LAST UPDATED: May 19, 2021
PLEASE READ THESE TERMS AND CONDITIONS (THE “TERMS”) CAREFULLY AS THEY DESCRIBE THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AND SERVICES MADE AVAILABLE AND/OR PROVIDED BY COMMERCE FROG LLC, A WYOMING LIMITED LIABILITY COMPANY, AND/OR ITS SUBSIDIARIES AND AFFILIATES ( HEREINAFTER “COMPANY”, “MY SEX TOY GUIDE”, “WE”, “OUR” OR “US” ).
SECTION 1 – OVERVIEW
ACCEPTANCE OF THESE TERMS
These Terms govern the use of the website located at https://www.mysextoyguide.com (the “Website”), including all services provided through the Website, your use of interactive features, applications, content, downloads and/or other services that we own and control and that post a link to these Terms (each individually, a “Service” and collectively the “Services”). These Terms apply to all users of the Website, including without limitation users who are browsers and/or contributors of content. Visiting our Website constitutes your electronic signature on this agreement (the “Agreement”) and your consent to execute this Agreement electronically.
By visiting our Website, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, (2) you represent that you are eighteen (18) years of age or older (or otherwise the age of majority under the laws of your state, province or country), and (3) you represent that you have the authority to enter into this Agreement. If you do not agree to all terms and conditions of this Agreement, or if you do not have such authority, you must not accept this Agreement or access the Website or Services.
To the extent there is a conflict between this Agreement and any additional agreement you have signed with Company (an “Additional Agreement” or “Additional Terms”), this Agreement will control unless the Additional Agreement expressly states otherwise.
Any new features or tools which are added to the Website or Services shall also be subject to this Agreement. You can review the most current version of the Terms at any time on this page: (https://mysextoyguide.com/terms-of-service/ ).We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website or Services following the posting of any changes constitutes acceptance of those changes.
Throughout these Terms, You and Company may be referred to individually as the “Party”, or collectively, the “Parties”.
ACCEPTANCE OF PRIVACY POLICY
By using the Website or any Service, you acknowledge and accept our privacy policy located at https://www.mysextoyguide.com/privacy-policy/ (the “Privacy Policy”) and consent to the collection and use of your data in accordance with the Privacy Policy.
ADVICE DISCLAIMER
Company does not provide legal, accounting, investment, tax, medical, or personal advice. Any representation or implication to the contrary is expressly disclaimed. You should consult your own legal, accounting, investment, tax, and medical experts before using our Website, any Service, or products we review.
SECTION 2 – ADULT CONTENT
By using this Website, you acknowledge and understand that the materials presented on the Website may include explicit visual, audio, or textual content that is meant only for individuals who are eighteen (18) years of age or older (hereinafter “Adult Content”). You acknowledge that you are familiar such Adult Content and that you are intentionally and knowingly seeking access to such Adult Content.
SECTION 3 – GENERAL CONDITIONS
We reserve the right to refuse access to our Website to anyone for any reason at any time.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
- Restrict, suspend or terminate your access to all or any part of our Website;
- Change, suspend or discontinue all or any part of our Website;
- Refuse, move, or remove any content that is available on all or any part of our Website;
- Establish general practices and limits concerning use of our Website.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Website may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices.
You understand that any content submitted by you, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website or any contact on the Website, without express written permission by us.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. Company content is not for resale. Use of the Website does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Company or our licensors except as expressly authorized by these Terms or under a separate licensing agreement.
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
SECTION 5 – MODIFICATIONS TO THE SERVICE
All content on the Website is subject to change without notice. We reserve the right at any time to modify or discontinue any Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification or discontinuance of our content or Services.
SECTION 6 – THIRD-PARTY LINKS
Certain content and services available via our Website may include materials from third-parties.
Third-party links on this Website may direct you to third-party sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or sites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party sites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 7 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments‘), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 8 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Website or on any related website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information on the Website or on any related website, except as required by law. No specified update or refresh date applied on the Website or on any related website, should be taken to indicate that all information on the Website or on any related website has been modified or updated.
SECTION 9 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other sites, or the Internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.
SECTION 10 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of Website will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the products we review or Website will be accurate or reliable.
You expressly agree that your use of, or inability to use, our Website or the products discussed on it, is at your sole risk. Our Website and its content is provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied.
In no case shall Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Website or any products reviewed on the Website, or for any other claim related in any way to your use of the Website or any product reviewed on the Website, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
YOU ASSUME ALL ASSOCIATED RISKS WITH THE PURCHASE OF ANY PRODUCTS REVIEWED ON THE WEBSITE. YOU MUST ADHERE TO ALL LOCAL, STATE, AND FEDERAL LAWS AND ORDINANCES DURING THE USE OF ANY PRODUCT OR SERVICE. DETERMINING THE NATURE OF THESE LAWS AND ORDINANCES IS YOUR RESPONSIBILITY.
SECTION 11 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 12 – SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 13 – TERMINATION
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Website, or when you cease using our Website.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this Agreement at any time without notice; and/or accordingly may deny you access to our Website (or any part thereof).
SECTION 14 – WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or rules posted by us on this Website or in respect to the Website constitutes the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 15 – AGREEMENT OF LIABLE PARTIES
You agree and acknowledge that any legal proceeding brought as a result of using our Website, will be brought solely against Company. You agree, acknowledge, and otherwise release any and all other parties from any liability. You agree and acknowledge that no officer or employee of Company is liable in any way for any claim that arises from using our Website or purchasing a product reviewed on our Website.
SECTION 16 – GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services or content shall be governed by and construed in accordance with the laws of the State of Wyoming.
Any judicial proceeding against Company shall be brought before a State or Federal Court in the State of Wyoming.
SECTION 17 – CHANGES TO TERMS OF SERVICE
AS OUR CONTENT AND SERVICES EVOLVE, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER SUCH CONTENT OR SERVICES MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING SUCH CONTENT OR SERVICES UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU USE OUR WEBSITE OR A SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF ANY CONTENT OR SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS.
Therefore, you should review the posted terms of use and any applicable Additional Terms each time you visit the Website. The Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms (and any applicable Additional Terms) that applied when you previously used the Website will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised, or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the Website for notices, and you agree that the means set forth in these Terms are all reasonable manners of providing you with notice. You can reject any new, revised or Additional Terms by discontinuing use of the Website.
SECTION 18 – GOVERNMENT REQUESTS
In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by the terms of our Privacy Policy.
SECTION 19 – FOREIGN ACCESS OF SITE
The Website is controlled, operated and administered by Company from our offices within the USA. If you access the Website from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Company’s content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
SECTION 20 – SERVICE CONTENT, OWNERSHIP, LIMITED LICENSE AND RIGHTS OF OTHERS
The Website contains a variety of: (i) materials and other items relating to Company and its Services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Services, and the compilation, assembly, and arrangement of the materials of the Services and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of Company (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively, “Content”).
The Website (including past, present, and future versions) and the Content are owned or controlled by Company, our licensors and/or certain other third parties. All right, title, and interest in and to the Content available on or through the Website is the property of Company or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Company owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Website.
Subject to your strict compliance with these Terms and any Additional Terms, Company grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content; and (ii) may be immediately suspended or terminated for any reason, in Company’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.
When using any Service, you must respect the intellectual property and other rights of Company and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. If you believe that your work has been infringed by means of an improper posting or distribution of it on or through any Service, then please see the Copyright Notifications Section below.
SECTION 21 – COPYRIGHT NOTIFICATIONS
Company will remove infringing materials in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that any material infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Company in writing. Your notice must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of the material that you claim to be infringing, and a description of where the material that you claim is infringing is located on the Website, sufficient for Company to locate the material;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you fail to comply with these notice requirements, your notification may not be valid.
Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
Allegations that other intellectual property right is being infringed should be sent to [email protected].
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
SECTION 22 – CONTACT INFORMATION
Questions about the Terms should be sent to us at:
www.mysextoyguide.com
