are non-transferable, non-refundable and cannot be transferred between FetishMeUp.com members. Fetish Points are non-transferable or exchangeable for cash under any circumstances.  Fetish Points will not be refunded for any cancelled order.  When redeeming your Fetish Points on a purchase another payment method must be selected if there is not enough in your Fetish Points Account to cover the cost of your purchase.  Sales tax, shipping and handling charges, and any transaction fees, if applicable, are not included in calculating the amount of Fetish Points to be credited for purchases. Unless specifically stated at checkout, products purchased with Fetish Points do not qualify for the award of additional Fetish Points.

Indemnification. You agree to defend, indemnify and hold the FetishMeUp Company and its officers, members, employees and affiliates harmless from any and all claims, losses, judgments, damages, expenses and liabilities whatsoever (including reasonable attorneys' fees and other expenses) incurred by any of them in connection with, by reason of, or arising out of any claims that are caused by your use of the products purchased from this site and from any gross negligence or fraud of you, your agent, or anyone you give access to your account in connection with FetishMeUp.com and the Fetish Points Program.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FETISHMEUP.COM OR DFCF, LLC, ITS AFFILIATES, EMPLOYEES, LICENSORS, SUPPLIERS, OR AGENTS (COLLECTIVELY, THE "FETISHMEUP  GROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS WEBSITE OR THE FETISH POINTS PROGRAM OR THE USE OF OR INABILITY TO USE THE WEBSITE OR FETISH POINTS PROGRAM OR ANY  GOODS OBTAINED THROUGH THE USE THEREOF, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, THE FETISHMEUP  GROUP'S ENTIRE COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES YOU PAID FOR THE PRODUCTS (IF ANY).   

No Cash Value. Fetish Points have no cash value. Fetish Points are redeemable only via the Internet at FetishMeUp.com.com and only under the terms explained above, or under such terms as may be in effect and published here at the time of redemption. Fetish Points are void where prohibited, taxed, or otherwise restricted by law. By redeeming Fetish Points, you warrant that Fetish Points are free from any such prohibition, taxation, or other restriction in your country, state/province, and/or municipality.

Rights Reserved. FetishMeUp.com.com reserves the right to modify or terminate the Fetish Points Program at any time without notice. However, in the event of modification or termination, any previously earned Fetish Points will remain redeemable under the terms in effect at the time they were earned, or under other terms providing comparable customer value which FetishMeUp.com may establish and publish here, for a period of at least thirty (30) days from the date of modification or termination. FetishMeUp.com will make reasonable efforts to notify each account holder of such modification or termination at the account holder's last known e-mail address, but FetishMeUp.com will not be liable in the event that such notification is not received or is not received in a timely manner.

International Users. FetishMeUp makes no claims that information on the Site or provided through the Services is appropriate or may be downloaded outside of the United States. Access to the Site may not be legal in certain countries or for certain persons. If you access the Site or use the Services from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content. Personal information that is submitted to this Site will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and our Privacy Policy.

If you are a non-U.S. user, you acknowledge and agree that FetishMeUp may collect and use your personal information and disclose it to other entities outside your resident jurisdiction. In addition, such personal information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for personal information that is available in other countries. By providing us with your personal information, you acknowledge that you consent to the transfer of such personal information outside your resident jurisdiction as detailed in our Privacy Policy. If you do not consent to such transfer, you may not use this Site or the Services.

Term and Termination. This agreement shall commence upon the date of Customer's purchase or registration and shall remain in effect for 30 days after the date of purchase or shall continue so long as the Customer's account is active.  FetishMeUp may terminate the agreement with or without cause upon notice to the Customer.

Assignment.  DFCF, LLC may assign this Agreement or its rights there under to any of its successors or assigns, at any time, without notice to you. You may not assign your rights under this Agreement to anyone else.

Headings, etc.   Paragraph headings contained herein are for convenience of reference only and are not intended to define, limit, or describe the scope of intent of any provision of this Agreement. 

Governing Law. This Agreement shall be construed in accordance with the laws of the State of Florida.

Entire Agreement. These Terms and Conditions of Use and any supplemental terms, policies, rules and guidelines posted on FetishMeUp.com constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

For any queries regarding these terms and conditions or our Fetish Points Program, please contact us and provide as much information as possible in your message.

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