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THE SITE IS NOT INTENDED FOR CHILDREN. IF YOU ARE UNDER 18 YEARS OF AGE OR THE APPLICABLE AGE OF MAJORITY IN YOUR JURISDICTION, THEN YOU MAY NOT ACCESS OR USE THE SITE AT ANY TIME OR IN ANY MANNER. BY USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THE APPLICABLE AGE OF MAJORITY IN YOUR JURISDICTION AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE.
ILF or an Affiliate may modify, alter, or otherwise update the Terms at any time. Such modifications shall be effective immediately upon posting. You are responsible for regularly reviewing the Terms. Your continued access to and/or use of the Site constitutes Your agreement to all such modifications.
The contents of the Site are intended for the personal, noncommercial use of its users. All materials published on the Site (other than User Content) (including, but not limited to articles, comments, text, photographs, images, illustrations, product descriptions, audio, video, software, trademarks, logos and other materials found on the Site (collectively, the “ILF Content”) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by ILF or its licensors, software or other materials. ILF grants You a limited, personal, non‐exclusive, non‐transferable, freely revocable license to access and/or use ILF Content and ILF Technology that is on the Site for Your personal use as a part of the Fleshlight Community. Furthermore, ILF grants You a limited, personal, non‐ exclusive, non‐transferable, freely revocable license to Transmit ILF Content provided on Fleshlight Videos and the Forum via the ILF Technology provided in these sections of the Site.
You may not use the Site for any other purpose without ILF’s express prior written consent, including, without limitation, any commercial purpose. For example, You may not and may not authorize any other person or entity (“Person”) to (i) take ILF Content from the Site and reformat and display said ILF Content, or mirror and/or frame any pages of the Site or any portion thereof on any other website (whereby the Site or a portion thereof will appear on a user’s screen with a portion of another website, or with content or advertising of any Person without ILF’s prior written consent); (ii) use the Site to increase traffic to Your website for commercial reasons, such as advertising or sales; (iii) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; (iv) “scrape” the Site, or use any bot, spider, scraper, data miner, or automated agent to access and/or or use the Site or gain access to and/or use any ILFContent on the Site; or (v) Co-brand the Site or any portion thereof. “Co-branding” means the display of a name, logo, trademark, or other means of attribution or identification of any Person in such a manner reasonably likely to give a user of the website the impression that such the Person is associated or affiliated with ILF, or has the right to display, publish, transmit or distribute the Site or content accessible within the Site. In addition, You may not and may not authorize any Person to link to any part of the Site without ILF’s prior written consent. You agree to cooperate with ILF in causing any unauthorized activity set forth above to immediately cease. You may not take any action that violates the Terms. Furthermore, You may not, under any circumstances, (a) modify the information on the Site or use it for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble the information; (c) remove any copyright, trademark registration, or other proprietary notices from the information; or (d) transfer the information to another Person. In addition, you may not use any meta tags or any other “hidden text” utilizing ILF’s or its licensor’s name or trademarks without the express prior written consent of ILF.
Illegal and/or unauthorized uses of the Site, including collecting Customer and/or Membership Data, or other personally identifiable information of Customers and/or Members by electronic or other means, or the sending unsolicited e-‐mail, unauthorized framing of or linking to the Site, or any other use not expressly permitted in the Terms will be investigated, and legal action may be taken, including, without limitation, termination of Your Customer Account, Fleshlight Video Account, and/or Forum Membership, as well as civil, criminal, and injunctive redress. In addition to the above restrictions, You may not authorize, enable, or otherwise grant to any other person, organization, company, or business access to Customer Account, Fleshlight Video Account, and/or Forum Membership or other Content posted on or through the Site for the purpose of extracting such information.
You acknowledge that if You violate this provision of the Terms, in addition to all other remedies available to ILF, we will be entitled to liquidated damages in the amount of $50,000. You agree and acknowledge that these liquidated damages are a fair and accurate estimate of ILF’s actual damages resulting from a breach of this provision and shall not be construed as penalty or punitive damages against you.
All messages transmitted to ILF or the Site will be readily accessible to the general public. You should not use the Site to transmit any communication, which You intend only the intended recipient(s) to read. Notice is hereby given that any and all messages and videos uploaded to the Site can and may be read and/or viewed by the operators of the Site and others who have access to the Site, regardless of whether or not the operators or community are the intended recipients of such messages.
If You believe that the content of any Submission provided by You, or any Content appearing on the Site, has been used on a Site in a manner that constitutes copyright infringement, please provide our Copyright Agent with a written notice (email is sufficient) in accordance with our DMCA Policy.
Fleshlight Videos allows all Users to access and Transmit Content via ILF Technology. In order to Transmit User Content to Fleshlight Videos, You must become a Fleshlight Videos Member by creating a Fleshlight Videos Account. In order to create a Fleshlight Videos Account, You will be required to provide personally identifiable information including, without limitation, Your email address and gender and will have the option to add additional personally identifiable information to Your Fleshlight Videos Member profile. You may select any username that you like, except that your username may not be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark or person, or a term that is deemed offensive at the discretion of ILF or the Fleshlight Community. You may, but are not obligated to, use Your own name. If You do use Your own name, You consent to it being passed to other Fleshlight Videos Members. ILF reserves the right to reject or remove any username, Fleshlight Video Account, and/or Fleshlight Videos Member at the discretion of ILF. In creating a Fleshlight Videos Account, You assert that the information You provide is current, true, and accurate. You may not impersonate someone else (e.g., adopt the identity of someone else), create an account for anyone other than Yourself, provide an email address other than Your own, or create multiple Fleshlight Videos Accounts. ILF reserves the right to deny You access to the Site at any time without notice for any reason.
You are solely responsible for any and all use of Your Fleshlight Videos Account. You are solely responsible for the confidentiality and security of Your Fleshlight Videos username and password. You agree to immediately notify ILF of any actual or suspected breach of security or unauthorized use of Your Fleshlight Videos Account.
In order to gain access to and/or use the Forum, You must become a Forum Member by creating a Forum Membership. In order to create a Forum Membership, You will be required to provide personally identifiable information including, without limitation, Your email address and will have the option to provide/add additional personally identifiable information to Your Forum Member profile. You may select any username that You like, except that Your username may not be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark or person, or a term that is deemed offensive at the discretion of ILF or the Fleshlight Community. You may, but are not obligated to, use Your own name. If You do use Your own name, You consent to it being passed to other Forum Members. ILF reserves the right to reject or remove any username and/or Forum Member at the discretion of ILF. In creating a Forum Membership, You assert that the information You provide is current, true, and accurate. You may not impersonate someone else (e.g., adopt the identity of someone else), create an account for anyone other than Yourself, provide an email address other than Your own, or create multiple Forum Memberships. ILF reserves the right to deny You access to the Site at any time without notice for any reason.
You are solely responsible for any and all use of Your Forum Membership. You are solely responsible for the confidentiality and security of Your Forum username and password. You agree to immediately notify ILF of any actual or suspected breach of security or unauthorized use of Your Forum Membership.
Unless otherwise noted, all Content on the Site that is not User Content is ILF Content and is owned, controlled, or licensed by ILF and is protected by copyright, trademarks, service marks, and/or other intellectual property rights. You agree that You shall acquire no rights in ILF Content or in ILF Technology unless otherwise noted in writing by ILF. You may not copy, reproduce, frame, republish, download, upload, post, transmit, distribute, hyperlink, or exploit ILF Content for commercial use in any way without the prior written consent of ILF.
ILF grants You a limited, personal, non-‐exclusive, non-‐transferable, freely revocable license to access and/or use ILF Content and ILF Technology that is on the Site for Your personal use as a part of the Fleshlight Community. Furthermore, ILF grants You a limited, personal, non-‐ exclusive, non-‐transferable, freely revocable license to Transmit ILF Content provided on Fleshlight Videos and the Forum via the ILF Technology provided in these sections of the Site. You may only Transmit the ILF Content in these sections of the Site and it may only be Transmitted via the ILF Technology provided in these sections of the Site. All other Transmission of ILF Content or ILF Technology is strictly prohibited. You acknowledge and agree that with exception to this limited license You have no right to modify, edit, copy, reproduce, create derivative works, or reverse engineer, alter, enhance, or in any way exploit any of the ILF Content or ILF Technology in any manner unless otherwise noted in writing by ILF. This limited license terminates automatically, without notice to You, if You breach any of the Terms.
ILF reserves all rights not expressly granted in the Terms unless otherwise noted in writing by ILF.
ILF reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Site, ILF Content, and ILF Technology, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
Fleshlight Videos Members and Forum Members may Transmit User Content to the Site that can be accessed and/or used by other Fleshlight Videos Members and Forum Members.
ILF does not claim any ownership rights in Your Content. After You Transmit Your Content to the Site, You continue to retain ownership of Your Content, and You continue to have the right to use and license Your Content in any way You choose. Any of Your Content transmitted via ILF Technology needs to comply with the Terms. At any point, you can remove Your Content and cancel Your Fleshlight Videos Account and/or Forum Membership and ILF does not retain any license rights except as provided in the Terms.
By Transmitting Your Content on the Site or via ILF Technology, you thereby grant ILF a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your Content throughout the world in any media in any way and in any commercial or non-‐ commercial medium or form without compensation.
As a Fleshlight Videos Members and/or Forum Members you acknowledge that ILF and its designees reserve the right, but shall have no obligation, to pre-‐screen, filter, remove, refuse to accept, post, display, or transmit any Content through or on the Site in whole or in part at any time for any reason or no reason with or without notice and with no liability of any kind.
If Content, a Customer Account, a Fleshlight Videos Account, and/or Forum Membership is removed from the Site, the Content, Customer Account, Fleshlight Videos Account, and/or Forum Membership may also be deleted at the discretion of ILF. We encourage You to be sure You are comfortable with this possibility before Transmitting Your Content via the Site. You should be aware that ILF is not required and may not keep back-‐up copies of Your Content. Additionally, ILF makes no guarantee that Your Content will be safely stored on the Site and You should independently back-‐up Your Content.
By Transmitting Your Content on the Site or via ILF Technology, You thereby grant to each User that is authorized to access Your Content a non-‐exclusive license to access, use, and/or Transmit Your Content under the Terms and Community Guidelines. Notwithstanding the foregoing, You hereby grant to each User that is authorized to access Your Content at least a limited, non-‐ exclusive, license to view, Transmit, print and have printed Your Content for personal use in the manner contemplated by the Terms.
You are solely responsible for Your Content and all the consequences of Transmitting Your Content. By Transmitting Your Content, You affirm, represent, and warrant that (i) You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize ILF and other Users to use Your Content as necessary to exercise the licenses granted by You in this section and in the manner contemplated by ILF and the Terms; (ii) Your Content does not and will not slander, defame, or libel any other person; (iii) the use of Your Content as permitted herein does not and will not infringe, violate, or misappropriate any third-‐party right, including, without limitation, any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (iv) Your Content does not contain any viruses, adware, spyware, worms, or other malicious code; and (v) Your Content is free of any digital rights management, including, without limitation, any software designed to limit the number of times Your Content may be copied or played. Violators of the Terms may be subject to criminal and civil liability. ILF reserves all rights and remedies against any Users who violate the Terms.
You understand that when using the Site You will be exposed to User Content from a variety of sources, and that ILF is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or otherwise inappropriate, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against ILF with respect thereto. ILF does not endorse any User Content and cannot vouch for its accuracy or appropriateness or any opinion, recommendation, or advice expressed therein, and ILF expressly disclaims any and all liability in connection with User Content. If notified by a User or a Content owner of User Content that allegedly does not conform to the Terms, ILF may investigate the allegation and determine in its sole discretion whether to remove the User Content, which it reserves the right to do at any time and without notice. For clarity, ILF does not permit copyright or trademark infringing activities on the Site.
ILF may, but is under no obligation to, monitor Your conduct with respect to Your use of the Site for violations of the Terms. ILF may remove any or all of Your Content posted on or through the Site and/or terminate Your access to and/or use of the Site if ILF suspects a violation of the Terms. ILF may also suspend or terminate Your Customer Account, Fleshlight Videos Account, and/or Forum Membership, if ILF deems it necessary in order to protect the Site, ILF, its parent, affiliates, directors, officers, agents, and employees from any form of harm.
ILF respects the intellectual property of others, and we ask that You, Users, and Customers and to the Site do the same.
If You believe that one of our Customers or Users is, through the use of one of Our services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed from Our Site(s), the following information in the form of a written notification (pursuant to 17 U.S.C. - 512(c)) must be provided to ILF’s designated Copyright Agent:
Please note that pursuant to 17 U.S.C. - 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by ILF in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for ILF is:
Mr. Matthew Esber
Interactive Life Forms, LLC
4401 Freidrich Lane, Suite 302
Austin, Texas 78744
Telephone: (512) 879-4190
Fax: (512) 368-3121
E-mail: ipissues at fleshlight.com.
While ILF reserves the right, but has no obligation, to monitor or moderate disputes between You and other Fleshlight Videos Members and/or Forum Members, You are solely responsible for Your interactions with other Fleshlight Videos Members and/or Forum Members.
You are solely responsible for Your Content and all the consequences of Transmitting Content to other Fleshlight Videos Members and/or Forum Members. You understand that You are solely responsible for any interaction with any Fleshlight Videos Members and/or Forum Members that take place outside of the Site whether online or offline.
In compliance with United States Code, Title 18, Section 2257, all of the models, actors, and other persons that appear in any visual depiction of actual sexually explicit conduct appearing or otherwise contained in the following Website were over the age of eighteen years at the time of the creation of such depictions.
All other visual depictions displayed on this Website are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said visual depictions do not consist of depictions of conduct as specifically listed in 18 U.S.C section 2256 (2) (A) through (D), but are merely depictions of non-‐sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995.
Records required to be maintained pursuant to U.S.C. Title 18, Section 2257 are kept by the following custodian of records:
Interactive Life Forms, LLC
4401 Friedrich Lane, Suite 302
Austin, TX 78744
The Site may contain links to other websites operated by persons or entities other than ILF. The links are provided as a resource only and the links may redirect You off of the Site to a third party website. Interactions and/or transactions that occur between You and any such third party are strictly between You and that third party and are not the responsibility of ILF. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their websites. ILF does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or webmaster of the third party website. By offering links, ILF is not implying that it endorses anything contained on those third party websites or has any association with the operators of the third party websites.
ILF may discontinue or change any Content, service, function, or feature at any time with or without notice.
Products are described and represented as accurately as possible so Users/Customers understand the products they are viewing and purchasing. No guarantee is made regarding color representation as color may vary due to computer monitors, software, hardware and internet connections. In the event of a typographical error, pictorial error, technical error or other inaccuracy, ILF reserves the right to make improvements, corrections or changes without notice. ILF reserve the right to change formulation or packaging at any time without notice. ILF reserves the right to change pricing without notice.
The information, services, commentary, Content and products on the Site are not intended to replace consultation with a healthcare provider, mental health professional or lawyer. The information on the Site should not be relied upon to diagnose or treat any ailment or condition or to answer any legal question. All information, services, commentary, Content and products on the Site is for general informational purposes only. Questions or concerns should be referred to an appropriate professional in the healthcare, mental health or legal field.
All products sold by ILF are for novelty use/purposes only. ILF does not incur or take any responsibility for personal usage of any product sold or obtained from the Site. Customers must read any literature included with the products sold on the Site for usage information.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ILF, OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-‐PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-‐PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE CONTENT ON THE SITE OR ANY LINKED SITES, OR ANY OTHER INTERACTIONS WITH ILF, EVEN IF ILF OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ILF’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100.00).
USERS WHO ARE CALIFORNIA RESIDENTS AGREE TO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
You hereby agree to indemnify, defend and hold ILF, its affiliates and their respective officers, directors, owners, agents, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all causes of action, claims, liabilities and costs incurred by the Indemnified Parties in connection with any claim arising from of (a) Your Content, and/or (ii) any breach by you of this Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys’ fees. You shall cooperate as fully as reasonably required in the defense of any claim. ILF reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You shall not enter into any settlement agreement which affects the rights of ILF without ILF’s prior written approval.
The failure of ILF to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by duly authorized agent of ILF.
The Terms have been made in and shall be construed and enforced in accordance with the laws of the State of Texas without regard to any conflict of law provisions.
You agree to first try to resolve any controversy, claim, or dispute arising out of or relating to the Terms or the access and/or use of the Site, with the help of a mutually agreed upon mediator in Austin, Travis County, Texas. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties. Attorney fees associated with the mediation shall be paid by the respective parties.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, You agree to submit the dispute to binding arbitration in Austin, Travis County, Texas. Such arbitration shall be conducted in accordance with the then prevailing consumer arbitration rules of the American Arbitration Association (“AAA”), and judgment on the award rendered by the arbitrator(s) may be entered in the state or federal courts in and for Austin, Travis County, Texas. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive and may be entered in any court having jurisdiction thereof as a basis of judgment and of the issuance of execution for its collection. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. The arbitrator shall be required to follow applicable law.
IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES INAPPLICABLE, THEN YOU, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.
If any litigation or arbitration is necessary to enforce the Terms the prevailing party shall be entitled to reasonable attorney fees, costs, and expenses.
If any provision of the Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Your rights and licenses under the Terms may not be transferred or assigned by You, but may be assigned by ILF without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
The Terms create no agency, partnership, joint venture, or employee-‐employer relationship between You and ILF unless otherwise noted in writing by ILF.
Any comments, complaints, or requests for further information can be directed to:
Interactive Life Forms, LLC
4401 Friedrich Lane, Suite 302
Austin, TX 78744
Phone: +1 (888) 804-‐4453, from 10am to 10pm CST
Email: support at fleshlight.com
In accordance with California Civil Code Section 1789.3, California Residents may also direct any complaints to the Complaint Assistance Unit of the Division of Consumer Services of The California Department of Consumer Affairs at:
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
Phone: (800) 952-‐5210
Copyright © Interactive Life Forms, LLC. All rights reserved. All materials found on any the Site are protected by United States and international copyright laws and treaty provisions and may not be reproduced, copied, edited, published, transmitted, uploaded, distributed, publicly performed or otherwise used in any manner, except with the prior express permission of ILF. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner or form except as explicitly provided herein. Modification of the materials or use of the materials for any purpose other than those purposes explicitly permitted herein is a violation of ILF’s copyright and/or other proprietary rights. The use of any materials from the Site on any other website or networked computer environment is prohibited.
FLESHLIGHT, FLESHJACK, FLESHLIGHT GIRLS, FLESHGRIP, FLESHJACK.COM, FLESHLUBE, SEX IN A CAN, FLESHWASH, BLADE, SWORD, FLIGHT, FREAKS!, FLESHJACK BOYS, and all associated logos and designs are trademarks or registered trademarks of Steve Shubin, used under license, all pending or registered in U.S. Patent and Trademark Office. You may not use our logos or trademarks as a "hot" link to any other site unless the establishment of such a link is approved by ILF in advance and in writing.