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VibratingPony.com Terms of Service
Welcome to VibratingPony.com, (the “Website”). As a visitor viewing and/or using the VibratingPony.com Website (the "Website") you agree to be bound by the following Terms of Service.
This Agreement sets out the legally binding terms of your Usership in the Service and use of the Website. Your Usership may be modified by VibratingPony.com’ management staff at any point in time without prior notice and will take effect upon posting on the Website. VibratingPony.com’s acceptable use policy for the content posted on the website, VibratingPony.com’s Privacy Policy and notices regarding VibratingPony.com are included in this Agreement.
BY CLICKING “I AGREE” DURING THE REGISTRATION PROCESS, OR BY VIEWING, ACCESSING OR OTHERWISE USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO SUCH TERMS AND CONDITIONS, DO NOT REGISTER OR USE THE WEBSITE AND EXIT NOW.
I. General Terms & Conditions
A. Eligibility & Registration Requirements. In order to access the Website, you must be at least eighteen years old (or the age of majority, depending on the laws of your jurisdiction). As a condition to accessing, using, or otherwise viewing the Website, you understand and acknowledge that sexually explicit photographs, visual images, verbal descriptions and audio sounds of a sexually oriented and/or explicit nature, which could include graphic visual depictions and descriptions of nudity and sexual activity (“Content”) may be posted and made available to other Users for viewing. This content should not be accessed by anyone who is younger than 18 years old (or the age of majority, depending on the laws of your jurisdiction) or persons who are offended by such content or who does not wish to be exposed to such content.
You are voluntarily choosing to access and/or use the Website because you want to view, read and/or hear the various materials which are available for your own personal enjoyment, information and education. You believe that the content, including content of a sexual nature as described herein, is non-offensive to average adults in your community and falls within generally acceptable standards of being non-offensive and/or not obscene. In your judgment, the average adult in your community accepts the viewing or display of such Content by willing adults and does not find such Content to appeal to a prurient interest or patently offensive.
VibratingPony.com and its affiliates claim immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and Users. Nothing in this agreement is intended to waive, remove, or usurp such immunity.
B. Full Proprietary Rights in Content On Website. The Website contains the copyrighted material, trademarks, and other proprietary information belonging to VibratingPony.com and its licensors. Except for that information which is in the public domain or for which you have been given a written permission, you do not have the right to copy, publish, modify, transmit, perform, display, distribute or sell any other proprietary information appearing on the Website. Unless otherwise stated in a separate agreement between VibratingPony.com and you, as a User posting Content to any public section of VibratingPony.com, you automatically grant, and you warrant and represent that you have the right to grant to VibratingPony.com a perpetual, irrevocable, non-exclusive, fully paid, worldwide license to copy, perform, use, display and distribute such information and content and to incorporate into other works of, or prepare derivative works of such information and content, and to grant and authorize sublicenses of the foregoing.
C. Copyright Policy. You may not post, reproduce, or distribute in any way any copyrighted material, trademarks, or other proprietary information of VibratingPony.com without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please contact the Administrator of this Website at customerservice@vibratingpony.com with the following information in conformance with the Digital Millennium Copyright Act: 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 where the material that you claim is infringing is located on the VibratingPony.com Website; your address, telephone number, and email address; a written 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; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
D. Privacy. Please understand that all information submitted on the Website might potentially be publicly accessible. Important and private information should be protected by you. We are not liable for protection of privacy of electronic mail or other information transferred through the internet or any other network provider that you may use. Our Privacy Policy also governs the use of the Website.
II. Disclaimer & Limitation Of Liability
INFORMATION AND MATERIALS POSTED ON THIS SITE ARE PROVIDED FOR GENERAL REFERENCE ONLY AND ARE NOT WARRANTED TO BE FREE OF ERRORS, OTHER DEFICIENCIES OR POTENTIAL INTERRUPTIONS. IN ADDITION, THE SITE MAY BE USED BY OTHERS TO POST OTHER INFORMATION AND MATERIALS, INCLUDING CHANGES OR ADDITIONS. VIBRATINGPONY.COM GIVES NO ASSURANCE WHATSOEVER REGARDING SUCH INFORMATION OR MATERIALS. INFORMATION AND MATERIALS POSTED BY YOURSELF OR OTHERS IS CONSIDERED NON-CONFIDENTIAL. IN NO EVENT SHOULD THE AVAILABILITY OF SUCH INFORMATION AND MATERIALS BE CONSTRUED AS AN INDICATION THEY HAVE BEEN VALIDATED BY VIBRATINGPONY.COM OR REPRESENT THE VIEWS OF VIBRATINGPONY.COM. SOME LINKS IN THIS WEBSITE LEAD TO SITES MAINTAINED BY INDIVIDUALS OR ORGANIZATIONS OTHER THAN VIBRATINGPONY.COM OVER WHOM VIBRATINGPONY.COM HAS NO CONTROL. VIBRATINGPONY.COM PROVIDES THESE LINKS MERELY AS A CONVENIENCE TO YOU, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ANY ENDORSEMENT BY VIBRATINGPONY.COM OF THE LINKED SITES, THEIR CONTENT, PRIVACY POLICY OR BUSINESS PRACTICES, OR THEIR OWNERS.
VIBRATINGPONY.COM ASSUMES NO RESPONSIBILITY FOR ANY INTERRUPTION, OMISSION, ERROR, DELAY IN OPERATION, DELETION, DEFECT, COMMUNICATIONS LINE FAILURE, DESTRUCTION, THEFT OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY USER OR USERS COMMUNICATIONS. VIBRATINGPONY.COM IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE VIBRATINGPONY.COM WEBSITE OR USER OF THE SERVICE. TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, VIBRATINGPONY.COM DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE VIBRATINGPONY.COM WEBSITE OR SERVICE, ITS USE, THE RESULTS OF SUCH USE, LINKS AND LINKED SITES AND INFRINGEMENT OF COPYRIGHT OR OTHER PROPRIETARY RIGHTS OF THIRD PARTIES.
VIBRATINGPONY.COM IS NOT RESPONSIBLE FOR ANY TECHNICAL MALFUNCTIONS OR PROBLEMS OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, COMPUTER EQUIPMENT, SERVERS OR PROVIDERS, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING DAMAGE OR INJURY TO USERS AND/OR VIBRATINGPONY.COM’S USERS OR TO ANYONE’S COMPUTER RELATED TO OR RESULTING FROM DOWNLOADING MATERIAL OR PARTICIPATING IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE VIBRATINGPONY.COM SERVICE. UNDER NO CIRCUMSTANCES WILL VIBRATINGPONY.COM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE VIBRATINGPONY.COM WEBSITE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE. VIBRATINGPONY.COM CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE AND/OR THE SERVICE. THE SERVICE MAY NOT BE AVAILABLE TEMPORARILY FROM TIME TO TIME FOR MAINTENANCE PURPOSES OR OTHER REASONS. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY OR ERROR SHALL BE TO REQUEST THAT VIBRATINGPONY.COM CORRECT THE MATTER OR, IF VIBRATINGPONY.COM FAILS TO DO SO, TO DISCONTINUE USE OF THE SERVICE AT YOUR OPTION.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL VIBRATINGPONY.COM BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY EXEMPLARY, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO ANY LOST PROFITS ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF VIBRATINGPONY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH FORM OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VIBRATINGPONY.COM’S LIABILITY TO YOU FOR WHATEVER CAUSE, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT THAT IS PAID, IF ANY, BY YOU AS A USER TO VIBRATINGPONY.COM FOR THE SERVICE DURING THE TERM OF THE USERSHIP.
III. Indemnity & Hold Harmless
You agree to defend, indemnity and hold VibratingPony.com, affiliates, its subsidiaries, agents, officers, and other partners and employees, harmless from any loss, claim, liability, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Website in violation of this Agreement and/or the actual or alleged infringement of any copyright, trademark, trade name or other intellectual property rights of third parties. If You are a California resident, You waive California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
IV. Miscellaneous
A. User Disputes. Interaction between VibratingPony.com Users is your sole responsibility. VibratingPony.com reserves the right, but has no obligation, to monitor disputes between you and any other Users.
B. Binding Arbitration Of Disputes Between You and VibratingPony.com. Any dispute, claim or controversy arising out of or relating to the interpretation, construction, or enforcement of this agreement shall be determined by binding arbitration in the State of Florida before a sole arbitrator, in accordance with the laws of the State of Florida for agreements made in and to be performed in that State. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. The arbitrator shall, in the Award, allocate all of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party, against the party who did not prevail. Such arbitration shall take place in the State of Florida, county of Broward.
C. Entire Agreement. This Agreement contains the entire agreement between you and VibratingPony.com regarding the access and/or use of the Website. Failure of VibratingPony.com to enforce or exercise any right or provision of these stated in this agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in effect.
D. Termination Provisions. While using the Website services and/or are a User; this Agreement will remain in full force and effect.
E. Notifications. All notifications to VibratingPony.com by you must be submitted to customerservice@VibratingPony.com. Notifications to you shall be given to the email address you provide VibratingPony.com.
Due to confidentiality the VibratingPony.com is doing business as the VP Tradilng Group. Emails, Credit Card Receipts, shipping and tracking forms and any other communications may come from VP Trading Group to be discreet. The Vibrating Pony nor VP Trading Group holds no liability for confidentiality of any kind. |
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