BY VISITING, BROWSING, SHOPPING, PURCHASING FROM, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE “SITE”) OPERATED BY Release13, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:

Important Information About This Legal Contract

This Usage Agreement, and all of its terms and conditions, constitutes a legal contract between you and Release13, Inc.  References to “you” or “your” shall relate to a customer of Release13 or other party that visits, browses, shops, purchases from, accesses or otherwise uses the Site (“Customer”); references to “Release13” shall relate to Release13, Inc. and its affiliates. By visiting, browsing, shopping, purchasing from, accessing or otherwise using this site (“Site”), you acknowledge that you have read, understood, and agree to be bound by this Usage Agreement and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. The terms and conditions of the Usage Agreement are subject to change at any time, without prior notice and in Release13’s sole and absolute discretion.  By visiting, browsing, shopping, purchasing from, accessing or otherwise using the Site after any changes have been made, you thereby irrevocably acknowledge and accept any such changes in full.

If you do not agree to this Usage Agreement, do not use this Site.

The material provided on this Site is protected by law, including, but not limited to, United States copyright law, trademark law, and international treaties. This Site is controlled and operated by Release13 from its offices within the United States. Release13 makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorized. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Governing Law

Any claim relating to the use of this Site and the materials contained herein is governed by the laws of the state of FL without regard to conflict of law rules. You consent to jurisdiction of the federal and state courts located in Broward County, FL to hear any such claims. If your jurisdiction does not give full force and effect to this irrevocable forum selection provision, then you may not use this website.

Access, Interference and Linking

Release13 grants you a limited license to access and make personal use of the Site in regard to rating and reviewing products. You are not to download (other than page caching) or modify the Site, or any portion of it, except as provided below under “Use Restrictions,” or with express written consent of Release13. Additionally, Release13 has the right to edit or remove, in full or in part, any content that you introduce to the Site.

The following activity on the Site is expressly prohibited: Any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy portions of the Site or the content contained herein without prior written permission by Release13; collection or use of any product listings, descriptions, or prices from the Site for the benefit of another merchant that supplies products competitive with or comparable to those offered on the Site; and, any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Site, or otherwise interferes with its proper and timely functioning.

Any unauthorized use terminates the license granted by Release13.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Release13, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Release13 logo or other proprietary graphic or trademark as part of the link without express written permission.

Use Restrictions
The copyright in all material provided on this Site is held by Release13, the original creator of the material, or their respective licensees or assigns. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Release13 or the copyright owner. Permission is granted to display and download the materials on this Site for personal, non-commercial use only; provided you do not modify the materials and that you maintain all copyright and other proprietary conditions. Upon termination, you must immediately destroy any downloaded or copied materials. In addition, you may not, without Release13’s prior written permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

All Release13 graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Release13 in the United States and/or other countries.  Release 13’s trademarks and trade dress may not be used in connection with any product or service that is not Release13’s, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Release13.  All other trademarks not owned by Release13 that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Release13. 

Anti- Spamming

You may not use the Site to transmit unsolicited email or other electronic communications. You may not transmit unsolicited email to this site or to anyone whose email address includes the domain name used on this site. You may not use the domain name of the Site as a pseudonymous return email address for any communications that you transmit from another location or through another service. You may not pretend to be someone else – or spoof their identity – when using this site or any resources provided here.

DMCA Copyright Policy and Copyright Agent

Release13 respects the intellectual property rights of others and expects its users to do the same. Release13 may remove content that, in its sole and absolute discretion, appears to infringe the intellectual property rights of others. In addition, Release13, in its sole and absolute discretion, may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that a user of the Site has infringed your intellectual property rights, please notify Release13’s Copyright Agent and provide the following information:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right.
2. An identification of the intellectual property claimed to have been infringed.
3. A detailed description of the material that you claim is infringing, so that we may locate it, including the URL where the infringing material appears.
4. Your address, telephone number, and email address.
5. A statement by you that you have a good faith belief that the allegedly infringing use is not authorized by intellectual property rights owners, its agent, or the law.
6. A statement, made under penalty of perjury, by you that the above information is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights involved.

Release13’s Copyright Agent can be reached at copyright@release13.com

Orders; Payment Terms; Interest; Taxes

Orders are not binding upon Release13 until accepted by Release13. Terms of payment are within Release13’s sole and absolute discretion.  Once an order has been submitted, your credit/debit card will be charged immediately.  Please carefully review the content and terms of your order prior to submission because orders cannot be canceled once submitted.  You are responsible for sales tax and all other taxes associated with the order.

Return Policy

To ensure the safety and health of our customers, we do not accept returns or exchanges (other than as specifically provided below) on items sold through this Site.  Once these items are delivered to the carrier for delivery they are considered used and non-resalable.  All sales are final.

All products are warranted against defect according to the respective manufacturer's policy. All returns for defects,where permitted by the manufacturer, must be made directly to the manufacturer. Contact Release13 at info@release13.com for information regarding manufacturer return policies.

Freight Policy

Shipping and handling charges on all orders may vary.  For the Customer’s protection, Release13 may, in its sole and absolute discretion, refuse to ship orders to an address that differs from the verified billing address of the Customer’s credit card or require additional means of verification prior to accepting any such order. In some circumstances, international shipping may be available.

Export Sales

If goods are being purchased through this Site for the purpose of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country. In addition, manufacturers’ warranties for exported goods may vary or even be null and void for goods exported outside the United States. The Customer should inquire further regarding any questions prior to making any such purchase.

Risk of Loss

All items purchased from Release13 are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to the customer upon Release13’s delivery to the carrier.

Arbitration Agreement

By accessing the Site and using the information therein available and/or by purchasing any products or services made available through this Site, you agree with Release13, its service providers, agents, employees, successors, assigns, affiliates, parents, subsidiaries and any content provider or offerer of goods or services on this Site or through any other associated activity, that ANY CLAIM OR DISPUTE UNDER THE USAGE AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under the Code of Procedure of ARBITRATION-FORUM.COM (the “Code”) in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision included in this Usage Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in Fort Lauderdale, FL. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.

Disclaimers, Exclusions, and Limitations

1. Disclaimer of Warranties – Release13 provides the Site and services on an “as is” and “as available” basis. Release13 does not represent or warrant that the Site or services 1) will be uninterrupted, 2) will be free of defects, inaccuracies or error, 3) will meet your requirements, or 4) will operate in the configuration or with other hardware or software you use. Release13 makes no warranties other than those made expressly within this Usage Agreement, and hereby disclaims any and all implied warranties, including, without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement.
2. Third Party Services – The third-party links, services, goods, resources, and information that Release13 provides or makes available through the Site, including, without limitation, those available through third party advertisements, are not controlled by Release13. Accordingly, Release13 makes no warranties regarding such third-party services, resources, and information, including without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement and will not be liable for your use of or reliance on such third-party services, resources or information.
3. Exclusion of Damages – Release13 will not be liable to you or any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill) arising out of, relating to or connected with the use of the Site or services, based on any cause of action, even if advised of the possibility of such damages.
4. Limitation of Liability –Release13 will not be liable for products or services not being available for use or for lost or corrupted data or software. You agree that for any liability related to the purchase of products or services, Release13 is not liable or responsible for any amount of damages above the aggregate dollar amount paid by the customer for the purchase(s) under this Usage Agreement.
5. Right for Termination
1. Release13 will have the right in its sole discretion, at any time, for any reason or no reason at all, and without notice or liability to you or any third party, to terminate your account or your access to the Site or services, including the right to cancel any orders, with or without cause. Such reasons may include, without limitation: (i) your breach of any part of this Usage Agreement; (ii) your violation of the rights of any third party; (iii) the invalidity of your credit card; (iv) your exceeding your credit card limit; (v) “chargeback” of a fee or other payment; or (vi) your membership account becoming inactive for an extended period of time.
2. If you are a Member, you may terminate your account for any reason at any time by terminating it through the “Your Account” feature on the Site or providing notice to Release13 of your intention to do so, subject to this Usage Agreement.
3. If your account is terminated or Release13 has decided to deny you access to the Site, you will not be permitted to access or use the Site or services.  If your account or your access to the Site or services is terminated, Release13 reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Site or services, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider (ISP).
6. Product Description Disclaimer - Release13 has made every effort to display the colors of its products accurately as they appear at the site. However, because the colors you see will depend on your monitor, Release13 cannot guarantee that your monitor's display of any color will be accurate. Release13 does not warrant that the product descriptions, with regard to color or otherwise, are accurate, complete, reliable, current or error-free.
7. Product Use Disclaimer – All products sold through this Site are intended for use by consenting adults as novelties and fashion accessories only.  Release13 assumes no responsibility for unsafe, improper, illegal or otherwise harmful use of the products. 
8. Pricing and Information Disclaimer – All pricing is subject to change. For all prices, products and offers, Release13 reserves the right, in its sole and absolute discretion, to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. While Release13 uses reasonable efforts to include accurate and up-to-date information on the Site, Release13 makes no warranties or representations as to the Site’s accuracy. Release13 assumes no liability or responsibility for any errors or omissions in the content on the site.
9. Waiver of Class Action Rights – By entering into this Usage Agreement, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with this Usage Agreement must be asserted individually.
10. Limitations of Actions – You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Site must be filed within one calendar year after such claim or cause of action arises, or forever be barred.

Password and Account Security

Customers that have an account on the Site are responsible for (i) keeping your account password confidential and secured, (ii) avoiding unauthorized access to your computer, and (iii) keeping the e-mail address associated with that account current.

You accept full responsibility for all activities that occur within your Release13 account.
Force Majeure
Release13 will not be liable for failing to perform under this Usage Agreement by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an Internet outage or disruption of service, a communications outage, failure by a service provider to Release13 to perform, fire, terrorism, natural disaster or war.

Severability

If any provision or provisions of this Usage Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The language of this agreement shall in all cases be construed simply according to its fair and plain meaning, and not strictly for or against either party.

Integration

This Usage Agreement contains the entire understanding of you and Release13 regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between us regarding its subject matter.

MUST BE 18 TO ENTER

The following web pages and associated links contain adult material of an extreme nature, including but not limited to explicit nudity and depictions of a sexual nature, fetish and BDSM. All materials beyond this page at www.Release13.com and linked locations are intended and authorized for access by CONSENTING ADULTS ONLY. Accordingly, no minors are authorized, allowed or permitted to enter beyond this point. Minors are persons under the age of 18, or 21 years in places in which 18 years is not the legal age of majority. If you are under the age of 18, or 21 where applicable, or if it is illegal to view adult material in your community, do not access the Site.

Before accessing the Site, you must also agree that explicit sexual content and depictions of bondage and S/M are not obscene or offensive in any way. You must subscribe to principles of the First Amendment which hold that adult Americans have the right to decide for themselves what they will read and view without government interference.

In addition, you affirm that you are familiar with your local community standards and that the sexually explicit materials, which you choose to view from www.Release13.com, are well within the contemporary community standards of acceptance and tolerance of your community for sexually-explicit materials of that nature.

Release13 fully understands the need to protect your personal information while online and has developed this policy as a means to provide you with the utmost privacy possible. This Privacy Policy describes Release13’s practices regarding the collection and use of information throughout the website located at www.Release13.com (the "Site"). By using the Site or obtaining any product or service through this Site, you agree to and accept the limited collection and use of information as outlined in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use this Site.

Release13 may, in its sole and absolute discretion, from time to time and without prior notice update this Privacy Policy to reflect changing technology and other factors. By visiting, browsing, shopping, purchasing from, accessing or otherwise using the Site after any changes have been posted, you thereby irrevocably acknowledge and accept any such changes in full.

Information Gathered and Tracked

Release13 collects two basic types of information during your visits to the Site.

Non-Personally Identifiable Information

First, Release13 collects non-personally identifiable information. This is general information that cannot be traced to individuals and contains no personalized data. When visitors come to the Site, Release13 collects and aggregates information indicating, among other things, which pages of the Site were visited, the order in which they were visited and which links on the site were clicked on by visitors. Collecting such information involves logging the IP addresses, operating system and browser software used by each visitor to the Site. Although such information is not personally identifiable, it may be possible to determine from an IP address a visitor’s Internet Service Provider and the general geographic location of the visitor’s point of connectivity.

Release13 uses this information to help diagnose problems with its servers and to administer the Site and improve Site-related services and features. Your IP address and other non-personally identifiable information also may be used to gather broad demographic information and to recognize customer traffic patterns and Site usage trends. This information aids Release13 in merchandising and in developing the design and layout of the Site.

Release13 also might share aggregated statistical data and other non-personally identifiable information with its current and potential business partners, and with its service providers to help them provide similar services.

Release13 uses non-invasive "cookies" and other tracking technologies to collect non-personally identifiable information. This information assists Release13 in providing you with a smoother shopping experience. Cookies are alphanumeric identifiers that Release13 transfers to your computer's hard drive through your Web browser. These cookies do not track other websites you might visit and they do not plant malware on your computer. The non-invasive cookies simply make it possible for Release13 to recognize your browser once you visit the Site. This enables Release13 to personalize your return visits and save you time during checkout. Your browser must be set to accept cookies in order for you to enjoy the benefits of being a registered user of the Site. If you are uncomfortable with the cookies on your computer, you can always remove them by accessing the options menu of your browser. Users who do not wish to have web cookies placed on their computers should set their browsers before accessing the website, with the understanding that certain features of the website may not function properly without the aid of web cookies. Website users who refuse web cookies assume all responsibility for any resulting loss of functionality.

Personally Identifiable Information

Release13 also collects personally identifiable information as needed to provide you with requested services and to process orders. In general, the Site uses an order form, a registration form and a catalog request form so that you can request information, products and services from the Site. These forms require that you provide Release13 with personally identifiable information, such as your name, email address, physical address, telephone number, and credit card number, to receive the requested service.

Financial information (credit card numbers, credit card expiration dates, billing address, and so forth) is used solely to bill you for products and services and Release13 strives to keep your information secure from theft or fraud.

In addition, your email address may be used to contact you regarding new features, products and services, and special offers. You may choose not to receive special offers and discounts by not registering for any special deals and offers when you sign up. If you signed up for special offers and now wish to unsubscribe, you may do so at any time by replying to the unsubscribe link contained in those mailings.

Further, Release13 may use personally identifiable information to conduct in-depth marketing research regarding customers and potential customers. Moreover, in the event of the sale of Release13, an asset transfer, or in the event of bankruptcy, your personally identifiable information may be transferred to a third party.

Service Providers

Release13 works with third parties who provide services, including but not limited to website hosting, order processing and fulfillment, credit card clearance, e-commerce affiliation, data analysis, emailing and other services of an administrative nature. Personally identifiable information, including financial information, is shared with such third parties for the purpose of providing such services and is limited to the intended purpose only.

Disclosure of Your Information

Subject to applicable law, Release13 reserves the right to release information concerning any Site visitor where such visitor is believed to be in violation of his or her obligations to the Site, is partaking (or is suspected of partaking) in any illegal activity, in response to civil subpoenas and discovery requests, to protect the interests of Release13, its customers or others, and as otherwise permitted or required by law as regards to these special cases.

Emails from Release13 may contain links to other Internet websites, including sites that may or may not be owned or operated by Release13. Unless otherwise explicitly stated, Release13 is not responsible for the privacy practices or the content of such websites, including such sites’ use of any information (such as IP number, browser type or operating system) collected when email recipients or Site visitors click through links to those sites. If you visit such websites, you are encouraged to become familiar with the privacy practices of the sites to ensure a safe browsing experience

Email to Friends Feature and Referral Program

Release13 offers users the ability to send friends emails about the Site. If users choose to use this feature, be assured that Release13 only uses friends’ email addresses on a one-time basis to send the requested email.

Security Measures
Release13 uses Secure Socket Layer (SSL) to encrypt payment information and User data against unauthorized access. However, Release13 cannot be responsible for how third parties, whose links appear on the Site, use your information. You should know that no data transmission is one hundred percent guaranteed against eavesdropping.

Release13 has implemented additional precautions to ensure the privacy of your personal information. There is a strict firewall in place that does not allow any outside access. Access in the company is limited to only individuals who need to be able to see customer data in order to perform their job functions. In addition, important personal data is backed up on the network to help insure its integrity.