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Web Site Terms Of Use Policy |
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Legal Notices
This Web site (the "Site") is offered to you by MPTB, INC. (the “Company”)
on the condition that you accept the terms, conditions, and notices contained in
this Web Site User Agreement and any amendments (the Agreement") and on other
pages of the Site.
YOU AGREE TO READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE. YOU MAY NOT
ACCESS OR USE THIS WEB SITE UNLESS YOU AGREE TO THEM. BY USING THIS WEB SITE, YOU
ACKNOWLEDGE THAT YOU HAVE READ THE TERMS, CONDITIONS AND NOTICES IN THIS AGREEMENT
AND YOU AGREE TO THEM.
The Company reserves the right to change the terms, conditions and notices under
which this Web site is offered at any time in its sole discretion, and your continued
use constitutes agreement to any such changes.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
- you are at least 18 years of age (21 in some states) and have
the legal right to possess adult oriented materials and sex toys in your community
and legal jurisdiction.
- you have provided true, accurate, current and complete information
about yourself as prompted on the site. Your billing address should be the address
and phone number your credit card bank has on file for you.
- you will not use this Web site for any purpose that is improper,
unlawful or prohibited by the terms, conditions or notices in this Agreement and
on this Web site and that you will act in good faith in your relationships with
MPTB, INC..
- you understand that you will be exposed to sexually oriented
visual images, verbal descriptions and products of an erotic nature, which may include
graphic visual depictions and descriptions of nudity and sexual activity. You affirm
that you are voluntarily choosing to do so, because you want to view or read the
various materials which are available for your own personal enjoyment, information
and/or education. Your choice is a manifestation of your interest in sexual matters,
which is both healthy and normal and, which, in your experience, is generally shared
by average adults in your community. You are familiar with the standards in your
community regarding the acceptance of such sexually oriented materials, and the
materials you expect to encounter are within those standards. In your judgment,
the average adult in your community accepts the consumption of such materials by
willing adults in circumstances such as this which offer reasonable insulation from
the materials for minors and unwilling adults, and will not find such materials
to appeal to a prurient interest or to be patently offensive.
PROHIBITED ACTIVITIES
You agree not use the Web site to:
- Upload, post or otherwise transmit any communication or material
that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, invasive of another's privacy, that infringes any copyright, trademark,
trade secret, patent or other proprietary right, disruptive to the site, harmful
to minors, hateful, or racially, ethnically or otherwise objectionable;
- Forge headers or otherwise manipulate identifiers in order to
disguise the origin of any communication transmitted through the Web site;
- Upload, post or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation except
as otherwise expressly authorized by the Company;
- Disrupt or interfere with the operation of the Web site or any
servers or networks connected to the Web site service or disrupt any other user's
enjoyment of the Site of any affiliated or linked sites;
- Violate any applicable local, state, national or international
law or regulation;
- Upload, post or otherwise transmit any obscene material or material
containing child pornography.
- Upload, post or otherwise transmit any material containing viruses,
Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming
routines that may damage, detrimentally interfere with, or surreptitiously intercept
or expropriate any system, data or personal information.
- Deeplink to this Site, use any meta tags or other hidden text
using our name, trademark or product name, or frame any Content without our express
written consent;
- Collect or store personal data about other users.
INDEMNITY
You agree to indemnify and hold the Company, its directors, officers, agents, affiliates,
suppliers and employees harmless from any and all claims, losses, damages, liabilities,
costs and expenses (including reasonable attorney's fees) which arise out of, are
connected with or directly relate to your use of the Site, the products obtained
through the site or any violation of this Agreement.
USE OF INFORMATION AND PRIVACY
The Company may monitor your use of the Site and may ask that you provide personal
information, including financial information. You agree that the Company may use
and disclose any information and material received from you, or collected through
your use of the Site, in accordance with Company's stated Privacy Policy or when
the Company has a good-faith belief that disclosure is required by law or legal
process, or to protect the rights of the Company or others. You understand and agree
that the Privacy Policy may change from time to time.
LINKS TO OTHER WEB SITES
The Site may contain links to Web sites operated by parties other than the Company.
The links are provided for your convenience only. The Company does not control the
Web sites and is not responsible for the content on such Web sites. By offering
links, the Company is not implying that it endorses anything contained on such Web
sites or has any association with the operators of the Web sites.
LIABILITY LIMITATION & DISCLAIMER OF WARRANTIES
Information or advice received from this Web site should not be relied upon for
personal, medical, legal or financial decisions. You should consult an appropriate
professional for specific advice tailored to your situation.
THE COMPANY, ITS DIRECTORS, OFFICERS, AGENTS, AFFILIATES, EMPLOYEES AND ITS SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE RELIABILITY, ACCURACY, SUITABILITY OR TIMELINESS
OF THE CONTENT, PRODUCTS OR SERVICES ACCESSIBLE THROUGH THE SITE. ALL INFORMATION
AND SERVICES ARE PROVIDED "AS IS" OR "AS AVAILABLE" WITHOUT
WARRANTY OF ANY KIND, AND PRODUCTS ARE PROVIDED SOLEY WITH A LIMITED WARRANTY. OTHER THAN THE LIMITED WARRANTY
FOR PRODUCTS DESCRIBED ABOVE, THE COMPANY AND ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, PRODUCTS AND SERVICES
AVAILABLE THROUGH THIS SITE, INCLUDING (WITHOUT LIMITATION) ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES OR ITS
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
PUNITIVE OR ANY OTHER DAMAGES WHATSOEVER. WITHOUT LIMITING THE FOREGOING , THE COMPANY
AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF
PROFITS OR LOSS OF USE IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, PRODUCTS OR SERVICES
OBTAINED THROUGH THE SITE. THE COMPANY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR
ANY SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,
EVEN IF THE COMPANY, ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Some jurisdictions do not allow the limitation of liability or exclusions of certain
warranties or liability, so some of the above limitations may not apply to you.
If you are dissatisfied with any portion of this Web site or with any of these terms
of use, your sole and exclusive remedy is to discontinue using this Web site.
RELATIONSHIP
There is no confidential, fiduciary, contractually implied or other relationship
created between you and the Company other than as stated in this Agreement. You
agree that no joint venture, partnership, employment or agency relationship exists
between you and the Company as a result of this Agreement or use of this Web site.
INTERNATIONAL USERS
This Web site is controlled, operated and administered by the Company from its offices
within the United States of America. The Company makes no representation that materials
at this site are appropriate or available for use at other locations outside of
the United States and access to them from territories where their contents are illegal
is prohibited. You may not use the site or export the Content in violation of any
applicable laws and regulations. If you access this site from a location outside
of the United States, you are responsible for compliance with all local laws.
GENERAL
This Agreement is governed by the laws of the United States and of the State of
California. Unless otherwise agreed in writing, any claim, dispute or controversy
of any kind, in any way arising out of or relating to the Site, this Agreement,
or any purchase made through the Site (excepting any claim, dispute or controversy
relating to intellectual property rights) shall be subject to exclusive, final and
binding arbitration in accordance with the commercial arbitration rules of the American
Arbitration Association, and conducted in Los Angeles County, California, and judgment
on the arbitration award may be entered into any court having jurisdiction thereof.
Any litigation relating to this Agreement shall be subject to the jurisdiction of
the Federal Courts of the Central District of California, with venue lying in Los
Angeles, California, with the losing party responsible for costs, including without
limitation, court costs and reasonable attorneys fees and expenses. You agree that
any cause of action you may have with respect to your use of the Site, this Agreement
or any purchase made through the Site must be commenced within one (1) year after
the claim or cause of action arises.
In the event any provision of this Agreement is determined to be invalid, illegal
or otherwise unenforceable, such provision shall be deemed to have been deleted
from this Agreement. The remainder of this Agreement shall remain in full force
and effect according to its terms.
This Agreement contains the entire understanding and agreement of the parties with
respect to the use of this Web site. It supersedes all prior oral or written understandings
and agreements relating to use of this Web site. Company's waiver of any provision
of this Agreement shall not be deemed to waive it for the future.
You agree that we may, in our sole discretion, at any time and without cause, may
terminate your use of the Site or any portion of the Site, without liability to
you. Sections entitled Liability Limitation & Disclaimers of Warranty, Indemnity,
and General will survive any termination of this Agreement.
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