Effective Date: Jan 30, 2017
Last Modified Date: May 24, 2018
IF YOU DO NOT AGREE TO THE ALL OF TERMS SET FORTH ABOVE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE OR SERVICES IN ANY WAY AND YOU ARE NOT AUTHORIZED TO PURCHASE ANY PRODUCTS. YOU MUST EXIT THE WEBSITE IMMEDIATELY.
The Store is the distributor of apparel, lifestyle goods, printed matter, and adult products ("Products") and the operator of this Website. Unless mandated by law, the Store is not a manufacturer and is only a distributor. The features and information that a User may avail himself/herself of via the Website are collectively referred to as the "Services."
A. Website Intended for Adults to be Viewed in Private; Obscenity.
You must be legal age (21 in some jurisdictions, and 18 in some jurisdictions, "Legal Age") to access, purchase from, or otherwise use any Services. You represent and warrant that the laws applicable to You in any jurisdiction with authority do not prohibit You from accessing sexually explicit content, products or services, including those which depict bondage, S&M, fantasy submission, and other fetish activities. You agree that the following is not obscene to You and is not obscene by law in any jurisdiction that has authority over You: erotic images of gay men, men using sex toys, men playing bondage games, penetration with sex toys. The previously listed examples are intended to be illustrative and not exhaustive in nature. You will not redistribute the content on this Website and You will not allow any individuals under Legal Age to access this Website or any content from this Website. You will not show the content of this Website to any individual under Legal Age. Notwithstanding any other provision in these Terms, we reserve the right to fully cooperate with any law authorities as we deem necessary or desirable.
You will not make available or display any Products purchased from this Website to anyone under Legal Age or display such Products in public. You agree not to view or display the Website in public, and that You intend to access the Website for your personal use in your own home or the home of another of Legal Age.
B. Availability & Legality
The Store makes no guarantees regarding the availability and legality of the Website, the Services (including the availability of any given Service) and/or the Products. You agree to consult with the law of Your jurisdiction to confirm the legality of any Products before ordering such Products from us. The Store reserves the right, in its sole discretion, to discontinue the Website or Services and/or modify the contents of the Website or the terms of the Services as it sees fit, including but not limited to, the price for Services, descriptions, and other e-commerce related information and/or functionality. You agree that the Store will not be liable to You for any such discontinuance or modification of the Website or the Services.
C. Authorized Use
The Store grants You a limited license to access and make personal use of the Website for purposes and uses that are legal and that are otherwise permitted by these Terms, including purchasing Products. Other than to view the Website for Services and to consider purchasing Products, You are not authorized to download or modify the Website or any portion of it, except with express, prior written consent of the Store. This license does not include and specifically prohibits any resale or commercial use of this Website or its contents (except for Your purchase of Products and/or Services); any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another person or merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not post or transmit through the Website any material that (i) violates or infringes in any way upon the rights of others, including intellectual property rights; and/or (ii) that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to Products or Services. You are also prohibited from using the Website in any way that restricts or inhibits any other Website user from using or enjoying the Website consistent with these Terms. You may not assign or share your user name or password with any other party. Any unauthorized use terminates Your permission to access the Website and the license granted by the Store immediately.
D. Linking (To & From) the Website; Advertisers
The Store may, from time to time, provide via the Website, links to other websites or resources and/or advertisements or other such promotional materials related to third parties. Because the Store has no control over the content of such third party sites, or the quality of the goods or services offered therein, User acknowledges and agrees that the Store is not responsible for and in no way guarantees or endorses: (a) the availability of such third party sites or resources; (b) the accuracy, value, or completeness of any content available at or through the third party sites; (c) the goods or services offered via these third party sites. Accordingly, User acknowledges and agrees that we shall not be responsible or liable to User in any manner, directly or indirectly, for any damage or loss, caused or alleged to be caused, by or in connection with accessing such third party sites, use of or reliance on the content of any such third party sites, and/or the quality of any goods or services offered by or through any such third party sites. The Store may elect at any time to use third parties to process payments, and in that process, redirect You to a third party site. Such third party may impose additional terms and conditions governing the provided payment processing services. You are responsible for abiding by any such terms. The Store disclaims any liability associated with any violation of such terms by You. The Store may store and access your payment information as necessary for us to process transactions and maintain user memberships.
F. Consent to Receive Notifications & Other Communications
We reserve the right to send electronic mail or other messages to You and to other Users. You understand and agree that even unsolicited commercial email sent from Us or Our affiliates is not SPAM as that term is defined under the law. The purpose of this communication may include but is not limited to: (a) Inform You of any changes to the status of Your account; (b) Inform You of any purchases made on the Website via Your account; (c) Provide information to You regarding products or services offered by Our affiliates or partners; (d) Inform You about any of Our related products or services; (e) Provide You with information about any item that We think, in Our sole discretion, may be of interest to You.
You may opt out of these announcements and messages by contacting email@example.com. If You opt out of these marketing emails, You may still receive system notices and other information that is specifically related to Your account. For example, We may send You messages in response to a lost password request or for other administrative reasons associated with the Website.
If You provide Your information to Us, use the Website, or Our Services, You will have created a commercial relationship with Us. In having done so, You understand that even unsolicited commercial email sent from Us or Our affiliates is not SPAM as that term is defined under the law.
G. Prohibition against Harmful Transmissions & Appropriate Use of Website
You, as a User, agree You are responsible for all of your communications and postings, including, but not limited to, comments, commentary, suggestions, product reviews, product "how tos" and otherwise ("User Content"). You agree that You will not upload, post, e-mail, or otherwise transmit to the Website or to any other User any messages, programs, or other materials (including, but not limited to, Trojan Horses, viruses, worms, and the like) that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or telecommunications equipment or collect or mine information about this site or other users. The Store does not have an obligation to assess, guarantee the accuracy or appropriateness of, or otherwise review User Content in any way, even if the Store elects, in its sole discretion, to do so or to attempt to do so. from time to time. The Store does not endorse any User Content, even if the Store makes efforts to screen User Content. You agree that any User Content will not infringe upon, or breach another party's intellectual property rights, contract rights or other rights. You agree not to utilize the Website and/or Services to send inappropriate communications or make inappropriate postings, including, but not limited to, communications and postings that are obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, solicitations of business, chain letters or pyramid schemes. The Store is not responsible for any User Content or actions or omissions in response to User Content. If You follow any instructions or suggestions in any User Content, You do so at your own risk.
You may not, and You agree that You will not, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website. You may not violate or attempt to violate the security of the Website, including, without limitation, unauthorized access of data; circumventing authentication mechanisms; or interfering with the Website in any way. You may not use any engine, software, tool, agent or other device or mechanism (including but not limited to, browsers, spiders, avatars or BOTs/intelligent agents) to navigate or search the Website other than as provided through the Website and/or a standard third party web browser. You may not "frame" this Website or display the Website's content through any other URL or in conjunction with another company name or trademark. You shall not copy the HTML code created to generate the Website and any associated webpages.
E. Disclaimer of Warranties; Limitation Of Liability
1. Warranties Disclaimed
NEITHER THE STORE NOR ANY OF ITS SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, CONTRACTORS OFFICERS, DIRECTORS, AFFILIATES, DISTRIBUTORS, VENDORS, ASSIGNEES, OR AGENTS WARRANT THAT THE SERVICES OR THE INFORMATION PROVIDED VIA THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS IS EXPRESSLY SET FORTH ELSEWHERE IN THESE TERMS OR ON THE WEBSITE IN RELATION TO PRODUCT PURCHASES (AND NOT INCLUDING ANY HOW TOS, EDITORIALS OR INSTRUCTIONS OR CONTENT FROM ANY OTHER PARTY), THE PRODUCTS AND SERVICES ARE MADE AVAILABLE "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. TO THE EXTENT ALLOWED BY LAW, NEITHER THE STORE NOR ANY OF ITS SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES SUFFERED BY YOU OR SUFFERED BYANY OTHER PARTY ARISING OUT OF OR RELATED TO (A) YOUR USE OF THE WEBSITE, SERVICES OR PRODUCTS, (B) THE OPERATION OR MALFUNCTION OF THE SERVICES OR PRODUCTS, OR (C) ARISING IN ANY WAY FROM OR RELATING TO YOUR PURCHASE OF PRODUCTS VIA THE WEBSITE OR SERVICES, AND REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AS TO (A) THROUGH (C). YOU ASSUME ALL RISK OF USE OF OUR PRODUCTS AND SERVICES, AND ACKNOWLEDGE THAT SOME USE OR MISUSE OF OUR PRODUCTS MIGHT BE INHERENTLY DANGEROUS. YOU THEREFORE RELEASE THE STORE, ITS LICENSORS, EMPLOYEES, CONTRACTORS OFFICERS, DIRECTORS, AFFILIATES, DISTRIBUTORS, VENDORS, ASSIGNEES, OR AGENTS, FROM ANY AND ALL CLAIMS AND LIABILITIES ASSOCIATED WITH THE USE OF THE PRODUCTS OR SERVICES.
WHERE THE STORE INCLUDES PRODUCT REVIEWS, DEMONSTRATIONS, RECOMMENDATIONS OR OTHER SERVICES RELATED TO THE PRODUCTS, THOSE ARE FOR YOUR CONSIDERATION ONLY. IT IS IMPERTATIVE THAT YOU EXERCISE YOUR OWN INDEPENDENT JUDGMENT AS TO WHETHER OR NOT SUCH PRODUCT OR USAGE OF SUCH PRODUCT IS SAFE OR APPROPRIATE FOR YOU OR ANY OTHER PERSON. YOU SHOULD MAKE AN INDEPENDENT INVESTIGATION AND ASSESSMENT OF ANY PRODUCT THAT MIGHT POSE RISKS TO YOU OR ANYONE ELSE, INCLUDING CONSULTING EXPERIENCED FRIENDS WHO HAVE USED THE PRODUCTS OR SIMILAR PRODUCTS. OUR OPINION OF WHETHER OR NOT A PRODUCT IS SAFE OR A SUGGESTED USE OF A PRODUCT IS SAFE MIGHT DIFFER FROM ANOTHER'S OPINION AND OUR OPINION COULD BE WRONG AS TO YOU AND YOUR INTENDED OR ACTUAL USE OF PRODUCTS. YOU MUST BE THE JUDGE OF THE SAFETY AND APPROPRIATE USE OF ALL PRODUCTS AND SERVICES.
ALTHOUGH WE HOPE EVERY PRODUCT IS PERFECT WHEN WE RECEIVE IT FROM THE MANUFACTURER OR SUPPLIER, THE REALITY IS THAT WE CANNOT AND DO NOT INSPECT EACH PRODUCT WE RECEIVE FROM OUR SUPPLIERS AND MANUFACTURERS. YOU MUST BE SURE TO INSPECT IN GOOD LIGHT EACH PRODUCT YOU RECEIVE FOR ANY MANUFACTURING DEFECTS OR FLAWS AND/OR ANY DESIGN DEFECTS.
2. Limitation of Liability
TO THE EXTENT ALLOWED BY LAW, THE STORE SHALL HAVE NO LIABILITY FOR UNAUTHORIZED THIRD PARTY ACCESS, ALTERATION THEFT, OR DESTRUCTION OF ANY INFORMATION CONTAINED ON THE WEBSITE, WHETHER THROUGH ACCIDENTAL, FRAUDULENT, OR WRONGFUL MEANS AND/OR DEVICES. IN ANY EVENT, THE LIABILITY OF THE STORE TO YOU OR ANY OTHER USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO AND SHALL IN NO EVENT EXCEED THE SUM OF THE GREATER OF ONE-HUNDRED DOLLARS OR, IN THE EVENT THAT YOUR DISPUTE OR CLAIM ARISES FROM YOUR PURCHASE OF SERVICES OR PRODUCTS, THE COST OF SUCH DISPUTED SERVICES OR PRODUCTS (I.E., THE AMOUNT YOU PAID TO THE STORE FOR SUCH SERVICES OR PRODUCTS). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, NON-INFRINGEMENT, AND OTHER CAUSES OF ACTION OR ALLEGATIONS. NOTE: SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THE PRECEDING PARAGRAPHS OF SECTION III.E OF THE TERMS. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING THEREIN MAY NOT APPLY TO YOU.
3. Origin of Products
Unless otherwise expressly labeled on any Products or packaging, all products are made in China.
4. No Products are Medical Devices; Products are for Novelty Only
Unless otherwise expressly labeled on any Products or packaging, all Products are for novelty only purposes and are not medical devices. Our Products are for entertainment and amusement, unless expressly labeled in writing otherwise. For example, except as otherwise expressly labeled on any massager or packaging, all massagers and the like are for novelty only purposes and are not medical devices.
5. Lubricants are for Anal Only Application
Except as otherwise expressly labeled on any lubricant or packaging, all lubricants are for anal use only and are not medical devices.
F. Risks Associated With Use of Products and Services
This Website provides adult-oriented products, ideas for adult activities with and uses of the Products and related online Services. The Store is a distributor and idea generator. The Store is not a product testing organization and the Store does not manufacture the Products. The Store obtains the Products from suppliers and manufacturers that the Store believes are reputable and reliable, however, the Store is not in a position to test ever Product and/or to assess the safety of every suggestion that the Store makes for User consideration
The Store is not a medical organization and cannot – and does not - provide You with medical advice or clearance to use certain Products or engage in any activities. Nothing contained in this Website should be construed as medical or other professional advice. Any suggestions by the Store as to use of Products or activities should not be interpreted as a substitute for physician consultation, and product safety assessment. You must use good sense and personal judgment about your use of the Products and the activities in which You engage.
Like many things in life, having fun often entails taking risks. Whether one is jumping out of planes, rock climbing, playing football or swimming alone without a life guard, risk is an unavoidable element of the activity. For some, the very fact that an activity is risky is an important ingredient for why the activity is fun. It can be very dangerous or very safe to ski down a black diamond slope at the ski resort, depending on the skier's ability, equipment, avalanche conditions and weather. Using the Store’s Products and getting inspired by any suggestions by the Store or other Users as to how the Products can be used is a bit like skiing – it can be very safe or very dangerous in our opinion depending on the user's experience, personality and the conditions surrounding the use of the Products.
There is a risk of injury from use of the Products, replication of any depictions on the Website of use of the Products, or attempts to copy or follow any suggestions on the Website (from the Store or other Users). There are scenarios where the risk could include catastrophic injury or death. As set forth below, the Stores tries to identify some specific risks associated with certain types of Products or activities, however, it's up to the User to evaluate and address any risks associated with use of the Products or any suggested uses of the Products as the Store is not a product testing or safety organization.
The text, pictures, and descriptions set forth in this Website are for illustrative purposes only and do NOT advise that You or any other particular Website User undertake or perform any particular technique or activity. You agree that You will not undertake or perform any exercise or technique described in this Website until and unless You consult with and are cleared by a medical doctor in relation to such participation and You consult with an experienced User of the same Product or a similar Product. How do You get experience with a Product if You've never used it and You don't know anyone who has used it? Well, it's just like looking up the spelling of a word in the dictionary when You don't know how to spell it – ask on forums You find on the internet, take advice with a grain of salt and use common sense.
Some of our products will be sold in the original packaging received from the manufacture or supplier, and some of our products will be sold in our packaging. Not all manufacturers or suppliers provide thoughtful warnings, instructions and disclaimers. However, some manufacturers and suppliers do provide thoughtful warnings, instructions and disclaimers. Our prices would need to be increased materially beyond what we believe to be market pricing if we were to attempt to assess and potentially re-write warnings, instructions and disclaimers for each product in our inventory. Therefore, we need to leave the job to You to independently assess any manufacturer/supplier supplied warnings, instructions and disclaimers as we make no representations or warranties as to the suitability of such warnings, instructions and disclaimers. If there's a contradiction or conflict between our warnings, instructions and disclaimers and the manufacturers'/suppliers' warnings instructions and disclaimers, then You need to assess the contradiction and conflict and contact us at firstname.lastname@example.org with any questions that You have and we'll try to reconcile the contradiction or conflict.
As an illustration, it is common place in the adult industry for products to be marked by the manufacturer/supplier as "novelty only." Some products are intended merely as novelty products, yet other products are clearly not intended as novelties. We're not in a position to have each supplier and/or manufacturer/supplier remove "novelty only" marking where we think the marking inappropriate or inaccurate. Therefore, You must assess whether or not the product is really a novelty only product or is actually intended for a particular use. You agree that You will read and assess all warnings, instructions and disclaimers and that You will apply your independent judgment as to the safety of the Products You purchase, and that You will consult us if You have any uncertainty or You do not understand any warnings, instructions or disclaimers.
YOU HEREBY AGREE TO HOLD HARMLESS THE STORE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, DISTRIBUTORS, LICENSORS, LICENSEES AND CONTRACTORS FROM ANY LIABILITY ARISING FROM INACCURATE, INCOMPLETE OR MISSING WARNINGS, INSTRUCTIONS AND DISCLAIMERS PROVIDED BY OUR SUPPLIERS OR MANUFACTURERS.
You agree to indemnify, defend, and hold harmless the Store, its directors, officers, employees, contractors, assignees, affiliates, vendors, distributors, licensors, licensees, and agents ("Indemnitees"), and defend any action brought against Indemnitees with respect to any claim, demand, cause of action, debt or liability ("Claim"), including, without limitation, reasonable attorneys' fees, to the extent that such action is based upon a Claim that: (i) if true, would constitute a breach of any of your representations, warranties, or agreements under these Terms; (ii) arises out of or relates to your use of the Website and/or (iii) arises out of or relates to your negligence, willful misconduct, other breach of this Agreement, or unlawful act. In the event of a claim subject to indemnification, the Store shall be permitted to select its own counsel, and have the authority to settle the claim, in consultation with You.
In the event that one or more of the words, phrases, sentences, clauses, sections, subdivisions or subparagraphs contained herein shall be held invalid, this Agreement shall be construed as if such invalid portion had not been inserted. In the event that any invalid language is severed under this paragraph, the severed language shall be comprised of the smallest unit possible such that the severance of the unit results in a valid provision (e.g., a single item in a list will be severed rather than the entire list, a clause will be severed rather than the entire sentence, etc.).
I. Entire Agreement
This Agreement sets forth and contains the entire agreement with regard to the matters set forth herein between you and the Store. There are no promises, terms, conditions, or obligations other than those contained herein. This Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between and among parties with respect to the subject matter of these terms.
J. Choice Of Law & Arbitration
This Agreement, and any disputes arising from, relating to, or touching upon the Agreement and/or the subject-matter hereof, shall be construed under and governed by the law of the State of California. All contracts resulting from or relating to this Website shall be deemed entered into in the State of California.
In the Store’s discretion, the Store may insist that any dispute arising out of or related to any product or service or this Website be arbitrated in metro-Los Angeles, California pursuant to the commercial rules of the American Arbitration Association; provided, however, that any equitable remedies available via the state and federal courts of California may remain in effect after the Store elects arbitration pending resolution of the arbitration.
K. Venue; Personal Jurisdiction; Service of Process
Any action at law, suit in equity, or other judicial proceeding concerning, relating to, or touching upon in any way this Agreement or the subject-matter hereof, shall be brought or commenced, if at all, only in the courts of California. By accessing and using the Website, You (and any person or entity on whose behalf You act) hereby submit to personal jurisdiction in California in any action by or against You and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist. You (and any person or entity on whose behalf You act) agree to accept service of process for any claim arising out of or related to these Terms via either email (at the email address You provide us) or a national or international private carrier (e.g., FedEx, UPS), and You hereby waive personal service.
L. Headings For Convenience Only
The headings used herein are for convenience only. The headings do not purport to define, limit or extend the scope or intent of the language of the sections and the paragraphs to which they pertain.
The waiver by one party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision by the other party. The failure of a party at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same.
N. Tom of Finland Store Intellectual Property
The Website contains copyrighted material, trademarks, service marks and other proprietary information which may include text, software, photos, video, graphics, music and sound. The entire contents of the Website are subject to United States copyright laws. The Store owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or expressly allowed herein, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the Store and the copyright owner, if other than the Store. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that You do not acquire any such ownership rights by downloading copyrighted material or otherwise using the Website. Without the owner's prior written permission, You agree not to display or use in any manner, any trademarks or content found on the Website. You further agree that the Store retains and reserves all rights to any trademarks, service marks, trade names or brand names under which it does business, whether registered or under common law.
O. Copyright Complaints & Notice and Take Down Policy
The Store respects the intellectual property of others and expects others to respect the Store’s intellectual property. If You believe that Your work has been copied or otherwise appears on this Website in a way that constitutes copyright infringement or any other legal violation, please notify us immediately in writing at the contact address set forth below.
P. Company Contact
Please direct all inquiries and other communications relating to the Website and/or the Services to:
8116 Romaine Street West Hollywood, CA 90046
or email to: email@example.com
Q. Local Laws
You represent and warrant that Your access to and use of the Website, the Services and your purchase of any Products is in compliance with the laws governing such access, use, Product and related conduct in Your geographic region. The Store is not in a position to research and monitor all laws of all jurisdictions. Therefore, it is up to you to know the laws that apply to you.
R. Prohibited Conduct
Use of the Website or the corresponding Services for any use or reason other than the intended and permissible uses described or implied herein is expressly prohibited. Any such misuse may constitute violation of state and federal civil and criminal laws and may result in civil and/or criminal prosecution. Furthermore, without limiting other remedies, the Store may immediately issue a warning and/or temporarily or indefinitely suspend or terminate your privilege to use and access the Website if You: (1) breach these Terms; and/or (2) take actions that the Store believes may result in legal liability for You, for the Store, or for other Website Users. The Store reserves the right to deny access to the Website, Services and/or any elements of the Website or Services to any person at any time and for any reason, as allowed by law.
III. ADULT NOTICES, DISCLAIMERS AND ISSUES
A. Special Considerations Regarding Minors
i. You represent that You are of Legal Age to access this Website and utilize the provided Services and Products provided by the Store. We specifically disclaim any responsibility or liability for any misrepresentations regarding a User's age.
ii. You represent and warrant that You will not allow any minor access to this Website or Services. Users should implement parental control protections, such as computer hardware, software, or filtering services, which may help Users to limit minors' access to harmful material. You acknowledge that if Your computer or mobile device can be accessed by a minor, that You will take all precautions to keep Our Website from being viewed by minors. You additionally acknowledge that if You are a parent, it is Your responsibility, and not Ours, to keep any age-restricted content from being displayed to Your children or wards.
iii. WE HAVE A ZERO TOLERANCE POLICY FOR MATERIAL INVOLVING MINORS AND A ZERO TOLERANCE POLICY REGARDING PEDOPHILES OR ANY PEDOPHILIC ACTIVITY.
i. You understand that all depictions of all persons on this Website and in all content produced or published by Us are of persons over the Legal Age as of the date of the production of the depiction. We take great measures to ensure that no underage individuals are depicted in any of Our content.
ii. If You seek any form of material involving minors (including so-called "virtual" pornography involving minors), You must exit this Website and cease using Our Services immediately. We do not provide this kind of material and We do not tolerate those who provide this kind of material nor do We tolerate consumers of this kind of material.
iii. In order to further Our zero-tolerance policy, You agree that You will report any images, real or simulated, that appear to depict minors on Our Website. If You see any images or other depictions that are questionable, You agree to report these images by contacting Us at: firstname.lastname@example.org.
iv. Include with Your report any appropriate evidence, including the date and time of identification. All reports will immediately be investigated and the appropriate action will be taken.
v. We enthusiastically cooperate with any law-enforcement agency investigating child pornography. If You suspect other outside websites are participating in unlawful activities involving minors, please report them to a child pornography reporting service such as ASACP.org;
or the N.C.M.E.C. Cybertip Hotline:
B. Images & Content
i. You acknowledge and stipulate that all of the content on the Website constitutes expressive content that is fully protected by the the First Amendment of the U.S. Constitution, and other similar legal principles.
ii. You acknowledge and understand that some or all of the content on Our Website and transmitted via Our Services may be inappropriate for viewing by minors. You acknowledge that You are aware of the nature of the Website and that You access the Website and Services freely, voluntarily, and willingly.
iii. Section 230 Notice: You acknowledge Your responsibility to prevent minors under Your care from accessing harmful or inappropriate material. You agree not to allow minors to view any such content, and You agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors' access to harmful or inappropriate material. Pursuant to 47 U.S.C. §230(d), You are hereby informed that You can research such services at websites such as: http://www.getnetwise.org or http://www.child-internet-safety.com/internet_filters.php, among others. Please note that We make no representation or warranty regarding any of the products or services referenced on such sites, and We recommend that You conduct appropriate due diligence before purchasing or installing any online filter.
iv. Pursuant to the Communications Decency Act ("CDA"), 47 U.S.C. § 230(c)(1), and court decisions interpreting the scope of the CDA, You acknowledge and understand that We operate as the provider of an interactive computer service. Thus, We are immune from, and cannot be held responsible for, claims arising from the publication or transmission of Users Content as defined within these Terms. We do not create such content, and We are not responsible for the publication of remarks or communications of third-parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of material that might be considered defamatory, or violative of privacy or publicity rights. Note, that federal law allows Us to remove or block any content found to be offensive, defamatory, obscene or otherwise violative of Our policies, without impacting Our status as the provider of an interactive computer service. Nothing contained in this Agreement is intended to limit or alter the immunity from claims provided by Section 230 of the Communications Decency Act, and no third parties are intended to benefit from these Terms between You and Us.
B. Information Collection and Use the Store does not rent, sell, or share Personal Information with other people or companies except to provide or offer services You have requested, when the Store has Your permission to share Personal Information under the following circumstances: (i) In response to subpoenas, court orders, discovery requests, or other legal process, or to establish or exercise its legal rights or defend against legal claims; (ii) If necessary to share information, including Personal Information, in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Store’s policies or these Terms, or as otherwise required by law; (iii) When necessary to fulfill certain services or functions related to this Website that are outsourced to third parties; or (iv) In the event of the sale, merger or acquisition of the Store’s business.
C. Confidentiality and Security
i. The Store uses commercially reasonable protections to safeguard Your Personal Information. These measures are intended to protect against the loss, misuse, or alteration of the information under our control; however, the Store cannot guarantee that our security measures will prevent parties (such as "hackers" or other bad actors) from illegally obtaining or misusing Personal Information.
ii. Although the Store takes commercially reasonable security measures to protect Your Personal Information, the Store must interact with third party servers and systems (for example, to support Your requests, provide services, and process Your transactions). The Store strives to work with only reputable third parties vendors to provide those services, yet the Store is not responsible for any acts or omissions of third parties that may result in compromising the security of Personal Information.
D. Registration and Password.
To access some of the content, information, and services at the Website, You may be required to register by providing certain information and creating a user name and password to access (or log into) the Website. You are responsible for maintaining the confidentiality of Your user name and password. You shall be responsible for all uses of Your user name(s) and password(s), and activity associated with Your account. You agree to immediately notify the Store of any unauthorized access or use of Your user name(s) and/or password(s).
E. Public Forums, Indemnification, Release & Content License From You
Any information that You disclose in public areas of this Website (or, of course, the Internet in general) may become public information. You should exercise caution when deciding to disclose any personally identifiable information in such areas. Any and all information posted or contributed to any element of the Website may be used by the Store in any manner, and the act of contributing information or other content constitutes a perpetual, royalty free, worldwide license for the Store (and its affiliates and successors) to use, reproduce, distribute, perform, display and make derivative works from such information and content. By submitting content or information to this Website, You represent and warrant that such information and content does not infringe upon or violate any person's or company's rights and that such content is legal and any and all persons shown or referenced are above the Legal Age, and You agree to indemnify, defend and hold harmless the Store, its affiliates, officers, directors, employees and contractors for any damages or liability that arise out of or related to Your contribution of content or information. You promise not to sue or make a claim against the Store or its affiliates, officers, directors, employees or contractors ("Tom of Finland Store Parties") and You hereby waive any and all claims against such Tom of Finland Store Parties for any liability or damages arising out of or related to the acts or omissions of other users or contributors to this Website.
F. Cookies; Pixel Tracking
ii. In addition to using Cookies, the Website may employ "pixel tracking", a common process which may be used in connection with advertisements on other sites. Pixel tracking involves the use of pixel tags that are not visible to the user and consist of a few lines of computer code. Pixel tracking measures the effectiveness of advertisements and compiles aggregate and specific usage statistics. A "pixel tag" is placed on certain pages of websites that is used to track an individual user's activity. We may access these pixel tags to identify activity and interests that may allow us to better match our goods, services, and other offers with Your interests and needs. For example, if You visit our Website from an advertisement on another website, the pixel tag will allow the advertiser to track that its advertisement brought You to the Website. If You visit our Website, and we link You to another website, we may also be able to determine that You were sent to and/or transacted with a third party website. This data is collected for use in our marketing and research.