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Terms and Conditions

By accessing, viewing, using or ordering from the vibrator.com website (www.vibrator.com), referred to herein as the "Website"), owned and operated by Acme Media LLC or by becoming a Subscriber or a Member (as those terms are further explained below), you acknowledge that you have read and understood the following Terms of Service. These terms may be changed or modified at any time and any such changes shall be posted here on (or, when possible, before) the date such changes become effective.

1. Privacy
2. Information Security Concerns
3. Age and Consent
4. Electronic Communications
5. Copyright
6. Conduct
7. Disclaimer
8. Returns and Exchanges
9. Affiliates
18 U.S.C. §2257 Compliance Notice

1. Privacy

ACME MEDIA, LLC ("Acme") respects the privacy of all our viewers, visitors, users, Subscribers and Members. To become a Subscriber, simply submit your email address to us here or on home page. Subscribers will receive certain selected emails from Acme, as explained further, below and will receive the Website's newsletter, free of charge. To become a Member, you will provide us with certain personal information and you can sign up here. If you make any purchase on the Website, you will automatically become a Member. As a Member, you will also receive certain selected emails from Acme (as explained further, below), you will receive the Website's newsletter, free of charge and you will be eligible for certain special prizes, promotions and contests. You can always cancel your Membership or your Subscription by going here

Acme's policy provides that we do not rent or sell your name, your address, your email address or any other personal information we have about you to another company. However, certain non-identifying information, anonymous information (i.e., age, sex, regional location, etc.) may be shared with third parties on an aggregate basis.

Acme may, however share both personal and anonymous information with companies or individuals we engage to help us perform the services offered through this Website. For example, we may share with packaging or shipping agents, computer service providers and credit card payment processors any information necessary to conduct our business in normal course. Such companies and individuals will only be permitted to use your personal information in the performance of their assigned jobs.

Although Acme's policy is not to rent or sell our users' information, from time to time, we make the names, email addresses and postal addresses of our Members and Subscribers available to other organizations whose products or services we think our Members and Subscribers might find interesting. If you prefer that such information not be shared, you may exercise that option by going here.

In special cases, we may disclose personal information when we believe it is necessary to prevent injury to the property or rights of Acme or to any of our users or to third parties or when required by law or court order. We will disclose account and other personal information when we believe that disclosure is necessary to comply with the law, to enforce or apply our Terms of Use or other policies or user agreements or to protect the rights, property or safety of our business, our customers or others.

Acme does not make or send unsolicited phone calls, email or postal mail. Emails are automatically sent to confirm your order, notify you about backorders and supply you with the tracking number for your shipment.

From time to time we may send out promotions or contests to our Members and Subscribers. If you ever receive any contact from us that you do not want, please email Customer Service with information about the contact so that we can make sure it doesn't happen again.

We automatically receive and collect certain types of information whenever you visit our Website stores. For example, like many other websites, we use "cookies" and obtain certain types of information when your web browser accesses our Website. This information includes the Internet Protocol (IP) address of your computer, your browser software and operating system, your web server, the date and time you access our Website, session information (such as download errors and page response times), information about your viewing, search and purchase history and information about the referring URL and the URL click stream to, through and from our Website. We use this information to monitor the usage and performance of our site, to enhance our customers' search and shopping experiences and to determine aggregate information about our user base and usage patterns.

This Website contains links to other sites. However, Acme is not responsible for the privacy practices of such other sites and this policy does not apply to such linked sites. We encourage our users to be aware of this when they leave this Website and to read the privacy policies of other sites they visit.

All catalogs and orders are shipped in plain packaging with "Acme Media LLC" as the sender. All charges made to your credit cards/checking account will be made by Acme Media LLC.

By using our Website you consent to the collection, use and disclosure of information in accordance with the terms of this privacy policy. We reserve the right to modify or amend this policy at any time which modifications or amendments will be conspicuously posted on this Website. We may also send you an email describing any such modifications or amendments, so that you are always aware of the information that we collect, how we use it and under what circumstances we disclose it. Unless we clearly state otherwise, the changes to our privacy policy will affect only the information we collect after the effective date of the change.

2. Information Security Concerns

When you place an order online, your personal information and credit card or debit card information is encrypted using certain encryption technology (as discussed below), before such information is sent over the Internet. We use this encryption technology to prevent your information from being stolen or intercepted while being transferred to us. Your credit card information is always stored in encrypted form in a restricted-access database that cannot be accessed from the Internet, to keep it secure and safe from hackers or other third parties.

We use industry-approved encryption software called Secure Sockets Layer ("SSL"). SSL technology will ensure that only encrypted (i.e., scrambled) information is being transmitted between secure sites, pages or other locations, as explained more fully, below.

When you are about to submit personal information on a web page -- like your name, address or credit card number -- it's easy to find out whether you are in a secure environment; if you use a Netscape browser, look at the bottom left-hand corner of the screen for a little key icon. If the key is solid, not broken, your order information is secure. If it's broken, you are on a page that is not secure and you should not enter sensitive information on that page. For Internet Explorer users, a small padlock appears in the lower right-hand corner of the web browser window. If the padlock is locked, not open, your order information is secure. If it's open, then you are on a page that is not secure and you shouldn't enter sensitive information on that page.

Even in a secure environment, there is always a possibility, however remote, that the information could be the target of hackers or other unauthorized third parties. Acme uses the best industry-standard controls and privacy tools available to it, in an effort to protect your information and your privacy.

3. Age and Consent

By accessing, viewing or ordering from www.vibrator.com, you acknowledge the following:

  1. That you are 18 years of age or older. This Website is intended solely for viewing by an adult audience. If you are under the age of 18, you are prohibited from accessing this Website.
  2. That the services you access, the information you view and the products you order are not in any way unlawful in your state, province, country, municipality or other jurisdiction.
  3. That you consent to view sexually explicit material. You are voluntarily continuing to view this Website and you agree that you will be exposed to material of an adult nature. If you are not comfortable with this, please close this page.
  4. That, by consenting to view sexually explicit material, you waive any future right to take legal action against Acme Media LLC or its affiliates based on your decision to access this material.
  5. That you agree not to distribute information you receive from the Website to those under the age of 18 or those who would be violating the law by accessing such material in their jurisdiction. You will not allow anyone under the legal age of 18 to have any access to materials contained within.

 

4. Electronic Communications

When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive electronic communications from us. Generally, we will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically, will satisfy any legal requirement that such communications be in writing.

We send all new Subscribers and Members a welcoming email. For Members, this email will provide you Membership account information, and verify your password and username. Established Members will occasionally receive information on products, services, special deals and a newsletter, unless such Members have opted out of such services. To opt out of this service, click here. We may also send our Members, Subscribers or users Website and service announcement updates. Service announcements that contain necessary and important information about our services, or changes to the terms of such services, will be sent to all users. We also communicate with our users via email to answer questions sent to us by a given user, to provide requested services and with regard to other issues relating to a user's account.

We may offer and/or co-sponsor contests, sweepstakes and games on the Website. Each of these activities shall be governed by specific rules accessible from the website offering the promotion, contest, sweepstakes or game, as the case may be. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information in this regard. Information requested may include contact information (such as name and shipping address) and demographic information (such as ZIP code and age). Contact information will be used to notify the winners and award prizes. By law, we are required to post the names of contest winners; please be aware of this prior to entering into any of our contests. Survey information will be used for purposes of monitoring or improving the use of this Website and the users' satisfaction.

5. Copyright

All content on this Website, including without limitation, any text, graphics, logos, button icons, images, audio clips and software, is the property of Acme Media LLC or its content suppliers and protected by all applicable U.S. and international copyright laws. The collection, arrangement and assembly of all content on this Website, unless indicated otherwise, is the exclusive property of Acme and protected by all applicable U.S. and international copyright laws. All software used on this Website is the property of Acme or its software suppliers and protected by all applicable U.S. and international copyright laws. The reproduction, modification, distribution, transmission, republication, display or performance of the content on this Website by any party other than Acme, is strictly prohibited. You may not upload, post, reproduce or distribute in any manner, any of the content on the Website, without obtaining permission of the owner of the copyright or other proprietary right. We respect the intellectual property of others and we require our users to do the same. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please notify us immediately.

All other trademarks, product names and company names and logos appearing on the Website are the property of their respective owners. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by Acme. Acme Media LLC and its affiliates reserve the right to refuse service, terminate accounts and/or cancel orders at its discretion, including, without limitation, any situation wherein Acme believes that customer conduct violates or may violate applicable law or is harmful to the interests of Acme Media LLC and its affiliates.

By posting or sending us any data whatsoever ("Submission"), you hereby grant Acme Media LLC and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display any such Submission throughout the world in any media and for any reason or purpose. You also grant Acme Media LLC and its affiliates the right to use the name you submit in connection with such Submission.

By posting or sending us a Submission, you represent and warrant that you own or otherwise control all of the rights to the content in your Submission, that the content you provide is accurate and that use of the content in your Submission does not violate this policy and will not cause injury to any person or entity. You agree to indemnify Acme Media LLC and its affiliates against all claims and liabilities resulting from your Submission. Acme does not take any responsibility and assumes no liability for any Submission posted by you or any other person or entity.

6. Conduct

Any conduct by you that, in the sole discretion of Acme Media, LLC, restricts or inhibits any other user from using or enjoying the Website will not be permitted. You agree to use the Website only for lawful purposes. You are prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent or 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 local, state, national or international law.

ANY AGRESSIVE OR ABUSIVE BEHAVIOR WITH CUSTOMER SERVICE STAFF WILL CAUSE CUSTOMERS TO BE BLOCKED FROM ALL FUTURE PURCHASES. WE RESERVE THE RIGHT TO BLOCK ANY CUSTOMERS FROM ALL FUTURE PURCHASES FOR BEHAVIOR THAT ACME DEEMES unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent or racially, ethnically or otherwise objectionable.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, and use of the Website or access to the Website.

You agree not to access the Website by any means other than through the interface that is provided by us for use in accessing the Website.

We may elect to electronically monitor areas of the Website and may disclose any content, records or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect our rights or property or the rights of the users, sponsors, providers, licensors or merchants. We are not responsible for screening, policing, editing or monitoring such content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from the Website.

We may terminate your access or suspend your access to all or part of the Website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider or us.

7. Disclaimer

You expressly agree that Acme Media LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages resulting from your use of this Website in any way.

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

These terms are effective until terminated by Acme. If you no longer agree to be bound by the Terms of Use, you must cease using the Website. You acknowledge and agree that any termination of your access to the Website may be effected without prior notice and further acknowledge and agree that Acme may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or to the Website. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Website.

8. Returns and Exchanges

For sanitary purposes, once an item is received it can not be returned. Only defective products will be accepted for exchange.Upon receipt, please ensure the items are correct and in working order. If there is a problem with your order please use the "Contact Us" form to receive a Return Merchandise Authorization (RMA) number and further instructions on how to return your merchandise. All returns must be pre-authorized. We will credit or exchange for defective items only (or for any shipping errors made by us). If an item is returned as defective and found to be in working order, it will be subject to a 20% handling fee. Please return all items in their original packaging within 30 days to the address provided when your RMA is authorized. Items returned without original packaging will not be refunded. Vibrator.com has the right to refuse a return based on condition of the item or packaging. Electronic media products (DVD's and video tapes) and liquid products (oils, lubes, toy cleaners, bath and body products) cannot be returned. If you have further questions or problems, please Contact Us.

In your return package please include:
    * The original (or a copy of) the packing slip
    * A note briefly explaining the problem
    * A note stating whether you would like a credit, replacement or an exchange for another item
    * If you would like an exchange, please indicate the item you would like in exchange

Please allow up to 3 weeks to receive your replacement, exchange or refund.

Out-of-pocket shipping costs incurred by the customer will be credited only in the event that an item is defective or if fulfillment errors are made. Exchange items will be shipped via UPS standard service or USPS at no extra charge. Please obtain a tracking number from a shipping carrier when sending a return. We cannot be held responsible for lost returns.

If a package is refused by the customer and returned to Acme Media, the full cost of the order will be credited back to the customer minus shipping charges.

9. Affiliates

Vibrator.com has an attractive multi tier affiliate program that will make you money! You can start earning commissions today on all the sales that you refer to us from your website.

We pay you an outstanding 20% every sale that is generated from our banner placed on your site. This is an easy way to make extra money every month.

Notice: We do NOT tolerate ANY SPAM, or sending unsolicited emails. Affiliates who send SPAM will NOT BE PAID and will be PERMANENTLY BANNED from our affiliate program, no questions asked. If you are a spammer, do not waste your time, because you will not be paid for spam email sales!

We will provide you with many banners to choose from. We grant you a nonexclusive, revocable right to use those graphic images and text for which we give our affiliates permission, solely for the purpose of identifying your site as an affiliate program participant and to assist in generating unique clicks back to our site.

We will pay you referral fees based on the unique clicks that purchase. For each unique purchase, you will receive 20%. You may not use the links on your site for your own use or for resale or commercial use of any kind. Customers who make use of our affiliate program will be deemed customers of Acme Media LLC. You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site.

We will pay your referral fees on a monthly basis. On the 15th of the month, providing your amount due is over $50.00 USD, you will be paid via check, Paypal or bank to bank EFT. If your amount due is under the minimum $50.00 your balance will be transferred onto the next month's payment.

But it doesn't stop there. Vibrator.com will also pay you for every referral on every approved affiliate you send to us. Here is what we offer:
  • For every approved affiliate we will pay you an additional 5%.
  • For every customer rebuy, you continue to earn money for the lifetime of the cookie.

The terms of this Agreement will begin upon your acceptance of this affiliate program and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause or advanced notice.

WE MAY MODIFY ANY OF THESE TERMS AND CONDITIONS AT ANY TIME AND IN OUR SOLE DISCRETION, WITHOUT NOTICE. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU MAY CHOOSE TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM WILL CONSTITUTE A BINDING ACCEPTANCE OF THE CHANGES. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.

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 www.vibrator.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 such 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. Acme Media, LLC 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.

 
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