About 365sextoys.co.uk User Agreement

 

Last Updated: January 2012

This User Agreement (or " Agreement ") is a legal agreement between you and Standtech Systems Limited, ("365sextoys.co.uk " or "us") governing your participation on the 365sextoys.co.uk site. By using, accessing or registering as a member of 365sextoys.co.uk, you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use 365sextoys.co.uk. We can amend this Agreement either by emailing you about the amended terms, which take effect when we send you the email, or by posting the amended terms on 365sextoys.co.uk, which take effect when we post them. By continuing to access or use 365sextoys.co.uk after any such amendment, you agree to be bound by the terms of the amended Agreement. Otherwise, this Agreement may be amended only by a writing physically signed by us.

A Note About Minors

365sextoys.co.uk is not targeted towards, nor intended for use by anyone under the age of 18. By using 365sextoys.co.uk, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access or register for 365sextoys.co.uk. We reserve the right to terminate your access in the event that 365sextoys.co.uk becomes aware you are under 18.

Content

365sextoys.co.uk provides a number of different services to assist you in comparison shopping for products. 365sextoys.co.uk provides information regarding products and third party merchants, and links to third party merchants that are selling listed products. 365sextoys.co.uk is paid by merchants or other third parties to list products on 365sextoys.co.uk. The products listed on 365sextoys.co.uk are sold by third party merchants, and are not sold by 365sextoys.co.uk.

365sextoys.co.uk does not sell, resell or license any products listed on 365sextoys.co.uk, nor is 365sextoys.co.uk acting as an agent of sale. 365sextoys.co.uk disclaims any responsibility for, or liability related to, such products (see Disclaimer of Warranties below). Any question, complaints or claims should be directed to the appropriate merchant or seller.

365sextoys.co.uk does not warrant that product descriptions, pricing, editorial commentary or any other content of 365sextoys.co.uk, regardless of its source, is accurate, complete, reliable, current or error-free. 365sextoys.co.uk Network content is provided for informational purposes only and does not constitute an endorsement by 365sextoys.co.uk of any product, merchant, seller or service. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss (see Disclaimer of Warranties and Liability Limits below). 365sextoys.co.uk assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings (e.g. user merchant rating, user product rating) or other content on 365sextoys.co.uk.

Consumer reviews and ratings on 365sextoys.co.uk are from our members who have elected to post a review on 365sextoys.co.uk. As such, these reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a merchant or other third party in any given transaction.

Participating merchants and other third parties may pay 365sextoys.co.uk to be presented on 365sextoys.co.uk or to have their product or service offerings placed higher in our search results, and may also purchase research from 365sextoys.co.uk, but in no event do such payments affect the reviews or ratings given to any merchant by participating members.

You may download, view and print a single copy of any other content, solely for your personal and non-commercial purposes, subject to the restrictions set forth in this Agreement. All right, title, and interest in and to 365sextoys.co.uk, and any other content appearing on 365sextoys.co.uk, will remain the exclusive property of 365sextoys.co.uk and its licensors. Except as expressly permitted in this Agreement, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use 365sextoys.co.uk, or any other content appearing on 365sextoys.co.uk. You may not copy or modify the HTML code used to generate web pages on 365sextoys.co.uk. You may not use 365sextoys.co.uk, or any other content appearing on 365sextoys.co.uk, on or in connection with any other web sites, for any purpose.

Intellectual Property

365sextoys.co.uk is a service mark of Standtech Systems Ltd.. 365sextoys.co.uk 's service marks/trademarks may not be used in connection with any product or service that is not provided by 365sextoys.co.uk, in any matter that is likely to cause confusion among customers, or in any manner that disparages or discredits 365sextoys.co.uk.

We are not responsible for the content of any third party materials accessible through 365sextoys.co.uk. We do desire to respect all copyrights and other intellectual property rights and to respond accordingly when notified of the infringement of those rights.

Other Rules

You may not harvest personal data (including email addresses) from 365sextoys.co.uk, and specifically you may not use email addresses displayed on our Site to ask users to join or contribute to your services. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the terms of this Agreement. You acknowledge that 365sextoys.co.uk has no obligation to monitor your access to or use of 365sextoys.co.uk, but has the right to do so for the purpose of operating 365sextoys.co.uk, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Unless we explicitly agree otherwise in writing, you may not use any automated means (such as scripts) to access 365sextoys.co.uk or collect information from it.

Indemnity

By choosing to use 365sextoys.co.uk, you agree to indemnify 365sextoys.co.uk, its officers, agents, partners, and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to, or arising out of Content you choose to submit, post or transmit through 365sextoys.co.uk; or of your use of or connection to 365sextoys.co.uk; your violation of the User Agreement; or, your violation of any rights of another.

Governing Law/Arbitration

This Agreement will be governed by the laws of England. However, this does not affect any choice of law rules or any protections that you are entitled to as a consumer in the country in which you reside. We make no representation that the services provided by 365sextoys.co.uk are appropriate, legal or available for use in locations outside the European Union. You are in the best position to know whether your use of our services may be prohibited or restricted by local laws in your location. If you are not able to comply with local laws when using our services, you should not use our services.

Integration

This Agreement and our Privacy Policy (which is incorporated herein by reference) constitute the entire Agreement, and supersede any other Agreements or understandings (oral or written), between you and us with respect to their subject matters.

Disclaimer of Warranties

365sextoys.co.uk AND ITS SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. We do not promise or warrant that any aspect of the site or system will work properly or will be continuously available. 365sextoys.co.uk may contain links to third-party web sites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such web sites or resources; or (ii) the content, products, or services on or available from such web sites or resources. Links to such web sites or resources do not imply any endorsement of such web sites or resources or the content, products, or services available from such web sites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such web sites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on 365sextoys.co.uk, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold 365sextoys.co.uk liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on 365sextoys.co.uk.

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Assignment

You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by 365sextoys.co.uk, in its sole discretion, to a third party. You may not assign your obligations to another entity.

General

This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with 365sextoys.co.uk. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by 365sextoys.co.uk.

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