IDE Toys Adult Store Terms & Conditions

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Terms of Use


Please read these Terms of Use & Conditions (the "Terms", "Terms of Use" or "Terms & Conditions") carefully before further accessing the "www.idetoys.com/store" website (the "Website") operated by Industrial DisEase Toys LLC ("us", "we", "our", or"IDE Toys" ), purchasing any of the available products or services via the Website(the "Products obtained via the Website" or "Products") and/or using any Product obtained via the Website.

Your access to and use of the Website and the Products is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Website and/or purchase, gift and/or use the Products.

If you continue accessing or using the Website and/or the Products, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to continue accessing or using the Website. By purchasing a Product, whether for your own use or for another's use, you agree to the Terms.

Our Content

Our Website may contain images, descriptions or depictions of a) adult play, including those related to BDSM (bondage & discipline, Master & slave, sadism & masochism), b) adult sexual conduct, and/or c) toys and other novelties used in such adult play or sexual conduct. By continued accessing the Website, you warrant that:

1) you are over 18, or above the legal age of consent in your community if other than 18;

2) you personally are not offended by such images, descriptions or depictions, nor believe them to be obscene or immoral; and

3) such images, descriptions or depictions are not illegal or obscene in your jurisdiction, and are not considered to be obscene, immoral or outside of the standards of you community.

You have permission to continue accessing the Website and to purchase Products ONLY if ALL of conditions 1, 2 and 3 (the "Conditions") are TRUE.

Content found on or through this Website is the property of Industrial DisEase Toys LLC or used with permission. Any Content on this Website created by us is the property of Industrial DisEase Toys LLC. You may not distribute, modify, transmit, reuse, download, repost, copy, or use any such Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Products

All Products available via the Website are sold as novelties only, and are not intended for use in any adult play or sexual conduct or in any BDSM or edge play activities. Any such use is at your own risk.

If you purchase any Product(s) via the Website intending to use such Product(s) in any adult play or sexual conduct or in any BDSM or edge play activities, you warrant that:

A) that you understand that activities associated with BDSM, edge play and many adult sexual activities (the "Activities") are inherently dangerous, independently of using the Product(s) in such Activities, and that danger cannot be reasonably mitigated beyond a certain level;

A) that you understand that using the Product(s) in such Activities is inherently dangerous and that danger cannot be reasonably mitigated beyond a certain level;

C) that you have developed the skills necessary to reasonably mitigate the inherent dangers and risks of the Activities, or understand that you must gain such skills to reasonably mitigate such dangers and risks before using the Product(s) in such Activities; and

D) that with such understanding, you voluntarily accept and consent to such dangers and risks and agree that you are solely liable for any injuries or other damages that may occur when using such Product(s) in such Activities.

Purchases

If you wish to purchase any Product via the Website, you may be asked to supply certain information relevant to your purchase and to shipping the Product to you ("your Purchase"), including, without limitation, your billing address, and your shipping information.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. Should we discover you, or someone using your account (see below), have falsely indicated that the Conditions are true, we will cancel any order that has not yet been shipped, and will attempt to recall any order that has not been delivered.

Accounts

You may, but are not obligated to, create an Account on the Website (your "Account"). When you create your Account, you guarantee that the Conditions are true, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in your Account being terminated or restricted.

You are responsible for maintaining the confidentiality of your Account and its password, including but not limited to restricting access to your Account to those for which the Conditions are true. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or by those using your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your password or your Account, ESPECIALLY use by those for which the Conditions are NOT true.

We reserve the right to refuse service, limit or terminate your Account, remove or edit content, or cancel orders in our sole discretion.

Communications

By creating your Account, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send.

We currently send only announcements regarding events that we are vending at, and do not have any plans to send any other materials to you. We reserve the right to do so in the future.

In any case, you may opt out of receiving any communications from us by checking the "Email Opt-Out" checkbox on your Account page, or by following the instructions provided in any email we send.

User-Supplied Content

Our Website allows you the privilege, if you have an Account, to create and assign tags, and to post product reviews, which may link, store, share and/or otherwise make available any information, text, graphics, videos, or other material you supply in such tags and reviews ("your Content"). You are responsible for your Content that you provide to or through the Website, including its legality, reliability, and appropriateness.

By posting your Content on or through the Website, you represent and warrant that: i) the Content is yours (you own it) and/or you have BOTH the rights to use it and to grant us the rights and license as provided in these Terms, and ii) that posting your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to remove any such Content supplied by you, to limit or suspend your privilege to supply Content and/or to terminate your Account should you be found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Website and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Website. However, by posting Content using the Website you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Website. You agree that this license includes the right for us to make your Content available to other users of the Website, who may also use your Content subject to these Terms.

Industrial DisEase Toys LLC has the right but not the obligation to monitor and edit all Content provided by you and other users.

Payment

We currently send you outside the Website to Paypal (an outside third party website) to pay for, and thus complete, your Purchase. Thus, we do not save, nor have any access to or knowledge or awareness of, your credit card information, such as your credit card number or its expiration date. Please read Paypal's terms and conditions if you have any questions regarding how they handle your credit card information.

The Website reserves the right to employ the use of other third party services for the purpose of facilitating payment and the completion of your Purchase.

You represent and warrant that: i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and ii) the information you supply to us is true, correct and complete.

Availability, Errors and Inaccuracies

We are constantly updating the Products on the Website. We may experience delays in updating information on the Website and/or in any advertising on other web sites. The information found on the Website may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Website and we cannot guarantee the accuracy or completeness of any information found on the Website.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Intellectual Property

The Website and its original content (i.e., excluding Content provided by users), features and functionality are and will remain the exclusive property of Industrial DisEase Toys LLC and its licensors. The Website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Industrial DisEase Toys LLC.

Links To Other Web Sites

Our Website may contain links to third party web sites or services that are not owned or controlled by Industrial DisEase Toys LLC

Industrial DisEase Toys LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Industrial DisEase Toys LLC 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 third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your Account and limit or bar access to the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to breaching any of the Terms.

If you wish to terminate your Account, you may simply discontinue using the Website. If you wish to have us delete your Account from the Website, including all orders and any reviews and other user content you may have supplied, you must send us an email requesting we do so. We reserve the right to keep offline copies of any such information and content you previously supplied.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Industrial DisEase Toys LLC, any licensees and/or licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) ("Indemnify"), resulting from or arising out of a) your use and access of the Website, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Website.

If you purchase a Product for another ("the Giftee"), you agree to advise them of the Terms or to direct them to access the Website and read the Terms. If you fail to do so, you agree to Indemnify IDE Toys for any claims against IDE Toys by the Giftee.

Limitation Of Liability

In no event shall Industrial DisEase Toys LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from i) your accessing, using, or inability to access or use the Website; ii) any conduct or content of any third party on the Website; iii) any content obtained from the Website; and iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Website is at your sole risk. The Website is provided on an "AS IS" and "AS AVAILABLE" basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Industrial DisEase Toys LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website is free of viruses or other harmful components; or d) the results of using the Website will meet your requirements.

All Products available via the Website are sold as novelties only, and are not warranted as manufactured or suitable for a specific purpose.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Wisconsin, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have had between us regarding the Website.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.

Contact Us

If you have any questions about these Terms, please contact us at info@idetoys.com.

Last updated: July 3, 2017