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Terms & Conditions












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  TERMS & CONDITIONS  
POLICY DEFINITIONS [Back] [Back To Top]
SM Entertainments - The company who owns xxxFetish Media.

xxxFetish Media - Collectively, every webpage on every subdomain of the domain name 'xxxfetish-media.com'

Marketplace - Collectively, all shops through which Merchants sell content.

Main Site - Every webpage located at the URL: www.xxxfetish-media.com

Merchant CP - Every webpage located at the URL: www.xxxfetish-media.com/mcp

Visitor - A person navigating xxxFetish Media for whatever reason.

Customer - A visitor who has purchased a product from a shop.

Product - An item or collection of Content, of whatever type for sale in a shop.

Content - An image/videoclip, or collection/combination thereof located in a Shop.

Merchant - A person or company who has a shop located in the Marketplace.

Shop - A relative collection of webpages located in the Marketplace through which a Merchant can sell content to a Customer.

Purchase - The act of a Visitor making cleared payment for a Product in a shop.

Protected Area - A location on xxxFetish Media that requires the submission and verification of certain details to gain access to.
1. SITE ACCESS [Back] [Back To Top]
1a. This websites services are directed to adults who possess validated credit card information, any visitor acknowledges that in order to navigate the xxxFetish Media they must be at least 18 years of age, or whatever age in their state/province/region at which a person is permitted by governing law to view adult content, that doing so is otherwise in accordance with governing law in their state/province/region, that they do not find adult content unacceptable, offensive or vulgar in any way, that they are not here to act destructively or objectively in any conceivable manner and that they agree to abide by every applicable regulation in this Policy.

1b. Visitor acknowledges that they will in no way via whatever means, attempt to gain unauthorised access to protected areas of the xxxFetish Media. These areas include; but without limitation, the Merchant CP, Order Download section, and Account Management section.

1c. Any parent or guardian that becomes aware a minor has used our services or provided us with personally identifiable information should contact us immediately.
2. PROVISION OF SERVICE [Back] [Back To Top]
2a. SM Entertainments guarantee to provide to the visitor a means to purchase(wherein they become a customer) and download content made available for sale in shops located in the Marketplace as per the following. Customer acknowledges that any sales agreement between them and SM Entertainments begins immediately upon successful receipt of cleared payment, at which time SM Entertainments guarantees to provide to customer a means through which to download the content they've purchased, an indefinate number of times for a period not exceeding 72 hours from the time of receipt of cleared payment.

2b. If payment fails to clear, or is otherwise defaulted, then customer acknowledges that this sales agreement is void, that SM Entertainments has no obligation to provide the affore-mentioned means and that the means may be withdrawn at its sole discretion without notice.
3. REFUND POLICY [Back] [Back To Top]
3a. Customer acknowledges that neither SM Entertainments nor any merchants trading through the xxxFetish Media market place guarantee customer satisfaction, and that a perceived lack of quality in a product that doesn't meet customer's perceived expectations, is not a valid basis for refund. Should customer be sold a product that is faulty(i.e. corrupted and unplayable) or the physical attributes of the product are not as described such that the quantity of the product is lesser than as represented in its description, they should contact SM Entertainments via the provided contact form and give details of the product in question and the shop from which it was purchased.
4. LIMITATION OF LIABILITY [Back] [Back To Top]
4a. All Merchants registered to the Marketplace have been authorised by SM Entertainments on an individual basis, however... While we do conduct frequent reviews to ensure that Merchants are in compliance with the Acceptable Use Policy section of our Merchant Services Policy, we cannot practically ensure the compliance of any content appearing in the Marketplace at a particular given time. We disclaim to the fullest extent of the law any responsibility for any content appearing in the Marketplace and any content not in compliance with the affore-mentioned section of our Merchant Services Policy, will be removed from sale immediately upon its discovery.

4b. Customer acknowledges that SM Entertainments has no obligation to honour any agreement, state of agreement, warranty or guarantee; whether express or implied, made or offered directly between them and any Merchants registered in the Markatplace and agrees to hold SM Entertainments indemnified against any and all resultant loss or damage whether financial or otherwise, conesequential or inconequential, through the honouring or failure to honour such an agreement, state of agreement, warranty or guarantee.
5. DATA CONFIDENTIALITY [Back] [Back To Top]
5a. Any data provided to us as a means to make payment for products purchased, or as a means to facilitate the provision of a service, is protected under data protection law and treated in the strictest possible confidence. We will under no circumstances release your E-mail address or other personal information to affiliates or third parties without your prior express permission.
Read our full privacy policy by clicking here
6. PAYMENT SERVICE ABUSE [Back] [Back To Top]
6a. Chargebacks cost businesses money and jeapoardise their ability to process credit card transactions. Upon receipt of a chargeback, we will without notification or delay blacklist the offending credit card, permanently disabling its ability to be used throughout the Marketplace, we will also report the offending credit card to the relevant financial/legal authorities and credit card networks' fruad investigation departments, which may result in further disciplinary action being taken against your account or even prosecution.

6b. With regards to your bank not honouring a cheque payment where prepay account funding is concerned. Cheque cancellations cost businesses money and will not be tolerated. When the processing of a cheque is unsuccessful, we will undertake the following procedure with unyielding consistency.
- Immediately suspend your prepay account and place it under review.
- Debit your prepay account the total amount of the cheque plus any charges incurred by us.
- Upon successful processing of a further cheque issued from your bank, we will release your account for use and place it on probation for a period of 180 days.
- If another cheque issued to fund your prepay account is not honoured during the probation period, then your chequing account will be blacklisted, permanently disabling its ability to be used to fund prepay accounts throughout the Marketplace, your prepay account itself will be closed and any remaining funds forfeited.
7. ACCURACY OF INFORMATION [Back] [Back To Top]
7a. Any information published on the Main Site, was believed in good faith to be correct at the time of publication.

7b. Customer acknowledges that any information published in a Shop is published by or on behalf of the Merchant who owns the shop, that SM Entertainments has played no active participation in its publication and that any such information does not reflect the views or opinions of SM Entertainments. We disclaim to the fullest extent of the law, any guarantee as to the accuracy, legitimacy or fitness for a particular cause of any such information.

7c. Customer acknowledges that any information published on a webpage outside xxxFetish Media, including; but without limitation, any webpage linked to from within xxxFetish Media, is published by a third party not directly affiliated with SM Entertainments, and we disclaim to the fullest extent of the law, any guarantee as to the accuracy, legitimacy or fitness for a particular cause of any such information.
8. COPYRIGHT [Back] [Back To Top]
Ownership of copyright:
8a. The copyright in this website and the material/content on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) are owned by SM Entertainments.

Copyright license:
8b. SM Entertainments grants to you a worldwide non-exclusive royalty-free revocable license to:

- View this website on a computer or mobile device via a web browser and web browser cache memory.
- Download and store a local copy of any media purchased for your own personal viewing.

SM Entertainments does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.
For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without SM Entertainments prior written permission.

Data mining:
8c. The automated and/or systematic collection of data from this website is prohibited.

Enforcement of copyright:
8d.SM Entertainments takes the protection of its copyright very seriously.

If SM Entertainments discovers that you have used its copyright materials in contravention of the license above, SM Entertainments will your close your account with immediate effect and you will be banned from further purchasing from the website.
Furthermore, SM Entertainments may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.

8e. If you become aware of any use of SM Entertainments copyright materials that contravenes or may contravene the license above, please contact us by clicking here

Infringing material:
8f. If you become aware of any material on the website that you believe infringes your copyright, please file a Takedown Notice. Read our policy by clicking here before submitting a notice.
9. FALSE MAEJURE [Back] [Back To Top]
9a. Neither Customer nor SM Entertainments will be liable for any loss or damages, financial or otherwise, consequential or inconsequential arising out of failure to provide a service due to circumstances reasonably beyond their control, such circumstances may include; but without limitation, failure of a third party to provide a necessary service, severe weather or natural disaster, criminal or terrorist activity, war or riot, local or national emergency, industrial dispute, government action or acts of god.
10. TITLE 18, SECTION 2257 [Back] [Back To Top]
10a. All models, actors and actresses on this site featuring in any depictions of "actual sexually explicit conduct" or otherwise, were over the age of 18 at the time the depiction was produced.

10b. "Actual sexually explicit conduct" is defined in law thus: "sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; bestiality; masturbation; sadistic or masochistic abuse; or lascivious exhibition of the genitals or pubic area of any person;"

10c. The record keeping and labelling laws set forth in Title 18 U.S.C Section 2257 are enforceable in U.S. jurisdictions only and as such, non-U.S. xxxFetish Media merchants are exempt from the requirements in lieu of any requirements set forth by governing law in their local jurisdiction.
11. THIRD PARTY / GOVERNING LAW [Back] [Back To Top]
11a. All visitors and customers acknowledge that this policy has been written in accordance with SM Entertainments local governing law, and that any activity / participation and/or purchases they make at xxxFetish Media fall within the limits set forth by governing law in their respective local jurisdictions. We reserve the right, at our sole discretion to change, add, delete, amend without prior notice or obligation.
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