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AGREEMENT BETWEEN USER AND TEG, LLC.
This Web site (the "Site") is offered to you by TEG, LLC. 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.
We authorize you to view and download and copy the Content for your own personal,
non-commercial use as long as you maintain all copyright and other notices
contained in the content, with all other rights reserved. You agree to comply
with all copyright laws worldwide in your use of this site and to prevent any
unauthorized copying of the Content. Except as expressly provided herein, the
Company does not grant any express or implied intellectual property right to you.
Our
are incorporated by reference.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
- you are at least 21 years of age 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 TEG, LLC.
- you understand that you will be exposed to visual images, verbal descriptions and audio sounds of a sexually oriented, frankly 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, read and/or hear 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.
CONTENT PROVIDED BY YOU
By posting messages or engaging in other communication to the Company or this
Site, you grant to the Company a perpetual, worldwide, irrevocable, non-exclusive,
royalty-free license to use, download, copy, reproduce, modify, distribute,
publish, transmit, transfer, sell, license, display, perform, adapt and otherwise
exploit such communication in all media now known or hereafter devised, and you
agree that the Company is free to use any ideas, concepts or know-how that you
or individuals acting on your behalf provide to the Company. You further
recognize that the Company does not want you to, and you represent and warrant
that you shall not, provide any information or materials to the Company that
are defamatory, threatening, obscene, harassing, or otherwise unlawful, or
that incorporate the proprietary material of another. You acknowledge and
agree that communications and transmission to and from the Company Web site
are not confidential. You waive all rights to any claim against the Company,
its directors, officers, agent, suppliers or employees for any alleged or
actual infringement of any proprietary, privacy, publicity, moral or
attribution rights in connection with such communication.
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 San Francisco, 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 Northern District of California, with venue
lying in San Francisco, 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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