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Terms & Conditions of Use

Terms and Conditions

Welcome to www.couplesplaythings.com (the “Site”). DNC Enterprises, Inc. (“Couples Playthings,” "we," "us") provides the Site. Please read the following terms and conditions of the Couples Playthings Online Service Agreement (the "Agreement") carefully. By using the Site, you signify your agreement to the terms of this Agreement. If you do not agree to this Agreement, please do not use this Site.  Couples Playthings reserves the right, in its sole discretion, to modify, alter or otherwise update this Agreement at any time. You will be notified of changes to this Agreement via a notation next to the link to the Agreement from the main page of the Site stating that the Agreement is new. The last date on which the Agreement was updated will always appear at the bottom of the Agreement. By continuing to use this Site after changes to this Agreement are posted, you agree to these modifications, alterations and/or updates.. All references to Couples Playthings in this Agreement and in any documents incorporated by reference shall include the www.couplesplaythings.com website, its directors, officers, employees, consultants, shareholders, agents, vendors, and attorneys as applicable. Access to Couples Playthings is restricted to the individuals 18 years of age and older. 

Please also review the Privacy Policy, Shipping policy, and Orders, Cancellations & Returns policy of this Site, which is incorporated into this Agreement by reference.

18 years and older

This Site is intended solely for viewing by an adult audience. By continuing to view any material contained within this Site, you are stating and acknowledging that: You are an adult over the age of 18, or over the age of majority in your jurisdiction, whichever is older. You will not allow anyone under the legal age of 18 or the age of majority in your jurisdiction, whichever is older, to have any access to materials contained within. You are voluntarily continuing to view this Site and will be exposed to material of an adult nature. If you are not comfortable with this, please close this page. 

Legal Compliance

The Site, items available for sale on the Site, or some content of the Site, may not be legal to access or purchase in some jurisdictions. Use of the Site is unauthorized in any jurisdiction where all or any portion of the Site may violate any legal requirements, and you agree not to access the Site in any such jurisdiction. Access to these materials from territories where their contents are illegal is prohibited; if you choose to access these materials from such a territory, you are responsible for compliance with local laws and regulations.

Copyright

All content included on this Site, including but not limited to text, graphics, logos, button icons, images, audio clips, and software, is the property of Couples Playthings or its content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of Couples Playthings and protected by U.S. and international copyright laws. All software used on this Site is the property of Couples Playthings or its software suppliers and protected by U.S. and international copyright laws and/or patent laws. 

Trademarks  

The Couples Playthings mark, along with all related graphics, logos, mottos and service names, are trademarks of Couples Playthings. These, along with any other trademarks, service marks and logos used and displayed on the Site are registered and unregistered trademarks of Couples Playthings or its licensors. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Site, without the prior written permission of Couples Playthings. Couples Playthings aggressively enforces its intellectual property rights to the fullest extent of the law. Fair use of Couples Playthings' trademarks requires proper acknowledgment. Nevertheless, Couples Playthings trademarks may not be used in connection with any product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Couples Playthings. Other product and company names mentioned in the Site, if any, may be the trademarks of their respective owners. All trademarks not owned by Couples Playthings that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Couples Playthings. 

Use of Site  

The Site and all content on the Site may not be reproduced, duplicated, copied, sold, resold, republished, uploaded, posted, transmitted, distributed, mirrored, framed, or otherwise used or displayed, used for the creation of derivative works, or exploited for any commercial purpose without express written permission by Couples Playthings; except that Couples Playthings grants you a non-exclusive, non-transferable, limited and revocable permission to access and display the Web pages within the Site, for your personal, non-commercial (unless you have a business relationship with Couples Playthings) use of the Site. You must retain all copyright and other proprietary notices displayed on the materials contained in the Site. You may not use any "deep-link," "page-scrape," "robot," "grabber," "spider," or any other program, algorithm or methodology, automatic device which accomplishes the same things, in order to access, copy, acquire, or monitor any portion of this Site. Any use of the Site which results in the depletion of Site infrastructural resources is prohibited. You may not interfere with the functioning of the Site or with other users’ use of the Site in any way, including but not limited to modification of the Site; attempting to gain access to unauthorized portions of the Site; enabling high volume, automated, electronic processes that apply to the Site or its systems, the content of the Site or any portion or derivative thereof; or attempting to gain access to other accounts, computer systems or networks connected to the Site, whether through hacking, password mining, or any other means. When you use the Site for an authorized purpose, you should include all proprietary notices without changing or hiding them. Couples Playthings further grants you a limited, nonexclusive and revocable right to create a hyperlink to the Site so long as the link does not portray Couples Playthings, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter. These permissions are conditioned on your not modifying the content displayed on this Site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth on the Site.

You may not use the Site in a manner that violates any local, state, national, foreign or international statute. You may not use the Couples Playthings name, trademarks, services marks or logos in any meta tags or any other “hidden text”; use data mining, robots, spiders, crawlers, scrapers or similar automated or non-automated data gathering or extraction methods; or compile, repackage, disseminate or otherwise use data extracted from the Site.

Couples Playthings and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including and without limitation, if Couples Playthings believes that customer conduct violates applicable law or is harmful to the interests of Couples Playthings and its affiliates. Your failure to comply with the terms, conditions, and notices on this Site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, Couples Playthings does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.

Reviews, comments, stories  

Couples Playthings enables users to post reviews, comments, stories and other content to the Site ("Submissions"). No Submission may contain any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. Such disallowed Submissions include, but are not limited to, Submissions depicting child pornography, rape, snuff, torture, death, violence, or incest, racial slurs or hate speech. No Submission may contain the personal information of any third party, including but not limited to home address, personal email address, or home telephone number, if not a matter of public record; or any Social Security numbers, other government-issued identifying numbers, or financial account numbers whatsoever. No Submission may contain spam, viruses, Trojans, worms, or other harmful content designed to damage or control the Site or the computer or other internet access device of other visitors to the Site. No Submission may contain advertising, spam, junk mail, or other marketing materials; or any sweepstakes, contest, lotteries, or other gambling content. By posting a Submission, you grant Couples Playthings and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivatives works from, distribute and display such Submission throughout the world using any media now known or in the future created. By submitting your name with any Submission, you expressly grant Couples Playthings and its affiliates and sub-licensees the right to use the name that you have submitted, and you represent and warrant that you have not submitted the name of another individual. You further represent and warrant that your posting of a Submission, as well as any future usage, reproduction, modification, adaptation, publishing, translation, creation derivatives works from, distributing and displaying of the Submission by Couples Playthings or its licensees will not infringe upon or violate the rights of any third parties. You further represent and warrant that the holder of any rights, including, but not limited to, moral rights to such content, has completely and effectively waived all such rights and validly and irrevocably granted you the authority to grant the license as described above. You also permit any subscriber to access, display, view, reproduce and store such Submission for personal use. Subject to the foregoing, the owner of any Submission placed on the Site retains any and all rights that may exist in such Submission. Couples Playthings does not and cannot review all Submissions; however, should you post a Submission to the Site that violates any of the foregoing, you may be banned from the Site. In addition, Couples Playthings reserves the right to delete any Submission at any time for any reason.

Disclaimer of Warranty 

This site is provided by Couples Playthings on an "as is" basis. Couples Playthings makes no representations or warranties of any kind, express or implied, as to the Site, the operation of the Site or the information, content, materials, or products included on this Site. To the full extent permissible under applicable laws, Couples Playthings disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Couples Playthings does not guarantee or warrant that Couples Playthings is free of viruses or other code containing destructive properties. You are responsible for implementing reasonable measures to prevent the loss of code or data belonging to you. WITHOUT LIMITATION, COUPLES PLAYTHINGS MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, CORRECT, COMPLETE, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THIS SITE WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT IF YOU OBTAIN MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

Couples Playthings will not be liable for any damages of any kind arising from the use of this Site, including, but not limited to DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS SITE OR ANY USE OF THIS SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF [COMPANY] IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Content Disclaimers

Couples Playthings does not assume any responsibility for your use of Couples Playthings. The information contained in Couples Playthings may change rapidly. The information contained in Couples Playthings may be out of date, and may contain incorrect or incomplete information, or typographical errors. Couples Playthings does not make any expressed or implied warranties, representations, or endorsements, including any warranties of title or non-infringement of third parties' rights, or implied warranties, of warranties of merchantability and fitness for a particular purpose with regard to any information or merchandise provided by or through Couples Playthings, except as otherwise specified by Couples Playthings. Couples Playthings does not warrant the accuracy, timeliness or usefulness of any information or merchandise provided by or through Couples Playthings. Couples Playthings is not liable to anyone for any act or omission taken in reliance upon any information provided by Couples Playthings. You agree to fully defend and indemnify Couples Playthings from any legal action arising out of your illegal uses of Couples Playthings and/or its products or services. Couples Playthings may contain links to websites operated by other parties. Other websites may provide a hypertext link to Couples Playthings. Couples Playthings is not responsible for the content or performance of those websites. Couples Playthings does not operate or control those websites, and does not endorse or warrant any information, products or services provided through those websites. Couples Playthings is not responsible for the content of any Submission. Couples Playthings does not endorse any Submission posted to the Site by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Couples Playthings expressly disclaims any and all liability in connection with Submissions. 

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 the Site were over the age of eighteen years at the time of the creation of such depictions. All other visual depictions displayed on this Site 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 Site, 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. CouplesPlaythings.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 Site. The original records required pursuant to 18 U.S.C. §2257 and 28 C.F.R. 75 for the materials contained in this Site are kept by the Custodian of Records for each of the primary producers. 

 Disputes

You agree that this Agreement and your use of the Site are governed by the laws of the State of Iowa, without regard to conflict of law principles. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Cedar Rapids, Iowa, in all disputes arising out of, relating to, or concerning the Site and/or this Agreement. Use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Couples Playthings has endeavored to comply with all legal requirements known to it in creating and maintaining the Site, but makes no representation that materials on the Site are appropriate or available for use in any particular jurisdiction. Use of the Site is unauthorized in any jurisdiction where all or any portion of the Site may violate any legal requirements, and you agree not to access the Site in any such jurisdiction. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

Questions

If you have any questions regarding this Agreement, please contact us at customerservice@couplesplaythings.com. Or, please send mail to DNC Enterprises, Inc., 1220 Cardinal Drive, Marion, IA 52302

 

Last Updated: July 7, 2016