Please NOTE: Terms subject to change without notice
Legal and Terms of use:
You must be at least 18 years of age to use
this website. If you are not at least 18 years old, you must not access or use
this website.
This website is operated by Madam Plush Intimates ™. Throughout the site, the
terms “we”, “us” and “our” refer to Madam Plush Intimates. Madam Plush
Intimates offers this website, including all information, tools and services
available from this site to you, the user, conditioned upon your acceptance of
all terms, conditions, policies and notices stated here.
By visiting our
site and/ or purchasing something from us, you engage in our “Service” and
agree to be bound by the following terms and conditions (“Terms of Service”,
“Terms”), including those additional terms and conditions and policies
referenced herein and/or available by hyperlink. These Terms of Service apply
to all users of the site, including without limitation users who are browsers,
vendors, customers, merchants, and/ or contributors of content.
Please read
these Terms of Service carefully before accessing or using our website. By
accessing or using any part of the site, you agree to be bound by these Terms
of Service. If you do not agree to all the terms and conditions of this
agreement, then you may not access the website or use any services. If these Terms
of Service are considered an offer, acceptance is expressly limited to these
Terms of Service.
Any new features
or tools which are added to the current store shall also be subject to the
Terms of Service. You can review the most current version of the Terms of
Service at any time on this page. We reserve the right to update, change or
replace any part of these Terms of Service by posting updates and/or changes to
our website. It is your responsibility to check this page periodically for
changes. Your continued use of or access to the website following the posting
of any changes constitutes acceptance of those changes.
This
website's terms and conditions are directed to residents of the United States.
Code of Conduct. While using this website and/or the Site Materials, you agree
not to:
Restrict or inhibit any other visitor from
using this website, including, without limitation, by means of
"hacking," "denial of service" attacks or defacing any
portion of this website;
Use this website or the Site Materials for any
unlawful or unauthorized purpose;
Express or imply that any statements you make
are endorsed by us, without our prior written consent;
Transmit (a) any content or information that is
unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or
otherwise objectionable, or infringes on our or any third party's intellectual
property or other rights; (b) any material, non-public information about us,
any of our licensees or affiliates, or any third party without the authorization
to do so; (c) any trade secret of ours, any of our licensees or affiliates, or
any third party; or (d) any advertisements, solicitations, chain letters,
pyramid schemes, investment opportunities, or other unsolicited commercial
communication (except as otherwise expressly permitted by us);
Engage in spamming or flooding;
Modify, adapt, sub-license, translate, sell,
transfer, reverse engineer, decompile, or disassemble any portion of this
website or the Site Materials;
"Frame" or "mirror" any part
of this website without our prior written authorization;
Tamper in any way with the software or
functionality of this website, including, without limitation, transmitting or
posting any software or other materials to this website that contains any viruses,
time bombs, Trojan horses, worms, cancel bots or other computer programming
routines that may damage, interfere with, intercept, or expropriate any system,
data, or information;
Use any robot, spider, site search/retrieval
application, or other manual or automatic device or process to retrieve, index,
"data mine," or in any way reproduce or circumvent the navigational
structure or presentation of this website or its contents;
Harvest or collect information about visitors
to this website without their express consent;
Create a database by systematically downloading
and storing all or any of the information on this website;
Make postings of a commercial nature; or
Permit others, including those whose accounts
were terminated, to access this website through your account, username or
password.
In addition, while using this website and/or
the Site Materials, you agree to comply with all applicable laws, rules, and
regulations.
Links. This website may contain links to other
Internet websites and online resources. Links on this website to other websites
or resources shall not be construed as endorsement, control, review or approval
of such other websites by us. You acknowledge and agree that we shall not be
held responsible for the legality, accuracy, or inappropriate nature of any
content, advertising, products, services, or information located on or through
any other websites, nor for any loss or damages caused or alleged to have been
caused using or reliance on any such website or content. Further, the treatment
of user data by the operators of third party websites may be different from our
treatment of user data. For details regarding such operators' treatment of data
about users, you must review their privacy policies or terms and conditions of
use or contact them for this information.
Use of "Cookies" and Other Tracking
Technologies. We may use cookies and other technologies to facilitate and track
your use of services offered on this website and about our e-mail
communications. For more information on our use of such technology, please see
the privacy policy accessible via a link provided at the bottom of the homepage
of this website.
Accuracy of Information. Although we strive to
ensure the accuracy of the information found on this website, neither we, nor
our affiliates, licensees, suppliers, or agents, can be held responsible by you
for the accuracy of such information. It is solely your responsibility to
evaluate the accuracy, completeness, and usefulness of all information provided
on this website.
Disclaimers: WE PROVIDE THIS WEBSITE, THE SITE
MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH OR IN CONNECTION WITH
THIS WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS
OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN, FULLY-EXECUTED AGREEMENT BETWEEN YOU
AND US WITH REGARD TO A PARTICULAR PRODUCT OR SERVICE. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR AFFILIATES, LICENSEES, SUPPLIERS,
ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT, UNLESS OTHERWISE EXPRESSLY PROVIDED IN
A WRITTEN, FULLY-EXECUTED AGREEMENT BETWEEN YOU AND US WITH REGARD TO A
PARTICULAR PRODUCT OR SERVICE, WE AND OUR AFFILIATES, LICENSEES, SUPPLIERS, AND
AGENTS DO NOT WARRANT THAT YOUR USE OF THIS WEBSITE OR THE SITE MATERIALS WILL
BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THIS WEBSITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR RELATED SOFTWARE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE
RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE, AND
OTHER EQUIPMENT NEEDED TO ACCESS AND USE THIS WEBSITE, AND ALL CHARGES RELATED
THERETO. NO OPINION, ADVICE, OR STATEMENT OF US OR OUR AFFILIATES, LICENSEES,
SUPPLIERS, AGENTS, OR VISITORS, WHETHER MADE ON THIS WEBSITE, IN THE SITE MATERIALS,
OR OTHERWISE, SHALL CREATE ANY WARRANTY, UNLESS OTHERWISE EXPRESSLY PROVIDED IN
A WRITTEN, FULLY-EXECUTED AGREEMENT BETWEEN YOU AND US WITH REGARD TO A
PARTICULAR PRODUCT OR SERVICE. YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN
RISK.
Conflicts. In the event a conflict arises
between any information posted on this website, this Agreement, and/or any
contract you have with us, the terms of your contract with us will prevail over
this Agreement and the information posted on this website, and this Agreement
will prevail over information posted on this website.
Limitation of Liability. AS A CONDITION OF YOUR
USE OF THIS WEBSITE, YOU AGREE THAT NEITHER WE, NOR ANY OF OUR AFFILIATES,
LICENSEES, SUPPLIERS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, OR AGENTS,
WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE,
STRICT LIABILITY, OR OTHER THEORY, OR CONSEQUENTIAL LOSS OF PROFITS, LOSS OF
EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, LOST DATA, INTERRUPTED
COMMUNICATIONS, DAMAGES, EXPENSE, OR COSTS RESULTING DIRECTLY OR INDIRECTLY
FROM OR OTHERWISE ARISING IN CONNECTION WITH:
THE USE OF THIS WEBSITE, INCLUDING, BUT NOT
LIMITED TO, DAMAGES RESULTING OR ARISING FROM YOUR RELIANCE ON THIS WEBSITE OR
ANY INFORMATION OR MATERIALS FOUND ON THIS WEBSITE OR HYPERLINKED FROM THIS
WEBSITE, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN
OPERATION, TRANSMISSIONS, EAVESDROPPING BY THIRD PARTIES, OR ANY FAILURE OF
PERFORMANCE OF THIS WEBSITE;
GOVERNMENT RESTRICTION, STRIKES, WAR, ANY
NATURAL DISASTER OR FORCE MAJEURE, POWER FAILURES, LARGE INCREASES IN ON-LINE
ACTIVITY IN A SHORT PERIOD OF TIME (USAGE SPIKES), VIRUSES, CATASTROPHIC
HARDWARE FAILURES, ATTACKS ON OUR SERVERS, FIRES, EARTHQUAKES, FLOODS,
UNUSUALLY SEVERE WEATHER, OR ANY OTHER CONDITION BEYOND OUR REASONABLE CONTROL
LIMITING, PREVENTING OR OTHERWISE AFFECTING EITHER YOUR ACCESS TO OR USE OF
THIS WEBSITE OR SITE MATERIALS OR OUR ABILITY TO PROVIDE SERVICES OR GOODS IN
CONNECTION WITH, OR RESERVED OR ORDERED THROUGH, THIS WEBSITE; OR
LOSS OF SECURITY OF INFORMATION YOU HAVE
PROVIDED IN CONNECTION WITH YOUR USE OF THIS WEBSITE, OR INTERCEPTION OF ANY
SUCH INFORMATION BY UNAUTHORIZED THIRD PARTIES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS
WEBSITE AND/OR SITE MATERIALS CONTAINED WITHIN THIS WEBSITE IS TO STOP USING
THIS WEBSITE AND/OR SITE MATERIALS, AS APPLICABLE
Void Where Prohibited. Although this website is
accessible worldwide, not all products or services discussed or referenced in
this website are available to all persons or in all geographic locations or
jurisdictions. In addition, restrictions may apply to use of products or
services obtained in one jurisdiction in other jurisdictions. Those who choose
to access this website from locations outside the United States or Canada do so
on their own initiative and at their own risk, and are responsible for
compliance with local laws, if and to the extent local laws are applicable. You
may not use or export the Site Materials or products and services available
through this website in violation of U.S. export laws and regulations. We, and
our affiliates, licensees, suppliers and agents, reserve the right to limit the
availability of this website and/or the provision of any product or service to
any person, geographic area or jurisdiction it so desires, at any time and in
our sole discretion.
Applicable Law. Except to the extent expressly
provided otherwise herein, this Agreement (including any of our policies
referred to herein) shall be governed by and construed in accordance with the
laws of the State of California and North Carolina in the United States.
Specifically excluded from application to this Agreement is that law known as
the United Nations Convention on the International Sale of Goods. If you are a
citizen or resident of the United States, a U.S. commonwealth or a U.S.
territory, or if you are accessing this website from the United States, or if a
dispute action arises from your access to or use of the U.S. version of this
website, you hereby agree that any disputes arising under or in connection with
this Agreement, this website, any products and services related to this website
and/or the Site Materials shall be submitted for resolution to either the U.S.
District Court for the District of California located in the City of San
Fernando in California or a state court located in Los Angeles County in
California, and you hereby waive any jurisdictional, venue, or inconvenient
forum objections to such courts.
This Agreement has been written in English, and
you waive any right you may have under any laws to have this Agreement written
in any other language. You represent that you have the ability to read and
write in English and you have read and understood this Agreement. If this
Agreement is translated into a language other than English, the English version
and interpretation shall govern and prevail. All communications between the
parties hereunder shall be in English.
Other General Provisions. We reserve the right
to immediately terminate your access to and use of this website or any portion
thereof, or to eliminate any content, feature or service of this website, at
any time and for any reason, with or without cause. Headings found in this
Agreement are for reference only. A party's failure to insist upon or enforce
strict performance of any provision of this Agreement shall not be construed as
a waiver of any provision or right. This, together with any of our policies
referred to herein, is the entire Agreement between you and us relating to the
subject matter herein and supersedes any and all prior or contemporaneous
written or oral Agreements between you and us regarding the same subject matter
(except other written, fully-executed contracts between you and us). Neither
the course of conduct between you and us, nor trade practice shall act to
modify any provision of this Agreement. If any provision of this Agreement is
held to be invalid or unenforceable, such determination shall not affect such
provision in any other respect or any other provision of this Agreement, which
shall remain in full force and effect. This Agreement is not assignable,
transferable or sub licensable by you except with our prior written consent.