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Terms and Conditions
Last Modified: August 31, 2024
1. Acceptance of Terms
2Phoria (“www.2phoria.com”) is the owner or operator of this website. The following Terms of Use ("Terms") govern your use of the Website. Additionally, the Website may contain additional terms, codes of conduct or guidelines that govern use of the Website, including without limitation, particular features or offers (for example, free trials, sweepstakes, and chat areas). In the event that any of the Terms contained herein conflict with any additional terms contained within the Website, then these Terms shall control. Read these Terms and any additional terms on the Website carefully before you ("You") accept these Terms by using the Website. You agree to be bound by any affirmation, assent, or agreement you transmit through the Website. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded button, check box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature. The Terms are entered into by and between 2phoria and You. The products offered for sale or rent and other on-line resources accessible via the Website, are provided to You, subject to these Terms. Unless explicitly stated otherwise, the Terms will govern Your use of any new features that augment or enhance the Website. As required by law, you will not access or attempt to access any portion of the Website beyond our initial pop-up message, unless and until you have provided age and identity information for verification by our third-party service providers and passed our age verification process, as we deem necessary.
2. Modifications to these Terms of Use
2phoria reserves the right to update or modify these Terms and, any additional terms, codes of conduct or guidelines, without prior notice. If 2phoria changes anything in these Terms, 2phoria will change the “Last Updated” date at the top of these Terms. You agree to re-visit this page on a frequent basis, and to use the “Refresh” or “Clear Cache” function on your browser when doing so. You agree to note the date above. If the “Last Updated” date remains unchanged from the last time you reviewed these Terms, then you may presume that nothing in these Terms has changed since the last time you visited. If the “Last Updated” date has changed, then you must review the updated Terms in their entirety. You must agree to any updated Terms or immediately cease use of the Website. If you fail to review these Terms as required to determine if any changes have been made, you assume all responsibility for such omission, and you agree that such failure amounts to your affirmative waiver of your right to review the updated terms. 2phoria is not responsible for your neglect of your legal rights.
3. Modifications to the Website
2phoria, and any third-party providers of content to the Website, may make improvements and/or changes to the Website including the products, programs, services, and prices that are offered or described on the Website, at any time, without prior notice. In addition, 2phoria does not warrant that the products offered on the Website are available to be accessed by or shipped to all customers or that product descriptions or other content of the Website is accurate, complete, reliable, current or error-free.
4. Accounts
You may create a single account on the Website. If You fail to provide the required information, if 2phoria reasonably believes that You have provided false, misleading, inaccurate, incomplete, not current, or otherwise incorrect information to us, if You fail to promptly update such information to maintain its accuracy and completeness, or if 2phoria or any of our authorized agents have reasonable grounds to suspect that a violation of this provision has occurred, 2phoria may suspend or terminate Your account, as well as subject you to criminal and civil liability. Acceptance of registration is subject to our sole discretion. 2phoria may require You to provide additional information as necessary to verify the accuracy of your identity and the information You provide to us.
You will not use, attempt to access, or ask for the login credentials for any third party's account at any time. You will not allow any third party to access or use Your account at any time, nor provide any third party with Your login credentials. 2phoria will not be liable for any loss that You may incur as a result of any third party that uses Your password or otherwise accesses Your account, either with or without Your knowledge. You will be liable for losses incurred by us or any third party due to release of account credentials to unauthorized persons.
By creating an account, You acknowledge that the Website contains sexually oriented adult material intended for individuals 18 years of age or older and of legal age to view sexually explicit material as determined by the local and national laws of the region in which You reside. You agree not to enter the Website if You are not 18 years of age or older, if sexually oriented adult material offends You, or if You are accessing the Website from any community or country where adult material is specifically prohibited by law.
5. Intellectual Property Rights
2phoria and One Day Images Design Studio are registered trademarks of 2phoria. Other marks indicated on the Website are trademarks of 2phoria.
Unless otherwise indicated, all information, images, text, messages, illustrations, graphics, logos, designs, icons, photographs, programs, data, software, music, sound, video, or other materials that are part of the Website (collectively, the "Content") are protected by copyrights, trademarks, service marks, publicity rights, or other proprietary rights and laws owned, controlled or licensed by 2phoria or by third parties (the "Third Party Providers") who have provided materials to 2phoria, and these rights are valid and protected in all forms, media and technologies, existing now or hereinafter developed. All Content is copyrighted as a collective work under Canada copyright laws, and 2phoria owns a copyright in the selection, coordination, arrangement, and enhancement of such Content.
Except as set forth herein, none of the Content may be copied, reproduced, framed, modified, removed, sold, distributed, republished, downloaded, displayed, posted, transmitted, or otherwise exploited, in whole or in part, in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of 2phoria or the Third Party Provider. No part of the Website may be reproduced or retransmitted in any way, or by any means, without the express written permission of 2phoria. You also may not, without 2phoria's prior express written permission, "mirror" any of the Content contained on the Website on any other server.
2phoria is committed to respecting others' intellectual property rights, and we ask our users to do the same. 2phoria may, in its sole discretion, terminate the accounts or access rights of users who infringe or otherwise violate others' intellectual property rights or any provision of these Terms. If You believe that Your work has been copied in a way that constitutes copyright infringement on the Website, please contact us at 2phoria@protonmail.com.
Nothing on the Website shall be construed as conferring any license under any of 2phoria's or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
You understand that all 2phoria is offering You is access to the Website as 2phoria provides it from time to time. You need to provide Your own access to the Internet, hardware, and software, and You are solely responsible for any fees that You incur to access the Website. 2phoria grants You a limited, nonexclusive, revocable, and nontransferable personal license to access Content provided on free areas of the Website for private, non-commercial purposes on a single computer or mobile device. This free license does not include a license to access or use paid areas of the Website or the Content therein. As limited by Your specific purchases on the Website, 2phoria also grants You a limited, nonexclusive, revocable, and nontransferable personal license to access the Website and the Content therein, and in limited instances to download the Content from the Website, provided You do not modify the materials and that You retain all copyright notices, trademark legends, and other proprietary rights notices contained in the materials. This paid license is for private, non-commercial purposes on a single computer or mobile device. 2phoria reserves the right to limit the amount of Content viewed or Services available to You. Your license to access the Website and the Content is not a transfer of title. You will not copy or redistribute any Material, and you will prevent others from unauthorized access, use of, or copying of the Content. This license terminates automatically if You breach any of these Terms. Upon termination, You must immediately destroy any downloaded and printed materials.
The Content on the Website may be used only as a shopping or rental resource. The Content may not be redistributed to any , to any person who may find the Content personally offensive, or to any person who resides in any community or country where adult material is specifically prohibited by law. Any unauthorized use of any Content contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
2phoria has not independently authenticated content provided by Third Party Providers in whole or in part. 2phoria does not provide, sell, license, rent or lease any of the Content other than that specifically identified as being provided by 2phoria.
6. Your Conduct
You agree to use the Website only for lawful purposes, as provided by us. You will not:
- post on or transmit through the Website any Content that violates or infringes anyone's intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or, to the extent protectable, confidential ideas) or that is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise deemed by 2phoria to be harmful or objectionable, or that intentionally or unintentionally violates any applicable local, state, national or international law, or any regulations having the of law.
- fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.
- link to the Website on any third-party website in any way that is illegal, unfair, or damages or takes advantage of our reputation, including any link which establishes or suggests a form of association, approval, or endorsement by us where none exists.
- circumvent, disable, damage, or otherwise interfere with the operations of the Website, any users enjoyment of the Website, or our security-related features or features that prevent, limit, or restrict the use or copying of the Website that enforce limitations on the use of the Website or the Content, by any means, including posting, linking to, uploading, or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment.
- reverse engineer, decompile, disassemble, or otherwise discover the source code of the Website or any part of it, except and only if that activity is expressly permitted by applicable law despite this limitation.
- access or use any automated process (such as a robot, spider, scraper, or similar) to access the Website in violation of our robot exclusion headers or to scrap all or a substantial part of the Content (other than in connection with bona fide search engine indexing or as 2phoria may otherwise expressly permit).
- modify, adapt, translate, or create derivative works based on the Content, except and only if applicable law expressly permits that activity despite this limitation.
commercially exploit or make available the Content therein to third parties including any action or “frame” or “mirror” the Website.
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.
- attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.
Violating these conduct requirements will be considered a breach of these Terms and may result in immediate suspension or termination of Your account without notice, in our sole discretion. 2phoria may pursue any legal remedies or other appropriate actions against You if You engage in any of the above conduct requirements or otherwise use the Website in an unauthorized manner, including civil, criminal, or injunctive relief, and cancellation of Your account.
7. Purchases
If You provide valid and current payment information, You may purchase access to additional features on the Website, including access or subscriptions to certain Content. 2phoria bills for Subscriptions on an automatic recurring basis. If You fail to renew Your subscription and continue to access certain features on the Website, 2phoria may charge You for those features on an a-la-carte basis at our prevailing rates. The price of such purchases and subscriptions is displayed on the Website, and You may only make such purchases and subscriptions at the currently displayed price. 2phoria reserves the right to charge additional fees for access to the Website or any other feature or service of the Website, including the right to change the price and upgraded features associated with such subscriptions, and to change our fee structure at our discretion at any time, without notice to You, by changing the information prominently displayed on the Website. All previous offers or discounts are unavailable once removed from the Website.
You agree to pay any and all fees or account charges related to any fees, taxes, charges, purchases, subscriptions, or upgrades associated with Your account, immediately when due in accordance with our stated billing policy, or that of our third-party billing agent. You acknowledge that the charge on Your banking statement for our Services may display our company name, one of our brand names, or our third-party billing agent's name. You understand and agree that You are responsible for any and all fees or penalties that are associated with Your account. Your account will be deemed past due if it is not paid in full by the payment due date. Your card issuer agreement may contain additional terms with respect to Your rights and liabilities as a card holder. You agree to pay any and all amounts due immediately upon cancellation or termination of Your account.
2phoria utilizes various third-party payment processors and gateways, and 2phoria reserves the right to contract with additional third-party payment processors and gateways in our sole discretion to process any and all payments associated with the Website. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. 2phoria further disclaims any liability associated with Your violation of such terms. 2phoria reserves the right to make changes at any time to our fees and billing methods, including the addition of administrative or supplemental charges for any feature, with or without prior notice to You.
You must promptly inform our third-party billing agent of all changes, including changes in Your address and changes in Your credit card used in connection with billing or payment through the Website, if applicable. You are responsible for any credit card charge backs, dishonored checks, and any related fees that the Website incurs with respect to Your account, along with any additional fees or penalties imposed by our third-party billing agent.
If You make a purchase on the Website that results in a chargeback, 2phoria may terminate Your account. You agree to contact us to seek a resolution of any issue before initiating a chargeback.
8. Billing Errors
If You believe that you have been erroneously billed for activity associated with Your account, please notify our third-party billing agent immediately of such error. If You do not do so within thirty (30) days after such billing error first appears on any account statement, the fee in question will be deemed acceptable by You for all purposes, including resolution of inquiries made by or on behalf of Your banking institution. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported within thirty (30) days of the bill being rendered to You. These terms shall supplement and be in addition to any terms required by third party billing entities 2phoria engages to provide billing services. You are responsible for review and compliance with such entity's terms in addition to those contained in these Terms.
9. Refunds
You understand and agree that it is our standard policy that all purchases are final and nonrefundable. 2phoria reserves the right to address all refund requests in our sole discretion. In no instance will a refund be provided where the user initiates a chargeback.
10. Comments, Communications and Other Content
All comments, communications, ideas, and other content disclosed, submitted or offered to 2phoria on or by the Website or otherwise disclosed, submitted or offered in connection with Your use of the Website (collectively, the "Comments") shall be and remain 2phoria's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to 2phoria of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, 2phoria will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. 2phoria is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay users any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by You to the Website will violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by You to the Website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
11. Links
The Website may provide, or third parties may provide, links to other Internet sites or resources. Because 2phoria has no control over such sites and resources, You acknowledge and agree that 2phoria is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. 2phoria will 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 content, goods or services available on or through any such site or resource.
The Website may be linked to other websites that are not under the control of and are not maintained by 2phoria. 2phoria is not responsible for the content of those sites. 2phoria is providing these links to You only as a convenience, and the inclusion of any link to such sites does not imply endorsement by 2phoria of those sites.
12. Indemnification
You agree to indemnify and hold 2phoria, and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your use of the Website.
13. Disclaimer of Warranties
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED BY 2PHORIA ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNLESS OTHERWISE EXPLICITLY STATED, THE CONTENT ON THE WEBSITE IS PROVIDED "AS IS", "WITH ALL FAULTS," AND IS FOR COMMERCIAL USE ONLY. 2PHORIA DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. 2PHORIA MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON THE WEBSITE. 2PHORIA MAY MAKE AVAILABLE ON THE WEB SITE CONTENT AVAILABLE FOR DOWNLOADING THAT HAS BEEN SUBMITTED BY THIRD-PARTY USERS OF THE WEB SITE. ANY QUESTIONS REGARDING THE CONTENT SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH CONTENT. IN NO EVENT WILL 2PHORIA OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OR INFORMATION FROM THE WEBSITE.
2PHORIA MAKES NO WARRANTY OR CONDITION THAT: (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE WEBSITE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 2PHORIA OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE TERMS. 2PHORIA EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE TERMS.
14. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, 2PHORIA IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF 2PHORIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO: (i) THE USE OF OR THE INABILITY TO USE THE WEBSITES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING CONTENT YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE FROM THE WEBSITE.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST 2PHORIA FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE CONTENT.
YOU AGREE TO HOLD 2PHORIA HARMLESS FROM, AND YOU COVENANT NOT TO SUE 2PHORIA FOR, ANY CLAIMS BASED ON USING THE WEBSITE, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
15. Privacy Policy
2phoria respects Your desire for privacy. 2phoria's Privacy Policy can be found here. By using the Website, You are consenting to the processing of Your data by 2phoria and consenting to the terms of our Privacy Policy. If we decide to make any significant change to that policy, we will post the revised policy prominently on the Website or otherwise bring it to Your attention, so that You are always aware of what we do with Your information.
16. Site Security
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. 2phoria will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available from 2phoria on the Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
17. Termination of Use
You may terminate these Terms and delete Your account by clicking “Delete Account” in your account settings. You will not assign, transfer, sell, or share your membership to the Website. If You do, both You and any unauthorized user are jointly and severally liable for any fees that will be due.
2phoria, in its sole discretion, may terminate Your password, Your account, Your use of any of the on-line resources available on the Website, and remove and discard any Content on the Website, for any reason, including, without limitation, for lack of use or if 2phoria believes that You have violated or acted inconsistently with the letter or spirit of the Terms. Any termination of Your access to the Website under any provision of the Terms may be effected without prior notice, and 2phoria may immediately de-activate or delete Your account and all related information and files in Your account and/or bar any further access to such files or to the Website. Further, 2phoria will not be liable to You or any third-party for any termination or suspension of Your account or Your access to the Website.
18. General Information
The Terms constitute the entire agreement between You and 2phoria and govern Your use of the Website, superseding any prior agreements between You and 2phoria (including, but not limited to, any prior versions of the Terms). You also may be subject to additional terms and conditions that may apply when You use other 2phoria services, third-party content or third-party software. You must not assign or otherwise transfer either the Terms or any right granted hereunder.
Any breach of the Terms will result in irreparable harm to 2phoria for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, 2phoria will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if 2phoria seeks such an injunction.
2phoria controls and operates the Website from its headquarters in Canada and makes no representation that this Content is appropriate or available for use in other locations. If You use the Website from other locations, You are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
You hereby waive any right or ability to initiate any class action or collective proceeding along with any right to trial by jury. You acknowledge that remedies at law may be inadequate to provide us with full compensation in the event You breach these Terms, and that 2phoria shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
If 2phoria is required to enlist the assistance of an attorney, investigator, collections agent, or other person to collect any damages or any other amount of money from You, or if 2phoria is required to seek the assistance of an attorney to pursue injunctive relief against You, then you additionally agree that You will reimburse us for all fees incurred in order to collect these damages or in order to seek injunctive relief from You. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the damages themselves. You agree that you will pay these fees and costs.
The failure of 2phoria to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full and effect. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. The section titles in the Terms are for convenience only and have no legal or contractual effect.
These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting, or additional, communications.
2phoria is not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics; pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or Content; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.
Any notice required to be given by us under these Terms may be provided by email to a functioning email address of the party to be noticed, by a general posting on the Website, or by personal delivery via commercial carrier. Notices by customers to us shall be given by contacting us at 2phoria@protonmail.com unless otherwise specified in these Terms. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of these Terms. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier shall be deemed delivered on the business day following mailing. Notices delivered by any other method shall be deemed given upon receipt. Either party may, by giving the other party appropriate written notice, change the designated address, email address, or recipient for any notice hereunder. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, email server, or overnight delivery service.
2phoria make no representation that the Website, the Services, or any of the Content are appropriate or available for use in all locations. You may not access the Website, the Services, or the Content from territories where their contents may be illegal or is otherwise prohibited. Those who choose to access the Website and use the Services from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in these Terms shall be interpreted as an admission that that the Website is subject to the laws of any nation besides Canada.
You are subject to the laws of the state, province, city, country, or other legal entity in which You reside or from which You access the Website. THE WEBSITE IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You open an account or use the Website while located in a prohibited jurisdiction, You will be in violation of the law of such jurisdiction and these Terms, and subject to having Your account suspended or terminated without any notice to You. You hereby agree that the Website cannot be held liable if laws applicable to You restrict or prohibit Your participation. The Website makes no representations or warranties, implicit or explicit, as to Your legal right to participate in any Service offered on the Website, nor shall any person affiliated, or claiming affiliation, with the Website have authority to make any such representations or warranties. 2phoria reserves the right to restrict access to the Website in any jurisdiction.
19. Complaint Process
We have a complaint process regarding the Content on our Website. This process allows You or anyone else to report to us any Content that may be illegal or that otherwise violates the Standards. We will review and resolve all reported complaints within seven (7) business days. If such review yields evidence of illegal Content or Content violating the Standards, we will remove the Content immediately. If You believe You or anyone else is depicted in any illegal Content or Content that violates the standards, please notify us and specifically identify the Content in violation and the reason to initiate the review process.
Contact Us if you have any comments about our Terms of Use.
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