Terms and Policies

TERMS OF USE

TERMS OF SERVICE

GENERAL TERMS AND CONDITIONS FOR USING THE SERVICES AVAILABLE THROUGH SEXY SHAPED WEBSITE AND MOBILE APP, AVAILABLE ON THE APPLE APP STORE AND GOOGLE PLAY

Last Updated on 15 June 2017

  1. ACCEPTANCE OF THE TERMS

Thank you for using SEXY SHAPED. These General Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the SEXY SHAPED website at https://sexyshaped.com (the “Website”) and the related SEXY SHAPED mobile and software applications, available through the iOS App Store and Google Play (the “Mobile App”), together referred to as SEXY SHAPED including but not limited to delivery of information via the Website or Mobile App.

Please read these Terms carefully.

By accessing or using the Website or Mobile App, you are agreeing to these Terms and concluding a legally binding contract with Nikulina A., IE a company incorporated and existing under the laws of Russia. Do not access or use the Website and/or Mobile App if you are unwilling or unable to be bound by the Terms.

You can accept the Terms by:

  • Clicking to accept or agree to the Terms, where it is made available to you in the user interface of the Website or Mobile App; or

  • Actually using the Services. In this case, you understand and agree that SEXY SHAPED will treat your use of the Services as an acceptance of the Terms.

  1. DEFINITIONS

Nikulina A. is a commercial company, providing the Services offered through the Website and Mobile App.

We

“We” or “us” refers to Nikulina A. IE

SEXY SHAPED is a web- and mobile based Internet platform, owned by Nikulina A, IE a company incorporated and existing under the laws of Russia, registered under registered number No: 773467375409, having its seat and registered office at Marshala Tuhachevskogo, 17, Moscow, Russia, which enables users to use the Services of the Website and the Mobile App, which are the subject of these Terms of Service.

User

“User” or “you” or “your” refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, uploading information or viewing pictures and includes other persons jointly participating in using the Services, including without limitation a user having access to the User Account features of the Website and Mobile App.

Services

“Services” include any and all services, which SEXY SHAPED may offer to the User, through the Website and the Mobile App, including access to the member’s part of the Website, access to the platform, the creation of a personalized training, nutrition and supplementation programs and other related services.

User Account

“User Account” is a separate part of the Website and Mobile App, containing User information required by SEXY SHAPED during registration. The User Account is accessed by the User through entering an email or a phone number and a password.

Content

“Content” will include (but is not limited to) images, photos, audio, video, location data, ‘nearby places’, and all other forms of information or data.

Your Content

“Your Content” or “User Content” is the content, submitted by you, as a User of the Website and Mobile App. It includes, but is not limited to what you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, User Account information, and any other materials that you publicly display or are displayed in your User Account profile.

SEXY SHAPED Content

” SEXY SHAPED ” means content that SEXY SHAPED creates and makes available in connection with the Services, including, but not limited to: visual interfaces, interactive features, graphics, design, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with the activities associated with your User Account and all other elements and components of the Services excluding Your Content and third party content. “Third Party Content” means content that comes from parties other than SEXY SHAPED or its Users and is available in or through the Services.

  1. USING THE SERVICES

Eligibility

You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree with the terms and conditions, obligations, affirmations, representations, and warranties set forth in those Terms.

Compliance with the laws

You are responsible for complying with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and the applicable law and in a manner that does not violate our legal rights or those of any third parties.

Website and Mobile App Availability

The Website and Mobile App may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

User Accounts

You must create a User Account and provide certain information about yourself in order to use (some of) the Services that are offered through the Website and Mobile App. You are responsible for maintaining the confidentiality of your User Account password. You are also responsible for all activities that occur in connection with your User Account. You agree to notify us immediately of any unauthorized use of your User Account. We reserve the right to close your User Account at any time for any or no reason.

Your User Account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Website and Mobile App. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbour), create or use a User Account for anyone other than yourself, or create multiple accounts. If you are using a pseudonym, please note that some people may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with SEXY SHAPED. Please read our Privacy Policy for more information.

Communications from SEXY SHAPED

By accepting these Terms, you grant us permission to contact you via telephone, email, text messages, push notifications and other means of communication, regarding our Services, promotional offers and any other information which we deem to be appropriate. Any personal information you submit to us in the course of such communication will be handled in accordance with our Privacy Policy.

  1. CHANGES TO THE TERMS

SEXY SHAPED may amend, change or update these Terms of Service, from time to time, entirely at its own discretion. You shall be responsible for checking these Terms, from time to time, and ensuring continued compliance with these Terms. Your use of the Services after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed Terms and an assent to be bound by such changed/amended Terms.

  1. TRANSLATION OF THE TERMS

SEXY SHAPED may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with SEXY SHAPED. In case there are any inconsistencies between the English version of the Terms and its translated versions, the English version of the Terms shall prevail.

  1. CONTENT

Responsibility for Your Content

You are responsible for the content you publish. You assume all risks associated with the content you publish, including anyone’s reliance on its quality, accuracy, or reliability, disclosure or truthfulness of information. You represent that you are competent to publish content. You may not imply that the content published is in any way motivated, sponsored or endorsed by SEXY SHAPED.

You may expose yourself to liability if, for example, the content you publish contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including hate speech or pornography; harms minors; or violates or advocates the violation of any law or other legal regulation.

If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual experience that you had using the Website and its Services; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to post a review that was not a fair expression of your honest opinion.

USER REVIEWS DO NOT REFLECT THE OPINION OF SEXY SHAPED.

Right to use Your Content.

By submitting Your Content, you hereby irrevocably grant us a perpetual, irrevocable, non-exclusive, royalty-free right to use the published content on the territory of the European Union. This includes the right to sub-license and transfer.

By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works.

You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, any claims and assertions of moral rights with respect to Your Content brought against us, any third party services and our and their users.

Ownership of Content

As between you and SEXY SHAPED, you own Your Content. We own the SEXY SHAPED Content, including, among others, visual interfaces, interactive features, graphics, design, compilations, including (but not limited to) our database of user content and other Website and Mobile App Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Website and Mobile App, excluding User Content and Third Party Content. We also own the copyrights, trademarks, trade names, and other intellectual and proprietary rights (“IP Rights”), associated with the SEXY SHAPED Content, the Website and Mobile App. This means that you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the SEXY SHAPED Content, in whole or in part, except as expressly authorized by us.

Content Removal

We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Users in our sole discretion.

  1. RESTRICTIONS

Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including reviews) or engage in any activity that, in our sole discretion:

  1. Violates our Content Guidelines, for example, by writing a fake or defamatory review, trading reviews with other users, or compensating someone for writing or removing a given review;

  2. Violates any third party’s rights, including copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

  • Violates those Terms;

  1. Violates any applicable law;

  2. Threatens, harms, harasses others, or promotes discrimination;

  3. Promotes a business or other commercial venture or event, or otherwise uses the Website and/or Mobile App for commercial purposes;

  • Engages in keyword spamming, or otherwise attempts to manipulate the Website’s and Mobile App’s search results;

  • Solicits personal information from minors, or submits or transmits pornography.

Apart from that, the User agrees not to:

  1. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works, publicly display, sell, trade, or in any way exploit the Website and Mobile App or its Content.

  2. Use any robot, spider, site or mobile app search/retrieval application in the Website or Mobile App;

  • Make attempts to reverse engineer any portion of the Website or Mobile App;

  1. Remove or modify any IP rights notice that appears on any portion of the Website or Mobile App or on any materials printed or copied from the Website or Mobile App;

  2. Record, process, or mine information about other Users and clients;

  3. Attempt to gain unauthorized access to the Website or Mobile App, the User Accounts, computer systems or networks connected to the Website or Mobile App, through hacking, password mining or any other means;

  • Use the Website, Mobile App or any Content to transmit any computer viruses, worms, Trojan horses or other items that could be of a destructive nature (collectively, “Viruses”).

When a particular action is not explicitly referred to in this clause, but is an obvious violation of Art. 7, the clause should be interpreted broadly, in favour of SEXY SHAPED, and this action should be considered as if it was included in this clause.

  1. PUBLIC FORUMS

“Forum” means an area, site or feature offered as part of the Website and/or Mobile App, that allows Users to distribute User Content for viewing by Website and Mobile App Users, including a chat area, message board, messaging, social community environment, profile page, blog, and e-mail function.

You acknowledge that Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any User Content. You further agree that your communications will comply with all rules set forth in Art. 6 and 7 above, SEXY SHAPED cannot guarantee the security of any User Content and you make such disclosures at your own risk. SEXY SHAPED has no duty to monitor any Forum.

RELATIONSHIP WITH OTHER GUIDELINES AND POLICIES

We process your personal data in accordance with our Privacy Policy. In particular these data protection provisions govern and explain the extent to which your personal data is collected, processed, can be seen by other Members and what options you have for controlling its disclosure to other Members and third parties.

Please have a careful look at our Privacy and Cookie Policies to learn more about the way we process and handle your personal information.

  1. THIRD PARTY WEBSITES AND CONTENT

The Services may contain, or you may be sent through the Website or Mobile App to, links to other websites (“Third Party Websites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and Third Party Content. Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, safety or completeness by SEXY SHAPED and SEXY SHAPED is not responsible for any Third Party Websites accessed through the Website or Mobile App or any Third Party Content posted on, available through or installed from the Website or Mobile App.

You agree that we are not responsible for the availability or Third Party Content of such Third Party Websites. Your use of Third Party Websites is solely at your own risk.

  1. ADVERTISING

The Services may be supported by advertising revenue and may display advertisements and promotions.

Parts of the Website or Mobile App may contain such advertising information or promotional material or other material submitted to SEXY SHAPED by third parties. Responsibility for ensuring that material submitted for inclusion on the Website or Mobile App complies with the applicable international and national laws is on the party providing the information/material. Your correspondence or business dealings with, as well as the participation in promotions of, advertisers other than SEXY SHAPED, found on or through the Website and/or Mobile App, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. SEXY SHAPED will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertisers on the Website or Mobile App.

  1. USER FEEDBACK. SUGGESTIONS AND IMPROVEMENTS

By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual right to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, against SEXY SHAPED and its users, any claims and assertions of any moral rights contained in such Feedback.

  1. PAYMENT AND PRICING

Pricing

SEXY SHAPED offers two different subscription plans – monthly and 3 months:

– The price of a monthly subscription is $115.

– The price of a 3 month program is $197.

Please note that prices may vary, depending on certain promotions and promo codes, which may be available at the sole discretion of SEXY SHAPED. Such promo codes can be used a single time only. Depending on the type of promotion, discounts may be applied to the first of- or all recurring payments by the User to SEXY SHAPED. If the discount or promotional offer is valid for the first payment only, i.e. for the first month of the subscription, such discount will not applicable on the future recurring payments.

SEXY SHAPED reserves the right to change the above prices at any given moment, without prior notification. You must check these Terms occasionally to acquaint yourself with any changes.

Recurring payments

Payments are done on a recurring basis are paid at the beginning of each subscription period, either at the beginning of the given subscription month or at the beginning of the subscription year. Your subscription will be renewed automatically at the end of each subscription period, unless you have notified us that you wish to cancel your subscription, in accordance with the next paragraph.

Cancellation

Users have the right to cancel their subscription at any given moment, either by sending an email to info@sexyshaped.com or by using the Cancel button in their User Account on the Website and Mobile App.

Please note that if you decide to cancel your subscription, you will not receive a refund for the remaining time of your subscription.

Payment

Payment is done exclusively with PayPal. All credit/debit cardholders are subject to validation checks and prior authorisation by the card issuer. If you are not using your own credit/debit card to pay for the subscription or order, you must ask the permission of the credit/debit cardholder before entering the payment details. By clicking “Submit” you are confirming that you have obtained the express prior permission of the credit/debit cardholder. Following clearance, payment will be debited from your account upon receipt of your subscription/order by SEXY SHAPED.

If the issuer of your payment card refuses to authorise payment to Nikulina A, IE we will not be able to process your subscription request or order and a message will appear informing you that the transaction cannot be processed. Nikulina A, IE, together with its business partners, takes all reasonable care to ensure that its payment system is secure. All payment card transactions made through the Website or Mobile App are processed using a secure online payment gateway (Secure Socket Layer (SSL) technology) that encrypts your card details in a secure hosting environment. We do not hold your payment card details on the Nikulina A, IE server.

  1. INDEMNITY

You are responsible for maintaining the confidentiality of your username, password and your User Account, as well as all activities that occur under your User Account.

You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective directors, owners, employees, agents, representatives and assigns harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions) incurred by the above mentioned in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Website, Mobile App and/or your User Account. You agree to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you. We will use reasonable efforts to notify you of any such claim, action or proceeding.

  1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE OR MOBILE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT, PERMITTED BY THE APPLICABLE LAW, NIKULINA A.,IE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FACT THAT: (I) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE OR MOBILE APP MAY BE TRADED OR SUITABLE FOR A SPECIFIC PURPOSE, (II) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE OR MOBILE APP WILL OPERATE WITHOUT INTERRUPTION AND ERRORS, (III) DEFECTS WILL BE RECTIFIED, (IV) THERE ARE NO BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, FOLLOWING THE ACTIONS OF THIRD PARTIES, (V) THE SECURITY METHODS USED WILL BE SUFFICIENT FOR THE PROTECTION OF THE SERVICES AND THEIR USERS, AND (VI) WITH REGARD TO THE CORRECTNESS, ACCURACY OR RELIABILITY, THERE WILL BE NO LOSS OF DATA, CONTENT OR INFORMATION.

DOWNLOADING OR OTHERWISE OBTAINING MATERIALS THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE, TABLET OR OTHER DEVICE OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL. SEXY SHAPED WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SEXY SHAPED SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. THE COMMUNICATION WITH SEXY SHAPED, WHETHER WRITTEN OR ORAL, IN CONNECTION TO, TROUGH THE OR AS A RESULT OF USING THE SERVICES SHALL NOT CREATE ANY WARRANTIES NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING, YOU AGREE THAT WHEN USING THE SERVICES, YOU WILL NOT USE ANY TRADEMARK, TRADE NAME OR LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY TO CAUSE CONFUSION ABOUT THE OWNER OF SUCH MARKS, NAMES OR LOGOS.

SEXY SHAPED MAKES NO PROMISES WITH RESPECT TO ANY THIRD PARTIES, SUCH AS ANY ADVERTISMENTS OR SOMETHING ELSE THAT CAN BE SEEN ON THE WEBSITE OR MOBILE APP OR OTHER USERS OF THE SERVICES. SEXY SHAPED IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH OUR SERVICES OR ANY OTHER GOODS OR SERVICES PROMOTED OR FEATURED ON THE WEBSITE OR MOBILE APP.

YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE WEBSITE OR MOBILE APP IS DONE AT YOUR OWN DISCRETION AND RISK. YOU HEREBY ACKNOWLEDGE THAT ANY RELIANCE ON INFORMATION PROVIDED ON THE WEBSITE AND MOBILE APP IS AT YOUR OWN RISK AND DISCRETION.

SEXY SHAPED MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE ACTUAL OUT-OF-POCKET AMOUNT PAID BY YOU TO SEXY SHAPED FOR ACCESSING THE WEBSITE, MOBILE APP AND THE SERVICES.

SEXY SHAPED DISCLAIMS LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, (II) DEATH OR PERSONAL INJURY, (III) LOSS OF PROFITS AND RESULTING DAMAGE, (IV) BUSINESS INTERRUPTION, (V) REPUTATIONAL HARM, OR (VI) LOSS OF INFORMATION OR DATA.

  1. DISPUTE RESOLUTION

You agree that any and all disputes and claims, arising out of or in connection with these Terms, the Website, Mobile App and the Services shall be resolved individually, without resort to any form of class action.

Any and all claims, judgments, and awards shall be limited to the actual out-of-pocket amount paid by you to SEXY SHAPED for accessing the Website, Mobile App and the Services, but in no event attorneys’ fees; and under no circumstances you will be permitted to obtain awards for, and each User hereby waives all rights to claim punitive, incidental, consequential damages or any other damages other than actual out-of-pocket expenses for using the Services of SEXY SHAPED.

This Agreement and all rights and obligations in connection with it are governed by Russian law. Any disputes between the Parties arising from this Agreement shall be heard and determined by the competent Russian Court.

  1. SEVERABILITY

If any of these terms of use are found unlawful, void, or for any reason unenforceable, then such provisions will be considered severable from the remaining Terms and will not affect the validity and enforceability of the remaining provisions.

  1. TERMINATION

  1. You may terminate the Terms at any time by closing your User Account, discontinuing your use of the Website and Mobile App or providing SEXY SHAPED with a notice of termination.

  2. We may close your User Account, suspend your ability to use certain portions of the Website or Mobile App and/or ban you altogether from using the Services for any or no reason and without notice or liability of any kind. Any such action could prevent you from accessing your User Account, the Website, Mobile App, Your Content, SEXY SHAPED Content and/or any other related information.

  • In the event of any termination of these Terms, whether by you or us, Sections 2, 6, 7, 9, 12, 13, 14, 15, 16 and 17 will continue in full force and effect, including our right to use Your Content as detailed in the provisions of Section 6.

  1. GENERAL TERMS

  1. We reserve the right to amend, update, or discontinue the Website and/or Mobile App at our sole discretion, at any time, with or without reason, and without notice or liability.

  2. We may provide you with notices, including those regarding changes to the Terms, by email or through the Website and/or Mobile App.

  • Except as otherwise stated in Section 10 above, nothing in those Terms is intended, nor will be deemed, to confer rights or remedies upon any third party.

  1. The Terms contain the entire agreement between you and SEXY SHAPED regarding the use of the Website and Mobile App.

  2. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated so that the Terms shall otherwise remain in full force and effect.

  3. The section titles in the Terms are for convenience only and have no legal or contractual effect.

  1. CONTACT

In order to address a question, to resolve a complaint regarding the Website, Mobile App or the SEXY SHAPED, or to receive further information regarding the Services, please contact SEXY SHAPED using one of the following methods:

Address: Marshala Tuhachevskogo, 17, Moscow, Russia

e-mail: info@sexyshaped.com

RECURRING POLICY

Sexy Shaped may require you to make recurring payment Transactions in order to use the https://sexyshaped.com platform.

Definition

A recurring payment Transaction is a Transaction made pursuant to an agreement between the user or a cardholder and Sexy Shaped whereby the user authorizes the Merchant to bill the Sexy Shaped Mastercard, VISA, or other credit/debit card account or (where supported) Maestro Account on an ongoing basis, with no specified end date. Billing may occur periodically, such as monthly, quarterly or annually, or as needed to “top up” the user’s account with Sexy Shaped. Each payment may be for a variable or a fixed amount. Recurring payments differ from instalment billing in that when a purchase is paid in instalments, the number of payments is limited.

Charging Periods and Renewal

Transactions done on a recurring basis are paid at the beginning of each subscription period, either at the beginning of the given subscription month or at the beginning of the subscription year. Your subscription will be renewed automatically at the end of each subscription period, unless you have notified us that you wish to cancel your subscription or cancel your agreement with Sexy Shaped in accordance with the Sexy Shaped Terms and Conditions.

Billing Amounts

Billing amounts may vary, depending on the subscription amount chosen by a given user. Sexy Shaped offers two different subscription plans – monthly and 3 months:
– The price of a monthly subscription is $115.
– The price of a 3 month program is $197.

Promotions and Discounts

Please note that prices may differ, depending on certain promotions and promo codes, which may be available at the sole discretion of Sexy Shaped. Such promo codes can be used a single time only. Depending on the type of promotion, discounts may be applied to the first of- or all recurring payments by the User to Sexy Shaped. If the discount or promotional offer is valid for the first payment only, i.e. for the first month of the subscription, such discount will not applicable on the future recurring payments. After the first month upon joining Sexy Shaped you will be charged the regular monthly price of $115 until you cancel your subscription.

$1 Joining Fee

If there is a promotion which indicates $1 (Joining Fee) this applies that you will pay today $1 and after 1 week you will be rebilled the regular monthly fee of $19.90.

Free Trial

If you choose FREE TRIAL (specify) you will have access to the Premium section with limited functions for 14 (fourteen) days without any hidden fee . You will be notified by mail 48 hours before the expiration of those 14 (fourteen) days. After the end of the trial period your credit card will be charged with 115 USD and you will be subscribed.

Cancellation

You can cancel your Sexy Shaped membership at any time, and you will continue to have access to Sexy Shaped service through the end of your monthly billing period. To cancel, go to the top right corner and click/tap on the profile photo and select SETTINGS and click/tap on the SUBSCRIPTION link and click CANCEL SUBSCRIPTION link. If you cancel your membership, your account will automatically become FREE USER at the end of your current billing period. To see when your account will close, click “SUBSCRIPTION” on the “SETTINGS” page.

PRIVACY POLICY

Last Updated on 10 May 2017. This Privacy Policy is effective immediately for Users after that date.

Nikulina A.,IE (“Sexy Shaped “, “we,” “us,”) respect your privacy and is committed to protecting it through our compliance with this Privacy Policy. This policy describes:

  • the types of information that we may collect from you when you access or use our Website – https://sexyshaped.com/ and other online services (collectively, our “Services”); and

  • our practices for collecting, using, maintaining, protecting and disclosing that information. This policy applies only to information we collect through our Services and in the electronic communications sent through or in connection with our Services.

The definitions of the terms in this Privacy Policy have been referred by the Terms and Conditions of the Sexy Shaped Website

Sexy Shaped strives to offer its visitors and Users the many advantages of Internet technology and to provide an interactive and personalized experience. For these purposes, we, from Sexy Shaped, may use personally identifiable information – like your name, e-mail address, address, telephone number, etc., which are subject to the terms of this Privacy Policy. We, and we suppose you too, do not tolerate spam. We will therefore never sell, barter, or rent your email address to any unauthorized third parties.

WHAT INFORMATION DO WE COLLECT FROM OUR USERS

Sexy Shaped may collect and use information of and regarding its Users. The information, through which the person may be identified, may include data, which the User voluntarily enters, uses or provides when using the Services of the Website Sexy Shaped, or submits when creating a User Account. Sexy Shaped collects and uses the information for the purposes, outlined in the Terms and Conditions, as well as to offer new services to the User or to familiarize him with new functionalities on the Website. We collect two types of information from and about our Users, including information:

  • by which you may be personally identified; and/or

  • about your internet connection, the equipment you use to access our Services and your usage details (i.e. your Internet Service Provider).

The information we collect on or through our Services may include:

  • User Account information: Your full name, email address and other information you may provide with your account, such as your address, mobile phone number and age, weight, height that may be displayed as a part of your User Account;

  • Preferences: Your preferences and settings such as time zone and language;

  • Your Content: Information you provide through our Services

  • Searches and other activities: The search terms you have looked up and results you selected;

  • Browsing information: How long you used our Services, which features you used, etc.;

  • Communications: Between you and Sexy Shaped support staff regarding the Services

  • Posts: You also may provide information (likes, ratings, reviews, images, photos, comments, etc.) to be published or displayed on publicly accessible areas of the Services.

  • Transactional information: If you make payments or purchases through our Services, we may collect and store information about you to process your requests and automatically complete forms for future transactions;

  • Information from third parties: We may collect, process and store your user ID associated with any social media account (such as your Facebook and Google account) that you use to sign into the Services or connect with or use with the Services. This could include, without limitation, any information that you have made public through a given social media account of yours.

HOW WE GATHER INFORMATION FROM USERS

How we collect and store information depends on the pages you are visiting, the activities in which you elect to participate and the services provided. For example, you may be asked to provide information when you register for access to certain portions of our Website, create a User account, request certain features, such as e-mail newsletters or when you make a payment. Like most websites, Sexy Shaped also collects information automatically and through the use of electronic tools that may be transparent to our visitors and Users. For example, we may log the name of your Internet Service Provider or use “cookies” technology to recognize you and hold information from your visit (for more information, please view our separate Cookie Policy). Among other things, the cookies may store your username and password, sparing you from having to re-enter that information each time you visit, or may control the number of times you encounter a particular part of the Website. As we use additional technologies, we may also gather information through other means. In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies.

WHAT WE DO WITH THE INFORMATION WE COLLECT

Like other websites, we collect information to enhance your visit and deliver more individualized content. We respect your privacy and do not share your information with anyone, except in cases when that proves necessary.

Aggregate information and information that does not personally identify you, may be used in many ways. For example, Sexy Shaped may combine information about your usage patterns on the Website with similar information obtained from other users to help enhance our site and Services (e.g., to learn which pages are visited the most or what features Users find the most attractive). This information does not include any information about you and does not allow anyone to identify you individually. We may use personally identifiable information, collected on the Website, to communicate with you about your registration and customization preferences; our Terms of Service and Privacy Policy; services and products offered by or through the Website; and other topics we think you might find of interest. Personally identifiable information collected by Sexy Shaped may also be used for other purposes, including but not limited to Website administration, troubleshooting, processing of e-commerce transactions and other communications with you. Certain third parties who provide technical support for the operation of our Website – our Web hosting service for example – may have access to such information. We will use your information only as permitted by law. We may also disclose your information in response to a court order, at other times when we believe we are reasonably required to do so by the applicable law, in connection with the collection of amounts you may owe to us, and/or to law enforcement authorities, whenever we deem it appropriate or necessary. Please note we may not provide you with notice prior to disclosure in such cases. All payment card transactions made through BrainTree Interface and are processed using a secure online payment gateway (Secure Socket Layer (SSL) technology) that encrypts your card details in a secure hosting environment. We do not hold your payment card details on the Nikulina A.,IE server.

In accordance with the recommendations of Payment Card Industry Security Standards Council, customer card details are protected using Transport Layer encryption — TLS 1.2 and application layer with algorithm AES and key length 256 bit.

We may use personal information we collect from you, such as age, gender, interests, activities etc. in order to better understand your behaviour and provide you with the most relevant content and advertisements. We use this information to serve you with more relevant advertisements, a process also know as Remarketing. For example, you may see certain advertisements on this website or other websites due to the fact that we contract with Google and other similar third parties, to target our advertisements based on the information we or they have collected, including but not limited through automated means, such as cookies. You may opt out of the automated collection of information by changing your preferences at http://www.google.com/settings/ads. Certain third parties we work with, such as Google, may use cookies to serve you with better advertisements based on your prior visits of our Website. Moreover, Google may use DoubleClick cookies, which enables it and its partners to serve you more relevant advertisements based on your prior visits to our Website and/or other websites on the internet. You may opt out of Googles DoubleClick cookies at any time, by visitinghttp://www.google.com/settings/ads.

REVIEWING, CHANGING OR DELETING INFORMATION

If you would like to review, change or delete personal data we have collected from you or you had submitted or permanently delete your account, please contact us. For more information regarding the termination or deletion of your information, please refer to Section 8: Termination of this Privacy Policy.

ACCESSING & CORRECTING YOUR PERSONAL INFORMATION

We take reasonable steps to accurately record the personal information that you provide to us, as well as any subsequent updates.

We encourage you to review, update, and correct the personal information that we maintain about you. You may request that we delete personal data about you that is inaccurate, incomplete, irrelevant for legitimate purposes, or are being processed in a way which infringes any applicable legal requirements.

SECURITY: HOW WE PROTECT YOUR PERSONAL INFORMATION

Nikulina A.,IE is registered as a Personal Data Controller at the Russian Commission For Personal Data Protection under Register Number 773467375409. We have implemented appropriate measures in the form of various technical, physical and other means, including, but not limited to measures regarding the security of out electronic systems and databases, locks, racks, cases and other devices and access controlling systems, fire-notifying and fire extinguishing systems. These means aim at improving the integrity and security of the personal information that we collect and maintain. However, please be advised that even the best security measures cannot guarantee the full elimination of all risks. If we learn of any violation, breach or danger to our security systems breach, then we will attempt to notify you electronically so that timely and appropriate protective steps can be taken. Apart from informing you via e-mail, we may post a notice through the Website if a security breach occurs.

CONTROLLING YOUR PERSONAL DATA

Other Users may be able to identify you, or associate you with your account, if you include your personal information in any content you post or make publicly available.

TERMINATION

As mentioned, you may at any time review or change the personal information we maintain about you by contacting Sexy Shaped. Upon your request, we will delete your contact information and personal data from our active databases. This Privacy Policy is effective until terminated by either party. If you no longer agree to be bound by this Privacy Policy, you must cease the use of the Sexy Shaped Website. If you are dissatisfied with Sexy Shaped, its’ content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the Website. Sexy Shaped reserves the right to terminate or suspend your access to and use of the Website, or parts of them, without notice, if we believe, in our sole discretion that such use is in violation of any applicable law, or harmful to our interests or the interests of another person or entity, or where Sexy Shaped has reasons to believe that their use is in violation of this Privacy Policy or the Terms of Use.

CHILDREN’S PRIVACY

Sexy Shaped does not knowingly collect personal information from children under the age of 13. If we learn that we have personal information on a child under the age of 13, we will delete that information from our servers. Sexy Shaped encourages parents to go online with their kids. Some tips to help make a child’s online experience safer: Teach kids never to give personal information, unless supervised by a parent or responsible adult. This Includes name, address, phone, school, etc. Know the sites your kids are visiting and which sites are appropriate. Look for website privacy policies. Know how your child’s information is treated.

CHANGES TO THIS POLICY

Sexy Shaped reserves the rights to change this Privacy Policy at any time. Please check this page periodically for changes. Your use of the services after any such amendment or change in the Privacy Policy shall be deemed as your express acceptance to such amended/changed Privacy Policy and an assent to be bound by such changed/amended Privacy Policy. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.

GOVERNING LAW

This Privacy Policy and the use of the Website are governed by the laws of Russia. If a dispute arises under this Privacy Policy, we agree to first try to resolve it by negotiation. Any costs and fees other than attorney fees associated with the negotiation will be shared equally by the parties. If it proves impossible to arrive at a mutually satisfactory solution through negotiation, Sexy Shaped agrees to submit the dispute to the competent Russian Court.

COPYRIGHTS

The copyrights of this Website are the property of Nikulina A.,IE Texts, graphics, photographs, animations, videos and clips, visible on the website are the object of copyright and are part of the intellectual property of Sexy Shaped. Those may not be reproduced, used, presented or represented without an explicit written permission by Sexy Shaped. Any distribution of files, obtained by the Users under the Terms and Conditions of the Website, or of parts of such files, constitutes a violation of the relevant intellectual property protection laws and is prosecuted by the law.

Nothing contained on this website may be interpreted as granting a license or right of use as a trademark without the prior explicit written consent of Sexy Shaped.

MISCELLANEOUS

Sexy Shaped is controlled, operated and administered entirely within Russia.

If you are accessing the Sexy Shaped Website from another jurisdiction, please be advised that you are transferring your personal information to Nikulina A., IE in Russia and, by using the Website, you consent to that transfer and to abide by the applicable laws concerning your use of the Website and your agreements with us.

This statement and the policies outlined in this Privacy Policy are not intended to and do not create any contractual or other legal rights in or on behalf of any party Nikulina A.,IE may provide a translation of the English version of the Privacy Policy into other languages. You understand and agree that any translation of the Privacy Policy into other languages is only for your convenience and that the English version shall govern your rights and responsibilities. In case there are any inconsistencies between the English version of the Privacy Policy and its translated versions, the English version of the Terms shall prevail.

CONTACT

If you believe Sexy Shaped does not adhere to this Privacy Policy, in order to address a question, to resolve a complaint regarding the Website or the Sexy Shaped Services, or to receive further information regarding the Services, please contact Sexy Shaped using one of the following methods:

Address: Marshala Tuhachevskogo, 17, Moscow, Russia

Email: info@sexyshaped.com

Telephone: +79153971025