Language: English

Currency: US$

Terms Of Use

Welcome to Special Sexual web, mobile site and mobile application.

These terms and conditions ( “Agreement” or “Terms” ) govern your use of the specialsexual.com/ website (the “Site” ), related Special Sexual mobile application available to US residents (the “App” ), any other written, electronic, and oral communications with SHEIN, or any websites, pages, features, or content owned and operated by us (collectively, including the Site and App the “Services” ). You must be age 16 or older to use the Services.

BY USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

PLEASE BE AWARE THAT THIS AGREEMENT CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND SPECIAL SEXUAL. AMONG OTHER THINGS, IT INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. IT ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THIS AGREEMENT CAREFULLY.

UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

1. GENERAL >
2. USE OF OUR SERVICES >
3. PRIVACY POLICY >
4. ERRORS >
5. PURCHASES >
6. INTELLECTUAL PROPERTY AND OWNERSHIP >
7. THIRD PARTY LINKS AND RESOURCES >
8. ADDITIONAL APP TERMS >
9. TEXT MESSAGING PROGRAM >
10. EVENTS BEYOND OUR CONTROL >
11. LIMITATION OF LIABILITY >
12. DISCLAIMERS OF WARRANTIES >
13. LEGAL DISPUTES AND ARBITRATION AGREEMENT FOR USERS IN THE UNITED STATES >
14. LEGAL TERMS >
15. NOTICE OF INTELLECTUAL PROPERTY INFRINGEMENT >
16. CONTACT US >
17. INTERNATIONAL USERS >

1. GENERAL

1.1 Services. The Site and the App are provided by Special Sexual, LLC. Where applicable, “Special Sexual” , the "Company" , "we" , "us" and "our" shall refer to Special Sexual, LLC and its affiliates and "you" or "your" shall refer to the user of the Services.

The Services provide an online marketplace that enables users in the United States to purchase products from third-party sellers ( “Third-Party Seller(s)” ) and/or Special Sexual Distribution Corporation. If you order products to be shipped to another country, you may be redirected to the local site of the country to which products are shipped, in which case, you will be subject to the terms of that local site.

1.2 Updates to the Terms. We reserve the right to change, modify, add or remove sections of these Terms, at any time, in our sole discretion. You are responsible for checking these Terms for any changes whenever you use the Services. When changes are made, we will make a new copy of these Terms available on the Services, and we will also update the “Last Updated” date at the top of the Terms. We may also require you to provide consent to the updated Terms in a specified manner before further use of the Services (or certain functionality thereof) is permitted. By continuing to use or access any of the Services or otherwise engaging with Special Sexual after the posting of changes, you accept and agree to any such changes. IF YOU DO NOT AGREE TO ANY CHANGE(S), YOU SHALL STOP USING THE SERVICES.

1.3 Supplemental Terms. Your use of, and participation in, certain features and functionality of the Services may be subject to additional terms, such as our Bonus Point Policy , Coupon Policy , Return Policy and Gift Card Policy ( “Supplemental Terms” ), the terms of which are hereby incorporated by reference. If these Terms are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to the applicable Services.

2. USE OF OUR SERVICES

2.1 Use of Services. Subject to the terms and conditions of this Agreement, Special Sexual hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services for the purpose of personal, non-commercial, shopping for items sold on the Services and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

2.2 Limitations on Use. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Services or any portion of them unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another business unless explicitly permitted by us in advance. You agree that we may, in our sole discretion and without prior notice, terminate your access to the Services at any time with or without cause. In addition, from time to time, we may restrict access to some or all parts of the Services, including, but not limited to, the ability to upload documents, make payments, or send messages.

You shall not upload to, distribute, or otherwise publish through the Services any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under local or international law; or (c) includes any bugs, logic bombs, viruses, worms, trap doors, Trojan horses or other code, material or properties which are malicious or technologically harmful.

Additionally, you agree not to:

use the Services for any unlawful purposes, or in a way that could violate any applicable federal, state, local, or international law or regulation, the rights of Special Sexual, or the rights of any third-party;
to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose us or them to liability;
use the Services in any manner that could disable, overburden, damage, or impair the Site or App or any other party’s use of the Services;
use any robot, spider or other manual or automated device, process, software or means to index or access the Services for any purpose;
use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes; or
otherwise attempt to interfere with the proper working of the Service.

2.3 Account Creation and Termination. In order to access some features or services available on the Services, you will have to create a Special Sexual user account ( “User Account” ), including setting up a password. You may not use another person’s account or password.

You are solely responsible for protecting the confidentiality of your User Account and the information you hold for your User Account, including your password, as well as any and all activity that occurs under your User Account. In no event will we be liable for any loss, theft or fraudulent use of your User Account. You agree to immediately notify us of any unauthorized use of your User Account, password, or any other breach or threatened breach of the Site or App’s security. You warrant and confirm that you will only use your own User Account or password in connection with accessing and using the Services.

Your Wallet (defined below) will only work in the United States. If you reside in one country but order products to be shipped to another country, you may be redirected to the site serving the country to which the products are shipped.

We reserve the right to suspend or terminate your User Account and/or cancel your orders in our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests. If your User Account is discontinued by Special Sexual due to your violation of any portion these Terms or for conduct otherwise deemed inappropriate, then you agree that you will not attempt to re-register with or access the Services through use of a different member name, user account or otherwise. You may terminate your User Account at any time, for any reason, by following any applicable instructions within the Site or App, or by contacting us as described in the “Contact Us” section below. If your Wallet (defined below) holds promotional points, promotional coupons or wallet credit at the time of termination or cancellation of your User Account, you may lose the ability to use those assets, except as provided by applicable law, if you do not reach out to Customer Service . To the fullest extent permitted by applicable law, Special Sexual will not have any liability whatsoever to you for any suspension or termination of your User Account.

By creating a User Account with us, you acknowledge that we may send you promotional or marketing emails from time to time. If you do not wish to receive those emails, please use the link provided in those emails to unsubscribe from our email list.

2.4 Wallet.

If you create a User Account, you will be provided with a Special Sexual digital wallet ( “Wallet” ) that can be used to collect and hold Wallet credits, promotional coupons, and promotional points, and to track gift cards (see details on each type below) issued by Special Sexual via the Services. The Wallet is provided as a convenience to enable you to readily access these features; you cannot load your own funds to the Wallet, and nothing maintained in the Wallet has any cash value except as expressly indicated below or as otherwise provided by applicable law. Wallet credits, promotional coupons, promotional points, and gift cards can only be redeemed, as applicable, in connection with purchase of products available on the Services in accordance with the terms below, and not for any other purpose. Wallet Credits and gift cards can only be redeemed in connection with the purchase of products sold by Special Sexual, not Third Party Sellers. The Wallet is accessible via the Site or the App in the section “My Assets” of your User Account. Wallet credits, promotional coupons, promotional points, and gift cards cannot be redeemed for cash, except as may be required under applicable law. You may view your total balance of the various items in your Wallet, including the value of Wallet credits available for redemption, in the “My Assets” section. This balance information is provided for your convenience only and is not intended to reflect, and does not constitute, an aggregate balance of funds available for you to spend and held on your behalf by Special Sexual (or any other party). Notwithstanding the foregoing, we do not permit the total aggregate nominal value (assuming redemption) of your various assets to exceed $2,000 at any time. In addition, we may further limit the amount of Wallet credits, gift cards, or coupons that you are able to maintain at any given time, at our sole discretion.

Promotional Points: Promotional points are stored in your Wallet. Promotional points may be earned by participating in certain activities and by purchasing products through the Services, as further detailed in Bonus Point Policy . Promotional Points are subject to expiration and cancellation by the Company. Promotional points can only be redeemed on the site through which they were granted (for example, if promotional points were granted on the specialsexual.com site, then they can only be redeemed on that site).
Promotional Coupons: Coupons are subject to additional terms and conditions found in Special Sexual’s Coupon Policy , which may change from time to time with or without notice. Coupons provided to you may be subject to expiration by Special Sexual. The use of coupons granted by Special Sexual is subject to limitations as provided in connection with each promotional coupon. Promotional coupons can only be used on the site through which they were granted (for example, if a promotional coupon was granted on the specialsexual.com site, then it can only be used on that site). Notwithstanding the foregoing, only those promotional coupons that are identified by Special Sexual as being eligible for Third-Party Sellers’ products may be used for purchasing Third-Party Sellers’ products on the Services and any promotional coupons that are identified as only for Third-Party Sellers’ products may not be used for purchasing products sold by Special Sexual.
Wallet Credit: Wallet credit may be provided to you when you return goods sold by Special Sexual in accordance with our Return Policy and choose a Wallet credit in lieu of the refund to your payment method option. In electing to receive a Wallet credit instead of a refund to the payment method used for your purchase, you understand and agree that you will not receive and will no longer be able to receive a refund to your payment method or any other method. The Wallet credit cannot be redeemed for cash and does not have any cash value, except as may be required under applicable law. Wallet credits can only be redeemed on the site through which the Wallet credit was granted (for example, if you ordered and subsequently returned a product on the specialsexual.com site and elected to receive a Wallet credit, that Wallet credit can only be redeemed on that site). Wallet credit is only available for products sold by Special Sexual. Wallet credit cannot be redeemed when purchasing Third-Party Sellers’ products and is not an available option when returning products sold by Third-Party Sellers.

2.5 Interactions with Other Users. When interacting with others via the Services, including Third-Party Sellers, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you do not know. You are solely responsible for your interactions with any other parties with whom you interact; provided, however, that Special Sexual reserves the right, but has no obligation, to provide support in the event of disputes between you and any Third-Party Sellers or other users of the Services.

2.6 Accurate Information; Customs. You must provide valid, complete, and accurate data of the type required on the Services when making a purchase, and it is your sole responsibility to make certain that such data is accurate. All names and addresses (including for shipping and payment) must also be accurate and valid. If any information is missing or is incorrect, and that leads to a shipment delay or cancellation during the customs clearance process, neither Special Sexual nor any Third-Party Seller will be responsible or be obligated to offer any compensation to you whatsoever. You hereby authorize Special Sexual to make statements, submit, amend and invalidate all declarations and documents necessary or useful to import goods ordered by you in your name and/or from your User Account. This includes the power to make and receive service and deliveries, request refunds of any levies, taxes and fees relating to the importation of goods, to conduct administrative appeal and court proceedings as well as enforcement proceedings and appeals and remedies at all instances, file applications, complaints, etc. with public authorities, courts and other institutions, file, withdraw and/or waive legal remedies and appeals against judgments, orders, arbitral awards, payment orders, or any other orders and decisions of whatever kind, receive monies, valuables and documents and/or deeds in connection with the purchase, shipment, or delivery of products you purchased or caused to be purchased via the Services. It also includes the right to instruct customs agents in the name and on behalf of you and to grant sub-authorization to customs agents and/or other representatives involved in handling matters relating to the importation of goods and complying with regulations regarding the importation of goods.

3. PRIVACY POLICY

Special Sexual’s Privacy Policy applies to use of the Services, including your submission of personal information through the Services, and is herein incorporated by reference.

4. ERRORS

While we strive to provide accurate information on the Services, errors, inaccuracies, or omissions, including those that relate to pricing, product descriptions, availability, and offers may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or modify information or cancel orders if any information on the Services is inaccurate at any time without prior notice, including after your order has been submitted. In the event we or a Third-Party Seller cancel all or part of an order, we will provide you with notice and a refund.

5. PURCHASES

5.1 Prices and Orders. All product prices listed on the Services are exclusive of shipping charges and local sales and use tax and other taxes or fees (where applicable) which will be charged to you separately at the applicable rate on each order. A Colorado Retail Delivery Fee will be charged to you separately at the applicable rate on each order that is to be delivered to an address in Colorado. Similarly, any other regulatory fees that may be required by the state where your order is to be delivered will be charged to you separately, if applicable.

Prices may change at any time, but (other than as set out above) changes shall not affect the orders for which we have sent an order confirmation email. All amounts are in U.S. dollars unless otherwise noted on the Site or in the App.

For a detailed description of our order process, please visit How to Order . Credit cards are subject to verification and authorization by the card issuer. If you made a purchase through your User Account, your purchase and order history are available in the “My Orders” section of your User Account. By clicking “Buy Now” or “Place Order” and “Continue” in connection with an order on the Services, you are offering to purchase the applicable products available on the Services, the acceptance of such offer is in our and/or the Third-Party Seller’s, as applicable, sole discretion; confirmation of acceptance (if any) will be communicated to you in an order confirmation via email.

If you detect an error in your order after the completion of the payment process, you should immediately contact our Customer Service Platform to correct the error.

Please note single-day purchase limitations: Customers in the United States cannot currently place order(s) that exceed $800 on a single day.

5.2 Colors. We make reasonable efforts to display, as accurately as possible, the colors of our products that appear on the Services. However, because the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be an accurate depiction of the color of the color of the product you selected to purchase.

5.3 Shipping. Although some of the products sold on the Services may be available to be shipped from a location within the United States, other products may be shipped from outside of the United States. We may include a “Quickship” tag on the product page of certain products. A “Quickship” tag will let you know that the item may be available to be shipped from a location in the United States. However, if such item is no longer available to be shipped from within the United States by the time your order is placed, it will be shipped from outside the United States.

5.4 Title and Shipment. Title to any purchased items fulfilled outside the United States transfers from the respective seller (i.e., Special Sexual Distribution Corporation if you purchase a product sold by Special Sexual or the Third-Party Seller if you purchase a product sold by a Third-Party Seller) to you as the respective customer once the items are loaded onto the international carrier outside of your country. Title to any purchased items fulfilled in the United States transfers from the respective seller (i.e., Special Sexual Distribution Corporation if purchase a product sold by Special Sexual or the Third-Party Seller if you purchase a product sold by a Third-Party Seller) to you when the products are delivered to the shipping address provided by you. Any legitimate claims arising from loss or damage during delivery of the order by the carrier to your delivery address must be made to Customer Service within fourteen (14) days after your received the goods or should have received the goods (in case of lost goods). If we determine that your claim is valid, at our discretion, we will either replace the item that was damaged or lost during shipment (subject to availability and using the same shipping method without additional shipping costs, and subject to the same terms and conditions as set forth herein), or we will reimburse you the purchase price and shipping cost paid (provided that the shipping cost did not include other items that were delivered without damage).

5.5 Return of product. Returns of items purchased on the Services will be accepted in accordance with our Return Policy . Returns may only be made using the return shipping label we provide to you. Based on your request, we will either exchange the product or refund you the purchase price (free return shipping will only be available for one return per order). The refund will be credited either to your Wallet associated with your User Account (subject to Section 2.4 in these Terms) or your original method of payment at your election. If you choose a Wallet credit, you will not be able to redeem the Wallet credit for cash, except as required under applicable law.

5.6 Purchases from Third-Party Sellers. Because Special Sexual does not own any of the products that are listed by Third-Party Sellers, all such products are purchased from and sold directly by such Third-Party Sellers. Special Sexual is not a party to any transaction for products listed by Third-Party Sellers, and accordingly, any contract for the purchase of products listed by Third-Party Sellers through the Services is entered into directly between the applicable purchaser and such Third-Party Seller. While Special Sexual may facilitate these transactions through the Services (including by acting as limited payments agent on behalf of Third-Party Sellers to process payments on such sellers’ behalf), we have no control over and do not guarantee the existence, quality, timing, condition, safety or legality of products offered for sale by Third-Party Sellers through the Services; the truth or accuracy of listings for products sold by Third-Party Sellers; the integrity, responsibility, or any actions of any Third-Party Sellers; the ability of any Third-Party Sellers to sell products; or that any Third-Party Seller will actually complete a transaction. SHEIN is not an auctioneer, seller, or carrier of any items that are listed for sale by Third-Party Sellers.

5.7 Release for Disputes with Third-Party Sellers. To the fullest extent permitted by applicable law, Special Sexual expressly disclaims any and all liability that may arise between you and any Third-Party Seller. The Services merely provide a venue for connecting our users with Third-Party Sellers. Because Special Sexual is not a party to the actual contracts between you and any Third-Party Seller that you purchase a product from, in the event that you have a dispute with any Third-Party Seller, you release Special Sexual, its parents, subsidiaries, affiliates, and all of their officers, employees, investors, agents, partners and licensors, but excluding any Third-Party Sellers (each a “Special Sexual Party” and collectively, the “Special Sexual Parties” ) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services.

6. INTELLECTUAL PROPERTY AND OWNERSHIP

6.1 Content. The Services, including all features and materials, such as the text, logos, software, scripts, data compilations, graphics, photographs, sounds, music, videos, and interactive features provided as part of the Services (collectively, “Content” ), as well as the design of any products offered on the Services, may be the property of Special Sexual or others and protected by copyright and/or other intellectual property laws. You may only access the Content as permitted under these Terms.

6.2 Marks. The trademark Special Sexual and other trademarks, service names, logos, designs, phrases, page headers, button icons, and scripts used by Special Sexual in connection with the Services, are trademarks, service marks, and trade dress of Special Sexual (collectively, the “Marks” ) in the United States and other countries. No right, title, or interest in or to any of the Marks is transferred to you and all rights not expressly granted are reserved. The Marks may not be used by you without the express written permission of Special Sexual. All other trademarks not owned by Special Sexual that appear in connection with products offered on the Services are the property of their respective owners, who may not be affiliated with, connected to, or sponsored by Special Sexual. Use of the Marks on any portion of the Services, is not a representation that Special Sexual is the owner of any copyright or other intellectual property rights in the products offered for sale on the Services. Special Sexual sources some of its products from third-party manufacturers and wholesalers, and the Services offer products sold by Third-Party Sellers.

6.3 Rights Reserved. The Content on the Services is intended solely for personal, non-commercial use. You may not download, copy, reproduce, distribute, transmit, broadcast, display, perform, reproduce, publish, sell, license, create derivative works from, or otherwise exploit any Content, software, products or service contained on the Services without the prior written consent of the Company or the respective owners. You may not use any of the Content to further any commercial purpose, including any advertising or advertising revenue generation on your own website, social media account or in any other form or medium. You hereby grant to Special Sexual (and its affiliates, assignees, or survivors in interest) a world-wide, perpetual, warranty-free, irrevocable license to freely duplicate, use, or incorporate any questions, comments, suggestions, ideas, feedback or other information about the Services that you provide to us. You further acknowledge and agree that all of the foregoing is not confidential and is subject to the Company’s review and monitoring. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein. We reserve all rights not expressly granted in and to the Content.

6.4 Reviews, Comments and Submissions. Except as otherwise provided elsewhere in this Agreement or on the Services, anything that you submit or post to the Services and/or provide to the Site or App, including, without limitation, images, videos, information, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions” ) is and will be treated as non-confidential and nonproprietary (unless such Submission is otherwise subject to our Privacy Policy ), and by submitting or posting, you agree to irrevocably license the Submissions and all intellectual property rights related thereto (excluding the moral rights such as authorship right) to the Company on a non-exclusive basis without charge and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You hereby grant to Special Sexual (and its affiliates, assignees, or survivors in interest) a world-wide, perpetual, warranty-free, irrevocable non-exclusive license to duplicate, use, or incorporate all your Submissions. In addition to the rights applicable to any Submission, when you post comments or reviews to the Services, you also grant us the right to use the name that you submit with any review or comment, if any, in connection with such review or comment. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions or content. We may but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.

You warrant that you have all necessary rights and authorizations to provide, upload, and submit your Submissions and to grant the rights and licenses to Submissions that you grant under these Terms. You undertake to defend and indemnify the Company against any losses caused due to the use of the Submissions as authorized herein.

Please note that you are prohibited from posting images to our Services of yourself, if you are under the age of 18, or of others who are under the age of 18.

6.5 User Generated Content Policy. When you transmit, post, upload, share, or otherwise contribute any content, including Submissions, to the Services, such contributed content shall be considered as user-generated content ( “UGC” ) to the extent that such content is visible to or accessible to any other Site or App visitors or users. By accepting these Terms, you agree not to contribute any UGC that could reasonably be considered to entail, contain, provide or promote any of the following: disclosure of another person’s personal information, the publication of which would violate federal or state law, or otherwise be construed as harassment;

Sexually explicit or pornographic content;
Profanity;
derogatory, discriminatory or hateful comments or incitements against specific individuals or groups based on race, national or ethnic origin, color, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered;
incitements to violence or other dangerous activities;
terrorism or other criminal activities;
insensitive or offensive comments related to natural disasters, atrocities, health crisis, deaths, conflicts or other tragic events;
harassment, bullying, or threats;
dangerous products, illicit drugs, or inappropriate use or sale of tobacco and/or alcohol;
spam;
false or misleading information or claims pertaining to products made available for purchase on the Services;
transactions in cryptocurrencies;
false medical-related claims or contents;
content that infringes intellectual property rights;
content that you are not authorized to, or don’t have a legal right to, share, post, or otherwise display; or
any other content that could be considered illegal, offensive or restricted under applicable laws or regulations.

You further acknowledge and agree that Special Sexual, in its sole discretion, may remove, block any UGC for any reason, in its sole discretion, including any UGC that it determines violate the above requirements. Posting UGC in violation of these Terms, may lead to the suspension or subsequent termination of your access to all or part of our Services. By accepting these Terms, you hereby acknowledge and agree to only post UGC that is appropriate for a family audience. You further acknowledge and agree that Special Sexual is not obligated to police or actively review UGC prior to its display on the Services, and that you are therefore solely responsible for the UGC you elect to post on the Services.

7. THIRD PARTY LINKS AND RESOURCES

The Services may contain links to third-party sites that are not owned or controlled by us. References on our Site and App to any names, marks, products or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services.

We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services, including, but not limited to, any third-party social media or mobile app platform with which the Services operate or otherwise interact. The Company is not responsible for the acts or omission of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk and will be governed by such third party’s terms and policies (including its privacy policies). We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Services by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.

8. ADDITIONAL APP TERMS.

8.1 App License. Application License. Subject to your compliance with these Terms, Special Sexual grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App a single devices (as defined below) that you own or control and to run such copy of the App solely for your own personal purposes.

8.2 Downloading the App from Google Play. If you accessed through or downloaded the App from the Google Play store, you may have additional license rights with respect to use of the App on a shared basis within your designated family group.

8.3 Downloading the App from the Apple App Store. If you accessed the App through or downloaded the App from the Apple App Store, you shall only use the App (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple Media Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via Apple’s Family Sharing function, volume purchasing, or Legacy Contacts function. In addition, the following applies if you accessed the App through or downloaded the App from the Apple App Store.

You acknowledge and agree that (i) these Terms are concluded between you and Special Sexual only, and not Apple, and (ii) Special Sexual, not Apple, is solely responsible for the App or content thereof. Your use of the App must comply with the App.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between Special Sexual and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Special Sexual.
You and Special Sexual acknowledge that, as between Special Sexual and Apple, Apple is not responsible for addressing any claims you have or of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Special Sexual acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringe that third party’s intellectual property rights, as between Special Sexual and Apple, Special Sexual, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
You and Special Sexual acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App against you as a third-party beneficiary thereof.
Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App.

9. TEXT MESSAGING PROGRAM

GENERAL TERMS & DISPUTES. WITHOUT LIMITATION OUR TEXT MESSAGING PROGRAM IS SUBJECT TO THESE COMPLETE TERMS, WHICH CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED (SEE LEGAL DISPUTES AND ARBITRATION AGREEMENT SECTION BELOW), INCLUDING AN OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US, INCLUDING WITHOUT LIMITATION, ANY CLAIMS RELATING TO TEXT MESSAGES YOU RECEIVE FROM US, TO BINDING ARBITRATION, UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE ARBITRATION SECTION BELOW.

9.1 Enrollment. You must expressly opt in to Special Sexual’s text messaging program (the “Program”) to receive Program messages. By enrolling, you expressly consent to receive recurring SMS and MMS messages from Special Sexual at the telephone number you designated, including advertising, marketing, news, updates, and other information from or on behalf of Special Sexual. You acknowledge and agree that Program messages may be sent using an automatic telephone dialing system, another automated system for the selection and dialing of telephone numbers, or any other messaging technology. Your consent to participate in our Program is not required (directly or indirectly) as a condition of purchasing any property, goods, or services and it is not required to use our Site, App, or Services.

9.2 Message Frequency. Program message frequency varies and we may change the frequency of the messages you receive at any time, including in response to your interactions with us.

9.3 Getting HELP. For Program support or assistance, text the keyword HELP to the short code or number from which you currently are receiving our text messages, respond with the keyword HELP to any message you receive from our Program, or email specialsexual01@outlook.com.

9.4 Opting Out. You can opt out from receiving SMS/MMS text messages through our Program by responding with the keyword STOP to any message you receive from our Program, or just texting STOP to the short code or number from which you currently are receiving our text messages. In either case, you will receive one additional message confirming that your request has been processed. Please note that we may change any short code or telephone number we use to operate the Program at any time with notice to you. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and that we will not be responsible for honoring such requests.

9.5 Your Own Wireless Plan. Message and data rates may apply for any messages sent to and by you. If you have any questions about your text plan or data plan, contact your wireless provider.

9.6 Your Duties for Your Own Phone Number. If you enroll in the Program, you represent that you are the account holder or customary user for the mobile telephone number that you provide when enrolling in our text messaging program. If you change or deactivate that number, you are responsible for notifying us at Privacy Center immediately. The Program is offered on an “as-is”, “as-available” basis and may not be available in all areas or at all times and may not be supported by all wireless carriers. Neither we, our vendors, T-Mobile, and/or any other wireless carrier is liable for failed, delayed, misdirected, or undelivered messages.

9.7 Participation Subject to Termination or Change. If you enroll in Special Sexual’s Program, we may suspend or terminate your receipt of automated marketing messages from us if we believe you are in breach of these Terms. Your receipt of these messages is also subject to termination if your mobile telephone service terminates or lapses. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of these messages, with or without notice to you.

10. EVENTS BEYOND OUR CONTROL

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the Terms or other contracts when caused by events that are beyond our reasonable control ( “Force Majeure” ). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

Strike, lockout, or other forms of protest.
Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic, or any other natural disaster.
Inability to use trains, ships, aircraft, motorized transport, or other means of transport, public or private.
Inability to use public or private telecommunication systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Strike, failure, or accident in maritime or river transport, postal transport, or any other type of transport.

It shall be understood that our obligations deriving from the Terms or other contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time the Force Majeure lasted. We will provide all reasonable resources to end the Force Majeure to the extent we can or to find a solution that enables us to fulfil our obligations under the Terms despite the Force Majeure.

11. Limitation of Liability

11.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL SHEIN BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, LOSS OF BUSINESS OR MANAGEMENT TIME, BUSINESS INTERRUPTION, LOSS OF INCOME OR SALES, OPERATING LOSS, LOSS OF PROFITS OR CONTRACTS, LOSS OF FORECAST SAVINGS, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT SHEIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR THIRD-PARTY SELLERS OF THE SERVICES, ON ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION SUCH DAMAGES FROM: (A) THE USE OR INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED THROUGH THE SERVICES; (C) UNAUTHORIZED ACCESS TO, LOSS OF, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SERVICES; OR (E) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

11.2 Cap on Liability. UNLESS EXPRESSLY STATED OTHERWISE IN THESE TERMS, TO THE FULLEST EXTENT PROVIDED BY LAW, Special Sexual WILL NOT BE LIABLE TO YOU ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY PRODUCT PURCHASED ON THE SERVICES FOR MORE THAN THE PURCHASE PRICE OF SUCH PRODUCT. FOR ALL OTHER CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, UNLESS EXPRESSLY STATED OTHERWISE IN THESE TERMS, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL Special Sexual’S LIABILITY TO YOU EXCEED $100.

11.3 Exclusions. THE LIMITATIONS OF LIABILITY AND DISCLAIMERS OF DAMAGES IN THIS SECTION 11 SHALL NOT APPLY TO Special Sexual’S LIABILITY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY SHEIN’S NEGLIGENCE; OR (ii) ANY INJURY CAUSED BY Special Sexual’S FRAUD OR FRAUDULENT MISREPRESENTATION. IN ADDITION, CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

11.4 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Special Sexual AND YOU.

12. DISCLAIMERS OF WARRANTIES

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF Special Sexual TO YOU.

12.1 Listing Information is provided “as is”. Due to the open nature of the Services and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of the Services, unless otherwise indicated expressly on the Services. All product descriptions, information and materials shown on the Services are provided “as is”, with no express or implied warranties or conditions of the same, except those that may not be excluded by applicable law.

12.2 Products Sold by Special Sexual. If you purchase a product sold by Special Sexual on the Services, Special Sexual is obliged to deliver such product in conformity with the mutually intended transaction, in accordance with commercial reasonable expectations, being liable to you for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the transaction or intended purchase if they: (i) comply with the description given by us and possess the qualities that we have presented in this Site; (ii) are fit for the purposes for which goods of this kind are normally used; and (iii) show the quality and performance which are normal in goods of the same type and which can reasonably be expected.

TO THE FULLEST EXTENT PERMITTED BY LAW, Special Sexual HEREBY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND CONDITIONS (WHETHER EXPRESS OR IMPLIED) WITH RESPECT TO PRODUCTS SOLD BY Special Sexual, EXCEPT THOSE THAT MAY NOT BE EXCLUDED BY LAW.

12.3 Products of Third-Party Sellers. Special Sexual does not make any warranties regarding products that are OFFERED OR sold by Third-Party Sellers. Special Sexual EXPRESSLY DISCLAIMs ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND WITH RESPECT TO ANY PRODUCTS OFFERED OR SOLD BY THIRD-PARTY SELLER, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If you buy a product that is sold by a Third-Party Seller, you assume, agree and understand that you bear all of the risks in purchasing such product via the Services. WITHOUT LIMITING THE FOREGOING, SHEIN MAKES NO WARRANTY THAT ANY PRODUCTS OFFERED OR SOLD BY THIRD-PARTY SELLERS WILL MEET YOUR REQUIREMENTS, BE DELIVERED IN A TIMELY MANNER, OR BE IN THE CONDITION DESCRIBED IN THE PRODUCT’S LISTING. Special Sexual MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH PRODUCTS.

12.4 Services Provided “As-Is”. BY USING THE SERVICES, YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE ARE PROVIDING THE SERVICES, INCLUDING THE SITE AND APP, ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND RELATING TO THE SERVICES, INCLUDING ANY WARRANTY OR CONDITION OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, LEGALITY, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE. WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.

12.5 Exclusions. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

13. LEGAL DISPUTES AND ARBITRATION AGREEMENT FOR USERS IN THE UNITED STATES

PLEASE READ THE FOLLOWING CLAUSES CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT

13.1 Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Special Sexual agree that any disputes, claims, disagreements arising out of or in any way related to your access to or use of the Site, Application, Services or prior versions of the Agreement and the Agreement, including claims and disputes between us arising prior to the effective date of this Agreement (each a "Dispute "), will be resolved by binding arbitration and not in court, except that (i) you and Special Sexual may bring a claim or seek relief if such claim qualifies and remains in small claims court; (ii) you and Special Sexual may file a claim for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents) in court.

13.2 Waiver of Jury Trial. YOU and Special Sexual hereby waive any constitutional and statutory right to sue in court and to a trial before a judge or jury. You and Special Sexual elect that all disputes shall be resolved by arbitration in accordance with this Arbitration Agreement, except as otherwise provided in the paragraph entitled "Applicability of Arbitration Agreement" above. There will be no judge or jury in the arbitration, and the court's review of the arbitration award will be subject to very limited review. Discovery may be limited in arbitration and the process is more streamlined than in court.

13.3 Class Action Waiver. You and Special Sexual agree that, except as set forth in the paragraph entitled "Bulk Arbitration" below, each of us may bring claims against the other party solely on an individual basis and not on a class, representative or collective basis, and each party hereby waives all rights to bring, hear, manage, resolve or arbitrate any dispute on a class, collective, representative or collective action basis. all rights to bring, hear, manage, resolve or arbitrate any dispute on a class, collective, representative or class action basis. individual relief only, and disputes of more than one customer or user cannot be arbitrated or consolidated with disputes of any other customer or user. The arbitrator may grant declaratory or injunctive relief under this arbitration agreement only in favor of the party seeking relief, and only to the extent necessary to provide the relief secured by that party's individual claim. To the extent permitted by law, no dispute is entitled or authorized to arbitration as a representative action or private attorney general action, including, but not limited to, claims brought under the Private Attorneys General Act of 2004, Cal. Lab. Code § 2698 et seq. This means that you may not seek relief in arbitration on behalf of any other party. Notwithstanding anything to the contrary in this Arbitration Agreement, if the Court decides by final decision and is not bound by any further appeal or recourse, the limitations in this paragraph of the Class Action Waiver are invalid or unenforceable as to the particular claim or request for relief (such as a request for public injunctive relief), and you and Special Sexual Sexual agree that such particular claim or request for relief (and only such particular claim or request for relief) shall be severed from the arbitration and shall be identified by the Court in paragraph 13.11 below. All other disputes shall be arbitrated or litigated in small claims court. This paragraph does not preclude you or Special Sexual from participating in a class-wide settlement of claims.

13.4 Informal Dispute Resolution. You and Special Sexual agree to attempt to resolve any disputes informally before resorting to arbitration. Accordingly, you and Special Sexual agree that before either party begins arbitration against the other (or if a party chooses to litigate in small claims court), we will meet in person and confer by telephone or video conference in a good faith effort to resolve any dispute covered by this arbitration agreement informally ("Informal Dispute Resolution Meeting "). If you are represented by an attorney, your attorney may attend the meeting, but you will also attend the meeting. The party initiating the dispute must notify the other party in writing of its intent to initiate an Informal Dispute Resolution Conference ("Notice"), which shall be given within 45 days of the other party's receipt of such Notice, unless the parties agree to an extension by the parties. Notice to Special Sexual of your intent to initiate an informal dispute resolution meeting should be sent by email to specialsexual01@outlook.com. Notice to you will be sent to the address below or to the email address associated with your account or to your public address or email address if you do not have an account with us. The notice must include (1) your name, telephone number, mailing address, and the e-mail address associated with your account, if you have one; (2) name, telephone number, and the mailing address and e-mail address of your attorney, if you have one; and (3) a description of your dispute. Informal dispute resolution conferences should be individualized, even if any party initiates the dispute, and even if the same law firm or group of law firms represents multiple users in similar cases, separate conferences must be held unless all parties agree; multiple individuals who initiate a dispute cannot participate in the same informal dispute resolution conference unless all parties agree. Participation in an informal dispute resolution conference is a prerequisite and requirement that must be met before arbitration can commence. When the parties participate in the informal dispute resolution conference process required by this section, the statute of limitations and any filing fee deadlines shall be calculated.

13.5 Arbitration Procedures. You and Special Sexual agree that this Arbitration Agreement affects interstate commerce and that the Federal Arbitration Act, 9 USC § 1 et seq. applies. If the informal dispute resolution process described above is not satisfactorily resolved within sixty (60) days of receipt of your notice, you and Special Sexual agree that either party shall have the right to final resolution of the dispute through binding arbitration. The arbitration will be conducted by JAMS. Disputes involving claims, counterclaims or requests for relief under $250,000, excluding attorneys' fees and interest, shall be subject to the most recent version of JAMS' Streamlined Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules -streamlined-arbitration/; all other disputes shall be subject to the most recent version of JAMS' Comprehensive Arbitration Rules and Procedures, available at available at http://www.jamsadr.com/rules-comprehensive-arbitration/. Arbitration of any dispute relating to your access to or use of the Site, Application or Services, and any products sold or distributed through the Site or Application primarily for personal, family or household purposes, shall also be subject to arbitration under JAMS' policy regarding the cost and other requirements for consumer arbitration under the minimum procedural fairness standards of the Pre-Dispute Clause, available at https://www. jamsadr.com/consumer-minimum-standards/. JAMS' rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is unable to arbitrate, the parties will choose another arbitration forum. Your responsibility to pay any JAMS fees and costs will be exactly as set forth in the applicable JAMS Arbitration Rules. In the event of a conflict between the JAMS Rules and this Arbitration Agreement, this Arbitration Agreement will control.

13.6 A party wishing to initiate arbitration must provide a request for arbitration ("Request") to the other party. The Request must include (1) the name, telephone number, mailing address, email address and account user name (if applicable) of the party seeking arbitration and the email address associated with any applicable account; (2) a description of the legal claims asserted and their factual basis; (3) a description of the remedy sought and an accurate, good faith dollar calculation of the amount in dispute; (4) a statement certifying completion of statement of the informal dispute resolution process described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. To initiate arbitration, you must send your request to Paracorp, 2140 S. DuPont Hwy Camden, DE 19934. If we initiate arbitration, we will send the request to the address or email address associated with your account, or to your public address or email address if you do not have an account with us. Each party shall bear its own attorneys' fees and costs of arbitration, unless the arbitrator finds that the substance of the dispute or the relief sought in the request is frivolous or for an improper purpose (as measured by the standards set forth in Federal Law) Rule of Civil Procedure 11(b)). Unless you and Special Sexual agree otherwise, or unless the bulk arbitration process discussed below is triggered, the arbitration will take place in the county in which you reside.

13.7 Batch Arbitration. To improve the efficiency of arbitration administration and resolution, you and Special Sexual agree that if one hundred (100) or more individual requests of a substantially similar nature are filed against Special Sexual by or with the assistance of the same law firm, law firm or group of organizations, within thirty (30) days (or as soon as possible thereafter), JAMS shall ( (1) group each lot of one hundred (100) requests (plus, if a smaller number of more than one hundred (100) requests remain after said lot is processed, the final lot containing the remaining requests); (2) appoint an arbitrator for each lot; and (3) provide that each lot shall be resolved as a single consolidated arbitration, with a set of filing and administrative fees for each party in each lot, a procedural calendar, a hearing (if any) at a location to be determined by the arbitrator determines, and a final award ("Bulk Arbitration"). The parties agree that claims are "substantially similar in nature" if they arise out of or relate to the same incident or factual scenario and raise the same or similar legal issues and seek the same or similar relief. If the parties disagree about the application of the bulk arbitration procedure, the disagreeing party shall notify JAMS, which shall appoint a sole arbitrator to determine the applicability of the bulk arbitration procedure (the "Administrative Arbitrator"). In order to expedite the resolution of any such dispute by the Administrative Arbitrator, the parties agree that the Administrative Arbitrator may establish such procedures as may be necessary to resolve any dispute expeditiously. The Administrative Arbitrator's fees shall be paid by Special Sexual. You and Special Sexual agree to work in good faith with JAMS to implement a bulk arbitration process, including payment of a single filing and administrative fee for bulk requests and any steps to minimize the time and cost of arbitration, which may include: (1) the appointment of a dedicated discovery master to assist the arbitrator in resolving discovery disputes; and (2) the adoption of a calendar to expedite the arbitration process.

13.8 Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any dispute, including, but not limited to, disputes arising out of or relating to the interpretation or application of the arbitration agreement, including the enforceability, revocability, scope or validity of the arbitration agreement or any part thereof, except (1) all disputes arising out of or relating to the paragraph entitled "Class Action Waiver." paragraph, including any claim that the same paragraph is unenforceable, illegal, void or voidable, or that such paragraph has been breached, shall be decided by a court of competent jurisdiction and not by the arbitrator; (2) except as expressly provided in the paragraph entitled "Batch Arbitration," all disputes concerning the payment of arbitration fees shall be decided solely by a court of competent jurisdiction. shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all disputes as to whether any party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all disputes as to the application of the version of the arbitration agreement shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the power to issue motions to decide all or part of the dispute. The arbitrator shall issue a written award and statement of decision stating the underlying findings and conclusions upon which the award is based, including the calculation of any damages awarded. The arbitrator's award shall be final and binding on you and us. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

13.9 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to specialsexual01@outlook.com within thirty (30) days after you first become bound by this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your account (if you have one), and a clear statement that you wish to opt out of this Arbitration Agreement. If you choose to opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this arbitration agreement will not affect any other arbitration agreements you may currently have with us or may have with us in the future. If the dispute is not covered by any arbitration agreement between you and us, it shall be heard in the court designated in paragraph 13.11 below.

13.10 Invalidity, Expiration. Except as provided in the paragraph entitled "Class Action Waiver," if any part or parts of this Arbitration Agreement are held to be invalid or unenforceable by law, then that particular part or parts shall be invalid and the remainder of the severed Arbitration Agreement shall continue in full force and effect. You further agree that any dispute between you and Special Sexual detailed in this Arbitration Agreement must be commenced by arbitration within the applicable statute of limitations for that claim or dispute or be forever barred. Likewise, you agree that all applicable statutes of limitations will apply to such arbitration in the same manner as those statutes of limitations would apply in an applicable court of competent jurisdiction.

13.11 Modification. Notwithstanding anything to the contrary in these Terms, we agree that if SHEIN makes any material changes to this arbitration agreement in the future, it will notify you. Unless you reject such changes by writing to SHEIN at Paracorp, 2140 S. DuPont Hwy Camden, DE 19934, within thirty (30) days of the effective date of such changes, your continued use of the Site, Application and/or Services, including acceptance of products and services offered on the Site or Application purchased after the posting of changes to this Arbitration Agreement By accepting any such changes, you accept any such changes. Changes to this Arbitration Agreement will not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and have not effectively opted out of arbitration. If you reject any changes or updates to this Arbitration Agreement and you are bound by the existing agreement to arbitrate a dispute arising out of or in any way related to your access to or use of the Services or the Site or Application, or these Terms, the provisions of this Arbitration Agreement remain in full force and effect as of the date you first accept the Terms (or accept any subsequent changes to these Terms). special Sexual will continue to honor any valid opt-out of your arbitration agreement with respect to prior versions of these Terms.

13.12 Governing Courts. To the extent that the Dispute is not covered by any arbitration agreement between you and us, it shall proceed before the state or federal courts located in Delaware (except for small claims court actions which may be brought in the county where you reside).

14. LEGAL TERMS

14.1 Assignment. You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without your prior written consent. Any attempted assignment or transfer that does not comply with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement is for the benefit of and binding on the parties and their respective legal representatives, successors and assigns.

14.2 Entire Agreement; No Waiver. Entire Agreement; No Waiver. These Terms, together with our Privacy Policy and any other legal notices and policies posted on the Site or Application, shall constitute the entire agreement between you and us with respect to the Services and supersede all prior terms, agreements, discussions and references to the Services. If any provision of these Terms is found to be unenforceable, that provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to assert any right or provision under this paragraph shall not constitute a waiver of such right or provision.

14.3 Electronic Communications. Communications between you and Special Sexual may occur electronically, whether you access the Services or send Special Sexual emails, or whether Special Sexual posts notices on the Services or communicates with you via email. For contractual purposes, you (a) agree to receive communications from Special Sexual in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures and other communications provided to you by Special Sexual electronically satisfy any legal requirement that such communications would satisfy if in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act, 15 USC §7001 et seq. ("Electronic Signatures").

14.4 Indemnification. You agree to indemnify us against all third party claims and expenses (including reasonable attorneys' fees) arising out of or related to (1) your use of the Services; (2) your conduct or interactions with other users of the Services (including any third party sellers); and (3) your violation of these Terms. We will promptly notify you of any such claim and will provide you with reasonable assistance (at your expense) in defending the claim. You will allow us to participate in the defense, and you will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter requiring indemnification by you. In such event, you will have no further obligation to defend us in this regard. Nothing herein shall require you to indemnify Special Sexual for any unreasonable business practices of Special Sexual or for Special Sexual's fraud, deception, false promises, misrepresentation or concealment, or concealment or omission of any material fact relating to the services provided under this Agreement.

14.5 Interpretation. In construing or interpreting the Terms, the headings are for convenience only and shall not be taken into account.

14.6 Applicable Law. These Terms and your use of the Services and products purchased through the Services shall be governed by the laws of the State of Delaware, consistent with federal arbitration law, without prejudice to any provision providing for the application of the laws of Delaware in another jurisdiction of principle. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

14.7 Consumer Complaints. Pursuant to California Civil Code §1789.3, you may report a complaint to the Complaint Assistance Unit of the California Department of Consumer Affairs, Division of Consumer Services, by written contact.

14.8 Exclusive Venue. To the extent this Agreement allows the parties to litigate in court, you and Special Sexual agree that all claims and disputes arising out of or relating to this Agreement will be litigated only in the state or federal courts located in California

14.9 Notices. If Special Sexual requests your email address, it is your responsibility to provide Special Sexual with a valid and current email address. If the email address you provide to Special Sexual is not valid, or if for any reason it is unable to send you any of the notices required by this Agreement, an email from Special Sexual containing such notices will still constitute a valid notice. You may give Special Sexual notice to Paracorp, 2140 S. DuPont Hwy Camden, DE 19934, and such notice shall be deemed given when Special Sexual's agent receives the Process Service.

14.10 Severability. If any portion of this Agreement is held to be invalid or unenforceable, that portion must be construed in a manner that reflects, to the extent possible, the original intent of the parties and the remaining portions must remain in full force and effect.

14.11 Export Controls. You may not use, export, import or transfer the Services except as authorized by the laws of the United States, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) to any jurisdiction embargoed by the United States (currently Cuba, Iran, North Korea, Syria and Crimea, the so-called Donetsk People's Republic, and the so-called Luhansk People's Republic), or (b) to any governmental prohibited or restricted party list (including, but not limited to, the U.S. Treasury Department's Specially Designated Nationals and Blocked Persons List or the Foreign Sanctions Evaders List) or Foreign Sanctions Evaders List of the U.S. Department of the Treasury or the Denied Persons List or Entity List of the U.S. Department of Commerce). By using the Services, you represent and warrant that (i) you are not located in a country or territory that is subject to a U.S. government embargo or designated by the U.S. government as a "state sponsor of terrorism" and (ii) you are not listed on any governmental prohibited or restricted party list or 50% or more of your shares are owned or otherwise controlled by a designated person. You also may not use the Services for any purpose prohibited by U.S. or other applicable law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons proliferation. You acknowledge and agree that the products, services or technology provided by Special Sexual are subject to the export control laws and regulations of the United States and other applicable jurisdictions.

15. NOTICE OF INTELLECTUAL PROPERTY INFRINGEMENT

15.1 Notice Requirements

When we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material on or linked to by the Services infringes your copyright, trademark or other intellectual property rights, please submit your complaint through our online intellectual property complaint portal. Alternatively, you may send a notice of claimed infringement to specialsexual01@outlook.com with the subject line "Takedown Request". Any such notice must include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the IPR that is allegedly infringed.
Identification of the intellectual property being infringed, including, if available, the corresponding registration number and the corresponding country of registration.
Identification of the material claimed to be infringing, including information regarding the location of the infringing material on the website or application, with sufficient detail so that Special Sexual can locate it.
If a design patent is involved, identify the design patent you claim is being infringed and the registration number.
If a utility model patent is at issue, identify the utility model patent that you claim has been infringed and the court order or judgment that supports your claim.
Your full legal name, corporate affiliation (if any), mailing address, telephone number, and e-mail address.
You represent that you have a good faith belief that use of the allegedly infringing material is not authorized by the IP owner, its agent, or the law.
You represent, under penalty of perjury, that the information in your notice is accurate and that you are the IP owner or are authorized to act on behalf of the IP owner.

Upon receipt of such notice, we reserve the right to remove or disable access to the Material or disable any link to the Material; to notify the alleged infringer that we have removed or disabled access to the applicable Material; and to terminate access to and use of the Services by any user or third party seller who repeatedly infringes the intellectual property rights of Special Sexual or others, or as otherwise provided in this Agreement or our policies.

15.2 Counter Notice Requirements

If you believe that material you have posted to the Services has been removed or access has been disabled by mistake or misidentification, you may submit a counter-notice to us by submitting a written notice to our designated copyright agent above. Under the Digital Millennium Copyright Act ("DMCA"), your notice must include the following:

Your physical or electronic signature.
Identification of the material that has been removed or access to which has been disabled, and the location where the material appeared before it was removed or access to it was disabled.
Adequate information that we can use to contact you (including your name, mailing address, telephone number, and e-mail address).
A statement, under penalty of perjury, that you have a good faith belief that the above material has been removed or disabled due to a mistake or misidentification of the material to be removed or disabled.
A statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if you reside outside the United States, for any judicial district in which service may be found) and that you will accept service from the person who provided the complaint to Special Sexual (or that person's agent).

Removed materials may be replaced or access to them may be restored within 10 to 14 business days after the counter-notice is processed, unless the party claiming infringement has filed suit against you. Please note that you may be liable for damages or penalties (including costs and attorneys' fees) if you falsely claim that the material is not infringing. special Sexual reserves the right to reject any counter-notice submitted in bad faith.

16. CONTACT US

We welcome your questions and comments regarding our privacy practices or these Terms. You may contact us at any time by email at specialsexual01@outlook.com. Customer service inquiries should be made through our customer service platform.

17. INTERNATIONAL USERS.

The Services are available to users in the United States and products sold on the Services are sold only to users located in the United States Special Sexual makes no representation that the Services are available or available for use in other locations. Those who access or use the Services from other countries do so on their own initiative and are responsible for compliance with local laws.

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