Terms of Service
The following Terms of Service outline your obligations when using the SexToys.org website. You can also review our Privacy Policy, which outlines our obligations and practices towards handling any personal information that you may provide to us.
Age of Maturity — All Users Need To Be 18 Years of Age Or Older
THIS SERVICE IS FOR ADULTS ONLY! You represent, warrant and covenant that you are at least 18 years old or the age of majority in your jurisdiction, whichever is older (the "Age of Majority"). The Service is intended for adults only. By using the Service you agree that you have reached the Age of Majority. If you continue with SexToys.org or use of the Service in violation of this section, it may result in legal action.
1. ACCEPTANCE OF TERMS
The web pages available at SexToys.org, and all linked pages ("Site"), are owned and operated by ST Media, Inc. ("SexToys.org"), and is accessed by you under the Terms of Service described below ("Terms of Service").
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. SEXTOYS.ORG'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY SEXTOYS.ORG, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
2. MODIFICATIONS OF TERMS OF SERVICE
SexToys.org reserves the right, at its sole discretion, to modify or replace the Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, SexToys.org will notify you by posting an announcement on the Site. What constitutes a "material change" will be determined at SexToys.org's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Service as modified.
3. DESCRIPTION OF SERVICE
Subject to full compliance with the Terms of Service, SexToys.org may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content SexToys.org performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content"). SexToys.org may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. SexToys.org may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
4. YOUR REGISTRATION OBLIGATIONS
As a condition to using Services, you are required to register with SexToys.org and select a password and screen name ("SexToys.org User ID"). You shall provide SexToys.org with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your SexToys.org account. You may not (i) select or use as a SexToys.org User ID a name of another person with the intent to impersonate that person; (ii) use as a SexToys.org User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a SexToys.org User ID a name that is otherwise offensive, vulgar or obscene. SexToys.org reserves the right to refuse registration of, or cancel a SexToys.org User ID in its discretion. You shall be responsible for maintaining the confidentiality of your SexToys.org password.
Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.
5. NO REFUNDS
SexToys.org does not offer refunds on any deals, products, specials or offers.
6. USER CONDUCT As a condition of use, you promise not
to use the Services for any purpose that is unlawful or prohibited by these Terms
of Service, or any other purpose not reasonably intended by SexToys.org.
SexToys.org is only to be used by Adults over the age of eighteen (18) or the
age of maturity in your legal jurisdiction. By way of example, and not as a
limitation, you agree not to use the Services: SexToys.org may remove any Content and SexToys.org
accounts at any time for any reason (including, but not limited to, upon
receipt of claims or allegations from third parties or authorities relating to
such Content), or for no reason at all. To report Terms of Service abuse,
please email abuse@SexToys.org You are solely responsible for your
interactions with other users of the Site. SexToys.org reserves the right, but
has no obligation, to monitor disputes between you and other users. 7. CONTENT SUBMITTED OR MADE AVAILABLE
FOR INCLUSION ON THE SERVICE By creating and posting Content to SexToys.org,
you warrant that you own all rights to the Content, agree that the Content will
be dedicated to the public domain under the Creative Commons Public Domain
Dedication, available at http://creativecommons.org/publicdomain/zero/1.0/
and that you will not object to the use of the Content by SexToys.org in any
context. To clarify, the above does not apply to the Content on external sites
linked to by the original submission. 7. COPYRIGHT COMPLAINTS SexToys.org respects the intellectual
property of others. It is SexToys.org's policy to respond expeditiously to
claims of copyright and other intellectual property infringement. SexToys.org
will promptly process and investigate notices of alleged infringement and will
take appropriate actions under the Digital Millennium Copyright Act
("DMCA") and other applicable intellectual property laws. Upon
receipt of notices complying or substantially complying with the DMCA, SexToys.org
may act expeditiously to remove or disable access to any material claimed to be
infringing or claimed to be the subject of infringing activity and may act
expeditiously to remove or disable access to any reference or link to material
or activity that is claimed to be infringing. SexToys.org will terminate access
for subscribers and account holders who are repeat infringers. Notifying SexToys.org of Copyright
Infringement: To provide SexToys.org notice of an infringement, you must
provide a written communication to the attention of "DMCA Infringement
Notification Dept." care of abuse@SexToys.org
that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512).
Please note that we may post your notification, with personally identifiable
information redacted, to a clearinghouse such as chillingeffects.org. Please
also note that you may be liable for damages (including costs and attorneys'
fees) if you materially misrepresent that an activity is infringing your copyright. 8. SEXTOYS.ORG PRIVACY POLICY SexToys.org's current privacy policy is
available at http://www.sextoys.org/policy/
(the "Privacy Policy"), which is incorporated by this reference. 9. INDEMNITY You will indemnify and hold harmless SexToys.org,
its parents, subsidiaries, affiliates, customers, vendors, officers and
employees from any liability, damage or cost (including reasonable attorneys.
fees and cost) from (i) any claim or demand made by any third party due to or
arising out of your access to the Site, use of the Services, violation of the Terms
of Service by you, or the infringement by you, or any third party using your
account or SexToys.org User ID, of any intellectual property or other right of
any person or entity. 10. WARRANTY DISCLAIMERS You acknowledge that SexToys.org has no
control over, and no duty to take any action regarding: which users gain access
to the Site or use the Services; what effects the Content may have on you; how
you may interpret or use the Content; or what actions you may take as a result
of having been exposed to the Content. You release SexToys.org from all
liability for you having acquired or not acquired Content through the Site or
the Services. The Site or Services may contain, or direct you to sites
containing, information that some people may find offensive or inappropriate. SexToys.org
makes no representations concerning any content contained in or accessed
through the Site or Services, and SexToys.org will not be responsible or liable
for the accuracy, copyright compliance, legality or decency of material
contained in or accessed through the Site or the Services. THE SERVICE,
CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG
AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 11. LINKS The Services may provide, or third
parties may provide, links to other World Wide Web sites or resources. Because SexToys.org
has no control over such sites and resources, you acknowledge and agree that SexToys.org
is not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content,
advertising, products or other materials on or available from such sites or
resources. You further acknowledge and agree that SexToys.org shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such site or resource. 12. LIMITATION OF LIABILITY IN NO EVENT SHALL SEXTOYS.ORG OR ITS
SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER
LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY
LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING),
OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. 13. TERMINATION SexToys.org may terminate or suspend any
and all Services and your SexToys.org account immediately, without prior notice
or liability, if you breach any of the terms or conditions of the Terms of
Service. Upon termination of your account, your right to use the Services will
immediately cease. If you wish to terminate your SexToys.org account, you may
simply discontinue using the Services. All provisions of the Terms of Service
which by their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability. 14. MISCELLANEOUS No agency, partnership, joint venture,
or employment is created as a result of the Terms of Service and you do not
have any authority of any kind to bind SexToys.org in any respect whatsoever.
The failure of either party to exercise in any respect any right provided for
herein shall not be deemed a waiver of any further rights hereunder. SexToys.org
shall not be liable for any failure to perform its obligations hereunder where
such failure results from any cause beyond SexToys.org's reasonable control,
including, without limitation, mechanical, electronic or communications failure
or degradation (including "line-noise" interference). If any
provision of the Terms of Service is found to be unenforceable or invalid, that
provision shall be limited or eliminated to the minimum extent necessary so
that the Terms of Service shall otherwise remain in full force and effect and
enforceable. The Terms of Service is not assignable, transferable or
sublicensable by you except with SexToys.org's prior written consent. SexToys.org
may transfer, assign or delegate the Terms of Service and its rights and
obligations without consent. 15. TRADEMARKS SEXTOYS.ORG, and other SexToys.org
graphics, logos, designs, page headers, button icons, scripts, and service
names are registered trademarks, trademarks or trade dress of SexToys.org in
the U.S. and/or other countries. SexToys.org's trademarks and trade dress may
not be used, including as part of trademarks and/or as part of domain names, in
connection with any product or service in any manner that is likely to cause
confusion. The images and icons available in the SexToys.org icon pack may used
by partner and third party sites in connection with providing appropriate
"Submit to SexToys.org" links to the SexToys.org site.
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