TERMS OF SERVICE

OVERVIEW

This website is operated by the KinkyToy.Store (a division of 1960185 Alberta Incorporated) but we will call ourselves "Store" or the "KinkyToy.Store" in this document.  Throughout this website, the terms “we”, “us” and “our” refer to the KinkyToy.Store. 

 The Site, the Content, and access thereto are provided to you subject to your agreement to be bound by these terms of Service of use, including but not limited to all Refund & Returns, Shipping and Privacy Policies   (collectively referred to as "Terms of Service" or "terms").

 BY ACCESSING OUR WEB PAGES WHETHER OR NOT ACCESS IS CONCLUDED BY A PURCHASE TRANSACTION, YOU SHALL BE DEEMED TO ENGAGE THESE TERMS OF SERVICE AND BE BOUND CONTRACTUALLY AND OBLIGATED ACCORDINGLY AND ANY ADDITIONAL TERMS OR POLICIES  PUBLISHED OR REFERRED TO HEREIN, AND/OR AVAILABLE BY HYPERLINK.   IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS OF SERVICE OR POLICIES, DO NOT ACCESS OR USE THE SITE OR THE SERVICES.

 These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content (collectively referred to as "you" or the "user"). 

 The KinkyToy.Store grants you a limited, non-exclusive, personal, non-transferable license to access and use this Site for personal, non-commercial purposes. The KinkyToy.Store reserves all right, title and interest not expressly granted under these Terms to the fullest extent permitted under applicable laws.

 Except as expressly provided in these Terms of Service, any reproduction, copy, retransmission, distribution, sale, republication, modification, translation of or creation of derivative works based on the Site, the Content and/or the Services, in whole or in part, is strictly prohibited. You acquire absolutely no rights or licenses to the Site, the Content or the Services other than the limited right to use the Site, the Content, and the Services in accordance with these Terms of Service.

 In connection with the Site, you must not without our prior written consent:

  1. reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law;
  2. remove any copyright, trademark or other proprietary rights notice from the Site;
  3. systematically download and store the Site, the Content or the Services; or
  4. use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” 
  5. reproduce or circumvent the navigational structure or presentation of the Site.
or otherwise, gather or make an unauthorized copy of the contents herein. 
We may terminate or suspend your use of the Site, the Content or the Services immediately at any time and without prior notice, for any or no reason, including if we believe that you have violated or acted inconsistently with the provisions of these Terms of Service
 
Specific terms of Service may apply to specific Content and Services available through the Site and such specific terms are in addition to these Terms of Service and may, to the extent expressly specified therein, supersede these Terms of Service.

We reserve the right to amend, update, change or replace any part of our terms or policies, which shall become effective and binding immediately upon publication herein.  Access to or use of new features or tools included herein from time to time is subject to the terms and policies then in effect. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website constitutes acceptance of the terms and policies and amendments thereto.

 Our host, Shopify Inc., provides the online e-commerce platform we use to sell our products and services to you.

 Whenever we introduce new products or services, your use of or access to such Services will be subject to these Terms of Service unless we notify you otherwise. We reserve the right, in our sole discretion, to modify or update these Terms of Service at any time and from time to time. We will notify you of any changes to these Terms of Service by notice on this Site and your continued use of this Site after following notice of such change means that you agree to and accept these Terms of Service as amended. If you do not agree to any modifications of these Terms of Service, you must immediately stop using this Site.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 You must not transmit any worms or viruses or any code of a destructive nature.

 A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

 You understand that your content (not including credit card information), 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.

Credit card information is always encrypted during transfer over networks.

 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site 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 site is at your own risk.

 This site 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 site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

 We reserve the right at any time to modify or discontinue the 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, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

 We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

 We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

 For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

 You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third-parties.

 Third-party links on this site may direct you to third-party websites 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 websites, 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 websites. 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 9 - 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 of Service

 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 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. 

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - LIMITATION OF LIABILITY FOR PRODUCTS SOLD
The KinkyToy.Store 's warrants that the products we sell are defect free for the first 31 days following delivery to you.  Beyond that, however, we make no representations or warranties of any kind with respect to products sold. 

In no event shall KinkyToy.Store, it's owners, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to products sold, and in any event, the maximum liability for which the KinkyToy.Store will accept responsibility is limited to the purchase price paid by the customer when ordering the merchandise.

SECTION 13 - LEGAL ACTION 

Legal action brought against KinkyToy.Store shall be governed by the laws of the Province of Alberta and Canada as applicable without regard to the doctrines of conflict of law.  By completing your purchase, you give your implied consent to the Province of Alberta forming the sole and lawful jurisdiction and venue for litigation of any cause of action that may arise by use or misuse of merchandise obtained from the KinkyToy.Store.

SECTION 14 - SITE ERRORS, RIGHTS AND RESERVATIONS

Occasionally, errors in data processing or inventory updates can result in products being listed with an incorrect price.  The KinkyToy.Store reserves the right to accept or reject all offers to purchase made by our customers, and we retain the sole right to refuse or cancel orders for any reason. 

Further, you agree that any funds provided to the KinkyToy.Store by processing the credit card information provided by you shall be considered to be a good faith deposit and not as consideration to a contract for sale of merchandise to you.  In all marketplace transactions, until express acceptance of the terms of sale is made by the KinkyToy.Store or acceptance is implied by specific performance, the KinkyToy.Store shall retain the exclusive right to refuse or cancel any orders received in the normal course of business.

In the event an order is not accepted by the KinkyToy.Store but charges have been processed against a credit card provided by the customer,  the KinkyToy.Store shall cause the charges to be reversed at the earliest opportunity.  

SECTION 15 -  RIGHT TO VARY ORDERS

We will attempt to contact you at least twice if we determine that are unable to immediately provide you with a particular item or quantity of an item, and you will have the opportunity of instructing that we ship those items we have on hand immediately, with the back ordered items to be shipped later, or in the event we have on hand a similar product, you may choose to accept or reject the suggested substitute.  Or you can choose to cancel your order entirely for a full refund.  We hope you don't choose this final option.  In any event, we urge you to respond to our email as quickly as possible.  If we haven't received a response to our second email within the time set out therein, we will cancel your order and refund any amounts charged to your credit card, less a 20% restocking/handling fee for those products on hand. 

Changes to an order, including substitution or deletion of items, may result in a change to the amounts required as payment.  If additional amounts are required, we will send an amended invoice to you by email that may be paid online.  If no additional amounts are required, or if charges already processed against your credit card exceed the required amounts for payment, we will process a refund of the difference to be applied to the original credit card used in the transaction.

SECTION 16 - CREDIT CARD PROCESSING

Funding your transaction is handled by Paypal Pro, our payment processing center.  All transactions submitted to Paypal are screened using verification tools to manage risk and minimize your exposure to potential internet fraud.  These tools include Address Verification Systems that match information such as billing and delivery address, and the Card Verification Value or Card Security Code (CVV/CSC) shown on the credit card used in the purchase transaction.    Transactions are also selected on a random basis for verification, and we may be required by the processor to confirm information with you in order to approve the transaction.  If we request confirmation of any information and you do not respond within the time period set out in our requests,  we will cancel your order and refund any amounts charged to your credit card, less a 20% restocking/handling fee for those products on hand.  

SECTION 17 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site 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 Service or of any related 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 Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 18 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 In no case shall Kinky Toy Store, 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 service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, 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.

SECTION 19 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Kinky Toy Store 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 or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION 20 - SEVERABILITY

In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 21 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to access our web pages, or when you cease using our site.

 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 22 - ENTIRE AGREEMENT

The omission, deferral or failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 These Terms of Service and any policies or operating rules posted by us on this site or in respect to our webpages constitutes the entire agreement and understanding between you and us and govern your use of our webpages, 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 of Service).

 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 23 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you access to our website(s) shall be governed by and construed in accordance with the laws of Canada.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

 We reserve the right to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at admin@kinkyToy.Store.

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