AGREEMENT BETWEEN USER AND JED DISTRIBUTORS, LLC
This Web site (the "Site") is offered to you by JED Distributors, Llc., 29 Bedford Street, Suite A, Wyandanch, NY 11798, (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.
PERSONAL AND NON-COMMERCIAL USE
This Site, including all information, text, graphics and code (collectively "Content"), is copyrighted and protected by worldwide trademark, trade dress, copyright and other intellectual property laws and treaty provisions (Copyright © 2005 JED Distributors, Llc its suppliers. All rights reserved.) Simply For Lovers, simply4lovers.com, simplyforlovers and other names of JED Distributors, Llc.'s products and/or services referred to on the Site are trademarks or registered trademarks of Simply For Lovers Corporation. Other product and company names mentioned on the Site are the trademarks of their respective owners unless otherwise specified.
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.
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 JED Distributors, Llc..
- you are buying for your own use and not for resale.
- 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.
18 U.S.C. 2257 COMPLIANCE NOTICE
All models, actors, actresses and other persons that appear in any visual depiction of actual sexual conduct appearing or otherwise contained in Simply4Lovers.com(the "website") were over the age of eighteen years at the time of the creation of such depictions. All other visual depictions displayed on this website are exempt from the provision of 18 U.S.C. §2257 and 28 C.F.R. 75 because any of said visual depictions which appear to be of sexually explicit conduct is merely simulated. With respect to all visual depictions displayed on this website, whether of actual sexual conduct, simulated sexual content or otherwise, all persons in said visual depictions were at least 18 years of age when said visual depictions were created. Simply4lovers.com is not the primary producer (as that term is defined in 18 USC §2257 and 28 C.F.R. 75 or subsequent case law defining such) of any of the visual content contained in the Website. The original records required pursuant to 18 U.S.C. §2257 and 28 C.F.R. 75 for the materials contained in this website are kept by the Custodian of Records for each of the primary producers.
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.
NOTICES
Except as explicitly stated otherwise, notice to the Company must be given by postal mail to
JED Distributors
Attention: Legal Department
P.O. Box 1012
Wyandanch, NY 11798
and notice to you may be given by an e-mail sent to the address you provided (if any) or by a general notice posted on the Site. E-mail notice shall be deemed given 24 hours after the e-mail is sent. Postal notice shall be deemed given 3 days after the date of sending.
