Terms of Service & Privacy Policy

Terms of Service

Last Updated: July 6, 2022

Section 230(d) Notice: In accordance with 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms.Age Restriction: Only adults (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access the Website. The Operator forbids all persons who do not meet these age requirements from accessing the Website. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products, which the Operator provides for informational purposes only and does not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.

Notice of Explicit Content: The Website contains content that you may find offensive, indecent, or objectionable, including heterosexual, bisexual, homosexual, and transsexual situations of a sexual nature. This content may or may not be identified as having attributes that you may find offensive. You acknowledge that you use the Website at your own risk, and the Operator has no liability to you for any content you view. Content categories, tags, types, genres, and descriptions are provided by users, and the Operator does not guarantee their accuracy.

1. Acceptance of Agreement. This is an agreement between Lady Fyre (the “Operator”), the owner and operator of ladyfyre.com (the “Site”), and you, a user of the Site. By using Site you agree to this agreement. If you choose to not agree with this agreement, you must not use the Site.The merchant of service for payment processing is Andomark LLC

2. Changes to Agreement

2.1 Right to Change Agreement. The Operator may change this agreement (the “Updated Agreement”) on one or more occasions.2.2Notice of Updated Agreement. Unless the Operator makes a change for legal or administrative reasons, the Operator will provide reasonable notice before the Updated Agreement becomes effective. You acknowledge that the Operator may notify you of the Updated Agreement by posting it on the Site.

2.3 Acceptance of Updated Agreement. Your use of the Site after the effective date of the Updated Agreement constitutes your agreement to the Updated Agreement. You should review this agreement and any Updated Agreement before using the Site.

2.4 Effective Date of Updated Agreement. The Updated Agreement will be effective as of the time of posting, or any later date as may be stated in the Updated Agreement, and will apply to your use of the Site from that point forward, except that changes will not apply to continuing disputes or disputes arising out of or relating to events happening before the effective date of the Updated Agreement.

3. Use of Site

3.1 License. During this agreement, the Operator hereby grants you a nonexclusive, nontransferable license to access the Site for your use in accordance with this agreement. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site.3.2 Intellectual Property Rights. The Site and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by the Operator, its licensors, or other provides of the material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

3.3 Trademarks. The Operator’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Operator or its affiliates or licensors. You will not use these marks without the Operator’s written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

3.4 User Conduct You will not engage in any of the following prohibited activities:

(a) copying, distributing, or disclosing any part of the Site in any medium, including by any automated or nonautomated “scraping;”(b) using any automated system, including “robots,” “spiders,” “offline readers,” etc., to access the Site;

(c) transmitting spam, chain letters, or other unsolicited email;

(d) attempting to interfere with, comprise the system integrity or security, or decipher any transmissions to or from the servers running the Site;

(e) taking any action that imposes, or may impose at the Operator’s sole discretion an unreasonable or disproportionately large load on the Site infrastructure;

(f) uploading invalid data, viruses, worms, or other software agents through the Site;

(g) collecting or harvesting any personally identifiable information, including account names, from the Site;

(h) using the Site for any commercial solicitation purposes;

(i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;

(j) interfering with the proper working of the Site;

(k) accessing any content on the Site through any technology or means other than those provided or authorized by the Site; or

(l) bypassing the measures the Operator may use to prevent or restrict access to the Site, including features that prevent or restrict use or copying of any content or enforce limitations on use of the service or the content in it.

4. Your Account

4.1 Account Creation. You must complete the registration process by providing the Operator with accurate information as prompted by the applicable registration form. You also will choose a password and a username.4.2 Responsibility for Account. You are responsible for maintaining the confidentiality of your password and account. Further, you are responsible for all activities that occur under your account. You will promptly notify the Operator of any unauthorized use of your account or any other breach of security.

4.3 Liability for Account Misuse. The Operator will not be liable for any loss that may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by the Operator or another person due to someone else using your account or password.

4.4 Use of Other Accounts. You will not use anyone else’s account at any time, without the permission of the account holder.

4.5 Account Security. The Operator cares about the integrity and security of your personal information. But the Operator cannot guarantee that unauthorized persons will never be able to defeat the Site’s security measures or use any personal information you provide to the Operator for improper purposes. You acknowledge that you provide your personal information to the Operator at your own risk.

5. Paid Services

5.1 Fees. The Operator may charge fees for access to the Site or to purchase various content. Some of the fees may be recurring and some may be one-time fees. In no event will you be charged for access to the Site or to purchase content unless the Operator obtains your advance agreement to pay for the charges. You will be told at the time of purchase whether the fees are one time or recurring. If the fees are recurring, your subscription will continue for the length of the initial term you select and will automatically renew for additional prepaid periods of the same length unless you cancel your subscription before it renews to avoid billing of the next term’s subscription fees to your payment method. You may cancel any recurring subscription at any time by contacting the payment processor your signed up through or by looking up your account at https://cs.segpay.com and changing the status to cancelled/expired or by providing the customer service department with the required information to cancel your membership. . Any fees will be posted prominently on the Site and in other appropriate locations on the Site.5.2 Rates. You will pay all fees and charges incurred through your account at the rates in effect for the billing period when they are incurred. You will be billed for and pay all fees and charges. You will pay all applicable taxes relating to use of the Site through your account.

5.3 Refunds. www.ladyfyre.com does not provide cash refunds. Account credit may be granted in the form of free monthly memberships, shopping credit for pay per view or pay per download purchases or credit that may be used for other services offered on the Website to resolve customer service issues. The billing system used by ladyfyre.com from our authorized agent SEGPAY provides extensive credit card fraud protection measures and features to protect users from accidental charges. Therefore, refunds to your credit card will be provided only under the rarest of circumstances such as persistent technical problems originating with our equipment.

6. Links. The Site may contain links to third-party websites or resources. You acknowledge that the Operator is not responsible or liable for: (1) the availability or accuracy of those websites or resources; or (2) the content, products, or services on or available from those websites or resources. Links to third-party websites or resources do not imply any endorsement by the Operator of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

7. Third-Party Content. Through the Site, you may have the ability to access or use content provided by third parties. The Operator cannot guarantee that this third-party content will be free of material you may find objectionable or otherwise. The Operator will not be liable for your access or use of any third-party content.

8. Privacy. For information about how the Operator collects, uses, and shares your information, please review the Privacy Policy. You acknowledge that by using the Site or the service you consent to the collection, use, and sharing (as set out in the Privacy Policy) of this information, including the transfer of this information to the United States for storage, processing, and use by the Operator.

9. Termination

9.1 Termination on Notice. Either party may terminate this agreement at any time by notifying the other party in writing.9.2 Termination by the Operator. The Operator may terminate or suspend your access to or ability to use the Site immediately, without notice or liability, for any reason or no reason, including breach of this agreement.

9.3 Effect of Termination. On termination of your access to or ability to use the Site, your right to use or access the Site will immediately end. Termination of your access to and use of the Site will not relieve you of any obligations arising or accruing before termination or limit any liability you otherwise may have to the Operator or any third party.

9.4 Survival of Provisions. This agreement’s provisions that by their nature should survive termination will survive termination, including ownership provisions, warranty disclaimers, and limitations of liability.

10. Disclaimers. The Site is provided “as is,” without any warranties of any kind. To the fullest extent permissible under applicable law, the Operator disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, noninfringement, accuracy, freedom from errors, suitability of content, or availability. No advice or information, whether oral or written, obtained from the Operator, the Site, or elsewhere will create any warranty not expressly stated in this agreement.

11. Limitation of Liability. To the fullest extent permitted by applicable law in no event will the Operator be liable for:

11.1 any direct, special, indirect, or consequential damages; or 11.2 any other damages of any kind, including loss of use, loss of profits or loss of data, whether in an action in contract, tort (including negligence), or otherwise, arising out of or in any way connected with the use of or inability to use the Site, including any damages caused by or resulting from reliance by user on any information obtained from the Site, or that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance.

12. Indemnification. You will defend, indemnify, and hold harmless the Operator, its subsidiaries, and affiliated companies, and their officers, directors, employees, contractors, and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Site. The Operator may assume the exclusive defense and control of any matter for which users have agreed to indemnify the Operator and you will assist and cooperate with the Operator in the defense or settlement of these matters.

13. Arbitration

13.1 Claim Procedure. For any dispute you have with the Operator, you will first contact the Operator and attempt to resolve the dispute informally. If the Operator has not been able to resolve the dispute with you informally, the parties will resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this agreement by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules then in effect for the AAA, except as provided in this agreement.13.2 Arbitration Location. Unless you and the Operator agree otherwise, the arbitration will be conducted in California, United States.

13.3 Arbitration Fees. Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA rules.

13.4 Arbitration Award. The award rendered by the arbitrator will include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

13.5 Injunctive Relief. Nothing in this section will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the service.

13.6 Class Action Waiver. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless the Operator agrees otherwise, the arbitrator will not consolidate more than one person’s claims.

13.7 Jury Trial Waiver. By entering into this agreement, you and the Operator are each waiving the right to a trial by jury or to participate in a class action.

14. Governing Law. California law, without giving effect to its principles of conflicts of law, governs all adversarial proceedings arising out of this agreement or arising out of your use of the Site.

15. No Child Pornography.

Any actual human beings depicted in images or videos appearing on the website located at ladyfyre.com were at least 18-years old at the time those images or videos were produced. We only publish images of consenting adults. If you see any images, real or simulated, depicting minors engaged in sexual activity within the Website, please report it to cs@elxcomplete.com immediately. All reports will be investigated and appropriate action will be taken along with cooperation with any law-enforcement agency investigation of child pornography. If you encounter unlawful activities involving minors on other Websites than this one, please report them to ASACP.

16. Billing. Billing is provided by:SEGPAY

Transactions will appear on statements as SEGPAY.COM*Andomark.com.

For billing inquiries, please visit https://cs.segpay.com

17. Feedback. The Operator welcomes any comment, question, and communication at cs@elxcomplete.com.

Privacy Policy

Last Updated: July 6, 2022

(PLEASE NOTE that this Privacy Policy only applies to users of ladyfyre.com/tour and ladyfyre.com/access. The landing page ladyfyre.com and all pages on ladyfyre.com/pages do NOT collect ANY personally identifiable information about any users. If you do not sign up for an account on my member site, then I have NO information about you. The only exception to this is if you fill out my custom clip form, in which case I have ONLY your IP address which is collected not by me but by the company which hosts that form.)

This privacy policy is current as of 2 September 2018 (the “Effective Date”) and is between Lady Fyre (the “Operator”), the owner and controller of the website at ladyfyre.com (the “Website”), and the users of the Website (each one, a “User”).By accessing the Website, the Users agree to this policy (the capitalized terms used in this policy, in addition to those above, being defined in section 13).

1. Information Collection

1.1 Information Operator Collects. The Operator may collect information that identifies Users when accessing the Website (collectively, “Information”), which includes

(a) user names, addresses, phone numbers, birth dates, billing and delivery information, email addresses, credit card information, and other financial account information (“Personally Identifiable Information”);(b) other information Users provide to the Operator but that does not identify Users personally, such as records of User visits, and information Users submit when using the Website;

(c) information from third parties; and

(d) traffic and usage information generated from User visits to the website, including traffic data and the type of device that Users use to access the Website.

1.2 Tracking Technologies Operator Uses. The Operator may use a variety of technologies to collect Information, including cookies, flash cookies, general log information, and referral information from third party websites.

2. Information Collection for Children

2.1 Website Not Intended for Children. The Operator does not

(a) intend that the Website or its content are used by anyone under the age of 18 or the age of majority if higher, or
(b) direct the Website or its content at anyone under the age of 18 or the age of majority if higher.

2.2 No Intentional Information Collection from Children. The Operator will not,

(a) intentionally collect or solicit any Information from anyone under the age of 18 or the age of majority if higher, or
(b) allow people under the age of 18 (or the age of majority if higher) to register for the Website.

2.3 In Case of Unintended Collection. If the Operator learns from any Person that it has collected Information from anyone under age 18 or the age of majority if higher, the Operator will promptly delete that Information.

3. How Operator Uses Information. The Operator may use the Information it collects to

3.1 provide, operate, maintain, improve, and promote the Website;3.2 enable Users to access and use the Website, including downloading and streaming content;

3.3 process and complete transactions and send Users related information, including purchase confirmations and invoices;

3.4 send transactional messages, including responding to User comments, questions, and requests, providing User service and support, and sending Users technical notices, updates, security alerts, and support and administrative messages;

3.5 send promotional communications, such as providing Users with information about services, features, newsletters, offers, promotions, contests, and events;

3.6 monitor and analyze trends, usage, and activities in connection with the Website and for marketing or advertising purposes;

3.7 investigate and prevent fraudulent transactions, unauthorized access to the Website, and other illegal activities; and

3.8 personalize the Website content, features, or advertisements.

4. Information Advertising and Sharing

4.1 Advertising and Cookies

(a) Third-Party Advertising and Cookies. The Operator may permit third-party advertising partners to deliver ads to Users and use cookies on the Website.(b) Policy Does Not Cover Third-Party Advertisers. This policy does not cover third-party advertising partners’ use of cookies, which is subject to the third-party advertising partners’ own privacy policies.

(c) Use of Cookies. The Operator may, and may permit third-party advertising partners, to use cookies to

(i) recognize a User’s computers;(ii) send online advertisements to Users; and

(iii) compile Information about a User’s, and other’s, use of its computer.

4.2 Service Providers. The Operator may share Information with third-party service providers it employs to perform functions and provide services for the Operator and the Website, subject to the terms of this policy, and only to the extent necessary

(a) to process payments;(b) to prevent, detect, and investigate fraud or other prohibited activities;

(c) to facilitate dispute resolution, such as chargebacks or refunds; and

(d) for other purposes associated with the acceptance of credit or debit cards.

4.3 Credit and Debit Card Information. The Operator may share User credit or debit card numbers with third-party payment services providers or card networks, only to the extent necessary to monitor card transactions at participating merchants and track redemption activity for the purposes of providing card-linked services.

5. User Settings. The Operator will provide Users the ability to exercise certain controls and choices regarding the Operator’s collection, use, and sharing of User information, to the extent required by Law, which might include a User’s ability to

5.1 correct, update, and delete account information;5.2 change choices for subscriptions and newsletters;

5.3 choose whether or not to receive offers from the Operator; and

5.4 choose whether the User receives targeted advertising from the Operator or third-party advertising partners.

6. Accessing and Correcting User Information

6.1 Opportunity to Correct Contact Information and Preferences. The Operator will provide Users with the opportunity to ensure that contact information and preferences are accurate, complete, and up to date, through each User’s account, accessible from www.ladyfyre.com.6.2 Opportunity to Request Corrections and Deletions. Subject to section 6.3 (Discretion Over Corrections and Deletions), the Operator will provide Users with the opportunity to request that the Operator

(a) correct inaccurate Personally Identifiable Information the Operator holds, and(b) delete Information the Operator is not required to retain by Law or for legitimate business purposes.

6.3 Discretion Over Corrections and Deletions. The Operator will have the sole discretion to adhere to or decline User requests to correct or delete Information that are frivolous or vexatious, jeopardize the privacy of others, are extremely impractical, or for which are not otherwise required by Law.

7. California Privacy Rights

7.1 Additional Rights for California Residents. If a User is a California resident, the User may have certain additional rights, including

(a) the right to request information regarding the disclosure of your personal information by the Operator to third parties for the third parties’ direct marketing purposes, under California Civil Code Section 1798.83; and(b) the right for Users who are minors to request and obtain deletion of certain posted content, under California Business and Professions Code Section 22581.

7.2 Information Made Available. The Operator will make information regarding California privacy rights available to Users who send a written request to the Operator by email at Olivia@LadyFyre.com.

8. No Security Guarantees. The Operator does not guarantee against all unauthorized disclosure, alteration, or destruction or Information.

9. Changes to Policy

9.1 Discretion to Make Changes. The Operator may change this policy at its discretion.

9.2 Notice of Changes. The Operator will provide reasonable notice of any changes on the Website.

9.3 Acceptance of Changes. Users’ continued use of the Website after notice of the changes has been posted to the Website will be deemed acceptance of the changes, if

(a) a reasonable time has passed in which Users could review the changes, but(b) regardless as to whether the User actually did review the changes.

10. Links to Other Websites. The Operator will not be responsible for the content on or privacy practices of third-party sites linked to or from the Website.

11. International Users. This policy is intended to cover collection of information on or through the Website from residents of United States. If you are visiting the Website from outside United States, please be aware that your information may be transferred to, stored, and processed in the United States of America where the Operator’s servers are located, and the Operator’s central database is operated. The data protection and other laws of United States and other countries might not be as comprehensive as those in your country. Please be assured that the Operator seeks to take reasonable steps to make sure that your privacy is protected. By using the Website, you acknowledge that your information may be transferred to the Operator’s facilities and those third parties with whom the Operator shares it as described in this policy. When you provide personal information to the Operator through the Website, you consent to the processing of your data in, and the transfer of your data to, United States, the United States of America, or any other country in which the Operator or its service providers host these services.

12. Contact. Users may contact the Operator at Olivia Fyre by email at Olivia@LadyFyre.com.

13. Definitions

13.1 “Effective Date” is defined in the introduction to this policy.

13.2 “Information” is defined in section 1.1.

13.3 “Law” means

(a) any law (including the common law), statute, bylaw, rule, regulation, order, ordinance, treaty, decree, judgment; and(b) any official directive, protocol, code, guideline, notice, approval, order, policy, or other requirement of any government authority having the force of law.
13.4 “Personally Identifiable Information” is defined in section 1.1(a).

13.5 “User” is defined in the introduction to this policy.

13.6 “Website” is defined in the introduction to this policy.

14. Legal basis for processing your personal information – EEA visitors/customers If you are located in the European Economic Area (“EEA”), our legal basis for personal data collection and use as described above depends on the purpose for which the information is collected. With the exception of data collected for web site functionality and error reporting, we normally collect personal information only when we have a customer’s consent and the information is provided to us directly from you, as needed in order for us to perform based on a contract with you, to provide services where processing is in our legitimate business interests or when we have a legal obligation to collect personal information.

This includes personal information used for creation of your customer account, which is mandatory and the consequence of not providing this information is not being able to use our services. If you have questions about or need further information concerning the data we collect, use of this data, retention of this data or the legal basis on which we collect and use your personal information, please contact us at Olivia@LadyFyre.com

15. Personal Data and Information Retention Email addresses associated with product demo requests are purged/removed from the system automatically after 30 days. Software customers’ digitally signed product license agreements, merchant terms of service agreements and payment processing terms of use agreement data consisting of name job title and IP address is purged/removed from the system automatically after 6 years of inactivity.

Customer account data which consists of contact name, email address, business name and purchase history is stored indefinitely unless a customer requests removal of this data. Email addresses used for product newsletters are stored until a user opts-out by requesting removal by emailing Olivia@LadyFyre.com or clicking a link to “unsubscribe” in any email received. Data related to software error reporting consisting of IP address, browser cookie values, user agent, server-state variables, user name and password is automatically purged/removed after 7 days. Data related to payment extensions consisting of customer ID and notes left by customer are purged/removed after 24 hours. Post data for PayPal payments are purged/removed after 3 days. Support ticket information is deleted 90 days after the ticket is resolved and status is marked as closed. Support ticket accounts are purged/removed automatically for any account that has not had activity in over 12 months.

16. Information Removal Requests To request that your information be deleted, please contact us at Olivia@LadyFyre.com. Again, unless you sign up FOR AN ACCOUNT ON MY MEMBER SITE, I do NOT have any personal information from you which *I* can delete.

17. Contact Information To ask questions or comment about this policy and the Company’s privacy practices, contact the Company at Olivia@LadyFyre.com.