Terms & Conditions

TERMS AND CONDITIONS OF USE AGREEMENT

 

This Terms and Conditions of Use Agreement (“Agreement”) constitutes a legally binding contract between you (“User,” “you,” or “your”) and Boom Influence Group LLC, a Delaware limited liability company (“Company,” “we,” “us,” or “our”), governing your access to and use of the Xniffy platform (“Platform”), including all associated services, features, content, and functionality (collectively, the “Services”).

BY ACCESSING, BROWSING, REGISTERING FOR, OR OTHERWISE USING THE PLATFORM IN ANY MANNER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT IN THEIR ENTIRETY, YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND MUST DISCONTINUE USE IMMEDIATELY.

1. ELIGIBILITY AND AGE RESTRICTIONS

1.1 Minimum Age Requirement. Access to the Platform is strictly limited to individuals who are eighteen (18) years of age or older, or the age of legal majority in their jurisdiction of residence, whichever is higher (“Minimum Age Requirement”).

1.2 User Representation. By using the Platform, you represent and warrant under penalty of perjury that you meet the Minimum Age Requirement.

1.3 Verification. We reserve the right to request documentary proof of age and to suspend or terminate any account for noncompliance.

2. PROHIBITED CONTENT AND ACTIVITIES

2.1 Content Restrictions. Users shall not upload, list, transmit, or distribute content that:
(i) Contains nudity, sexual acts, or suggestive imagery;
(ii) Promotes escorting, compensated dating, or sexually charged services;
(iii) Contains links to third-party adult content;
(iv) Violates the record-keeping requirements of 18 U.S.C. § 2257; or
(v) Meets the legal definition of “obscenity” under Miller v. California, 413 U.S. 15 (1973).

2.2 Obscenity Compliance. All User Content must adhere to applicable community standards and must not:
(a) Appeal to prurient interests;
(b) Depict conduct in a patently offensive way; or
(c) Lack serious literary, artistic, political, or scientific value.

3. SALE OF NEW AND USED UNDERWEAR (FOR NOVELTY PURPOSES ONLY)

3.1 Legal and Regulatory Obligations.
All Users, including Sellers and Buyers, must comply with applicable federal, state, and local regulations, including but not limited to:

  • State obscenity statutes (e.g., Alabama Code § 13A-12-200.2);

  • Health and sanitation laws (e.g., NY Gen. Bus. Law § 399-zzz);

  • FTC truth-in-advertising guidelines;

  • USPS shipping regulations and 18 U.S.C. § 1341 (mail fraud).

3.2 Seller Representations. By listing undergarments, Sellers affirm that:
(a) Items are cleaned in compliance with 21 C.F.R. § 1140.34;
(b) Listings make no reference to bodily fluids or sexual activity;
(c) Descriptions are non-suggestive and purely for novelty or collectible purposes.

3.3 Prohibited Listing Language. Use of the following descriptors is strictly prohibited:

  • “Fetish,” “unwashed,” “scented,” or equivalents;

  • Descriptions implying sexual use or arousal;

  • Visual content depicting nudity or underwear worn against bare skin.

3.4 Item Presentation. Models (if shown) must wear garments over opaque clothing. Any suggestive poses or exposed skin will result in immediate removal of the listing.

4. PLATFORM TRANSACTION TERMS

4.1 Fees and Charges.
Users acknowledge that all fees, including posting fees and commissions (e.g., a 3% Final Value Fee), are due immediately upon service and are non-refundable.

4.2 No Refund Policy.
ALL FEES ARE FINAL AND NON-REFUNDABLE, INCLUDING IN CASES OF ORDER DISPUTES OR CANCELLATIONS. USERS WAIVE ANY RIGHTS TO BANK-INITIATED CHARGEBACKS OR DISPUTE REVERSALS.

5. DISCLAIMERS AND LIMITATIONS OF LIABILITY

5.1 Independent Relationship.
This Agreement does not establish an employer-employee, agent-principal, or joint venture relationship between Users and the Company.

5.2 No Warranties.
ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

5.3 Limitation of Liability.
OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT PAID BY USER TO THE COMPANY IN THE SIX (6) MONTHS PRECEDING THE CLAIM. WE DISCLAIM ALL LIABILITY FOR INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

6. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Boom Influence Group LLC and its affiliates against all third-party claims arising from:
(i) Your violation of this Agreement;
(ii) Any illegal or unauthorized use of the Platform;
(iii) Listings or transactions involving items regulated or prohibited by law.

7. DISPUTE RESOLUTION

7.1 Governing Law.
This Agreement shall be governed by the laws of the State of Delaware, without regard to its conflict of law principles.

7.2 Arbitration Clause.
All disputes shall be resolved through final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Venue shall be Wilmington, Delaware. Users expressly waive any right to class actions.

8. PLATFORM ENFORCEMENT

8.1 Account Actions.
We reserve the right to remove listings, suspend accounts, or take legal action against any User violating this Agreement or engaging in unlawful activity.

8.2 Reporting Obligations.
We may report suspected illegal conduct to regulatory authorities and cooperate fully with investigations.

9. AMENDMENTS

We may update this Agreement at any time. Continued use of the Platform constitutes your acceptance of any modified terms. We will notify Users of material changes via the Platform or email.

10. ACKNOWLEDGEMENT

BY ACCESSING THE PLATFORM, YOU AFFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY THIS ENTIRE AGREEMENT, INCLUDING THE MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER.