Terms and Conditions
Welcome to NaughtyLoveToys.com. The NaughtyLoveToys.com website, NaughtyLoveToys.com mobile and iPad apps, and our mobile NaughtyLoveToys.com site are collectively the “NaughtyLoveToys.com Properties” and each individually is a “NaughtyLoveToys.com Property.” By using any NaughtyLoveToys.com Property and its related services, products, and software, you agree to be bound by these terms and conditions (“Terms”). You also accept the Terms when you create an account, make a purchase as a guest, or log in to any NaughtyLoveToys.com Property. Additional or separate terms may apply to your interactions with other NaughtyLoveToys.com websites, and to your use of individual services or features available on a NaughtyLoveToys.com Property, such as reviews. To the extent that the provisions of any additional terms conflict with these Terms, the provisions of the additional terms will govern. References to “NaughtyLoveToys.com,” “our,” “we,” or “us” may refer to NaughtyLoveToys.com and their affiliates, subsidiaries, and designees. We may make changes to any NaughtyLoveToys.com Property and the Terms. It is your responsibility to review the Terms for updates or changes. If you do not agree with the Terms, you should not use the NaughtyLoveToys.com Properties.
Use of the NaughtyLoveToys.com Properties
You may use the NaughtyLoveToys.com Properties for your personal, noncommercial use only. You may not use any NaughtyLoveToys.com Property if you are under the age of 18.
Information on Our Site
We try to be as accurate as possible with the information we present on the NaughtyLoveToys.com Properties. We will make reasonable efforts to accurately display the attributes of the products we sell. We do not warrant that product descriptions or other content is accurate, complete, or error free. Prices and promotions are subject to change, and may vary from those offered in our stores. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, sometimes an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.
Paying for Your Order
Generally, we’ll charge your payment method for an item when you place your order.
Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provide to us. If we cancel an order or part of an order that we’ve already charged you for, we’ll refund you the full amount of the canceled portion of the order.
All content included on or comprising the NaughtyLoveToys.com Properties, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and NaughtyLoveToys.com owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not remove or modify any copyright, trademark or other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The NaughtyLoveToys.com logo and other trademarks on the NaughtyLoveToys.com Properties are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by NaughtyLoveToys.com and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
User Generated Content: Reviews, Comments, Communications, and Other Content
You may interact with the NaughtyLoveToys.com Properties in numerous ways, including Reviews and Ratings, videos, Questions and Answers, Community Forums, testimonials, and email communication. You hereby grant NaughtyLoveToys.com a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via email or phone) or materials you share with us throughout the world in any media, including when you allow NaughtyLoveToys.com to feature text, images and videos shared through social media (e.g., Facebook™, Twitter™, Instagram™, Pinterest™) or submitted through our Reviews and Ratings. You also grant us the right to use the name and social media handle that you use when you share content with us in connection with that content. When you share content to us, you will disclose any affiliation you have and you will not share anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.
Disclaimers and Limitation of Liability
NaughtyLoveToys.com PROVIDES THE NaughtyLoveToys.com PROPERTIES AND ALL INFORMATION, CONTENT, AND OTHER MATERIAL MADE AVAILABLE THROUGH THE NaughtyLoveToys.com PROPERTIES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY NaughtyLoveToys.com PROPERTY WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.
ANY WARRANTY ON ANY PRODUCT SOLD THROUGH A NaughtyLoveToys.com PROPERTY IS PROVIDED BY THE MANUFACTURER OF THAT PRODUCT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NaughtyLoveToys.com WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF ANY NaughtyLoveToys.com PROPERTY OR ANY PRODUCT OR SERVICE PURCHASED THROUGH A NaughtyLoveToys.com PROPERTY. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH A NaughtyLoveToys.com PROPERTY OR NaughtyLoveToys.com GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS OR MALICIOUS MISCONDUCT, OR FRAUD.
Links to Third-Party Websites
Certain software or other materials (“Software”) that you may obtain through the NaughtyLoveToys.com Properties may be further subject to export controls. You will comply with all applicable export and re-export restrictions, laws, and regulations, and you will not transfer, or encourage, assist, or authorize the transfer of any Software to a prohibited country or otherwise in violation of any restriction, law, or regulation.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to not share your account credentials with others. You may use the NaughtyLoveToys.com Properties only for lawful purposes. Activities including, but not limited to, tampering with any NaughtyLoveToys.com Property, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on the NaughtyLoveToys.com Properties are prohibited.
You may not violate or attempt to violate the security of the NaughtyLoveToys.com Properties, including by, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using any NaughtyLoveToys.com Property for unintended purposes or trying to change the behavior of any NaughtyLoveToys.com Property; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to any NaughtyLoveToys.com Property, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or (f) forging communications on behalf of NaughtyLoveToys.com (impersonating NaughtyLoveToys.com) or to any NaughtyLoveToys.com Property (impersonating as a legitimate user). You may not send unsolicited or unauthorized email on behalf of NaughtyLoveToys.com, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Terms. You may not use any device, software or routine or data to interfere or attempt to interfere with the proper working of any NaughtyLoveToys.com Property or any activity being conducted on any NaughtyLoveToys.com Property. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any NaughtyLoveToys.com Property other than the search engine and search agents we provide and generally publicly available browsers.
Dispute Resolution by Binding Individual Arbitration
ANY DISPUTE INVOLVING YOU AND NaughtyLoveToys.com OR ANY OF ITS AGENTS SHALL BE RESOLVED THROUGH INDIVIDUAL ARBITRATION, EXCEPT AS OTHERWISE NOTED BELOW.
“Dispute” shall be interpreted broadly and include any claim or controversy arising out of or relating in any way to your relationship with NaughtyLoveToys.com and its subsidiaries, affiliates, and designees whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. This includes (1) the My NaughtyLoveToys.com® program; (2) In-Home Consultations; (3) use of NaughtyLoveToys.com’s websites; (4) any service terms and conditions; and/or (5) any products or services offered, sold, or distributed by NaughtyLoveToys.com including, but not limited to, the advertising of or the sales practices for such products and services. Dispute shall also include all disputes that arose before your enrollment in the My NaughtyLoveToys.com® program and after the cancellation or termination of the My NaughtyLoveToys.com® program, including any claims that are the subject of a purported class action litigation.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE DISPUTES. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY, LESS DISCOVERY, AND LIMITED APPELLATE REVIEW. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD.
YOU AND NaughtyLoveToys.com AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THIS MEANS THAT YOU MAY NOT PURPORT TO ACT ON BEHALF OF A CLASS OR ANY OTHER PERSON. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party to the arbitration proceeding. Further, unless both you and NaughtyLoveToys.com agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court determines that public injunctive relief may not be waived and all appeals from that decision have been exhausted, then the parties agree that any claim for public injunctive relief shall be stayed pending arbitration of the remaining claims. If this specific paragraph is found to be unenforceable, then the entirety of this dispute resolution provision (except for the jury trial waiver) shall be null and void.
NOTWITHSTANDING ANY OF THE FOREGOING, ANY DISPUTE THAT FALLS WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT SHALL BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS. IN ADDITION, EITHER PARTY MAY ELECT TO BRING AN ACTION IN A COURT OF COMPETENT JURISDICTION TO SEEK TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.
If for any reason a claim may proceed in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.
This dispute resolution section shall be governed by the Federal Arbitration Act. It shall survive any termination or cancellation of, or your participation in, the Program. Any amendments to this dispute resolution section shall be prospective only and shall not affect any pending arbitration proceeding.
THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF MINNESOTA), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES AGAINST NaughtyLoveToys.com.
Termination of Use
We may, in our sole discretion, terminate your account or your use of the NaughtyLoveToys.com Properties at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of any NaughtyLoveToys.com Property at any time without prior notice.