Terms and Conditions
NiteTimeToys Terms & Conditions
Acceptance of Terms
The NiteTimeToys website is made up of various websites and web pages that are
owned and operated by NTT LLC., 44 Bedson Rd., Cranston, RI 02910
("NTT") (collectively, the "Websites"). The following Terms
of Use ("Terms") govern your use of the Websites. Read these terms
carefully before you ("You") accept these Terms by: (a) placing an
order through NTT or (b) otherwise using the Websites.
Additionally, the Websites may themselves contain additional terms, codes of
conduct or guidelines that govern use of those websites, including without
limitation, particular features or offers (for example, free trials,
sweepstakes or chat areas). In the event that any of the Terms contained herein
conflict with any additional terms contained within any Website, then these
Terms shall control. Your use of the Websites constitutes Your Agreement to the
Terms and any additional terms.
These Terms are entered into by and between NTT and You. Any reference herein
to NTT shall be deemed to refer to NTT and/or the Websites, as applicable under
the circumstances. The products offered for sale or rent and other on-line
resources accessible via the Websites, are provided to You, subject to these
Terms. Unless explicitly stated otherwise, the Terms will govern Your use of
any new features that augment or enhance the Websites.
NTT, and any third-party providers of content to the Websites, may make
improvements and/or changes to the Websites including the products, programs,
services and prices that are offered or described on the Websites, at any time,
without prior notice. In addition, NTT does not warrant that the products
offered on the Websites are available to be shipped to all customers or that
product descriptions or other content of the Websites is accurate, complete,
reliable, current or error-free. If a product offered on the Websites is not as
described, Your sole remedy is to return the product in unused condition.
LEGAL AGE
You
acknowledge that the Websites contain sexually oriented adult material intended
for individuals 21 years of age or older, or of legal age to view sexually
explicit material as determined by the local and national laws of the region in
which You reside. You agree not to enter the Websites if you are not 21 years
of age, or if you are not of legal age to view adult content or posses adult
toys as determined by the local and national laws of the region in which You
reside, or if sexually oriented adult material offends you, or if you are
accessing the Websites from any community or country where adult material is
specifically prohibited by law.
All models that appear on this Website are over the age of 18 years. This site
is compliant with 18 U.S.C. §2257.
Modification to Terms of
Use
NTT reserves the right to update or modify these Terms and, any additional
terms, codes of conduct or guidelines, without prior notice. You are
responsible for regularly reviewing these Terms and Your continued use of the
Websites constitutes Your agreement as to all such updated or modified terms.
Intellectual Property Rights
Nitetimetoys.com is a registered trademarks of NTT.
Unless otherwise indicated, all information, images, text, messages,
illustrations, graphics, logos, designs, icons, photographs, programs, data,
software, music, sound, video, or other materials that are part of the Websites
(collectively, the "Content") are protected by copyrights,
trademarks, service marks, publicity rights, or other proprietary rights and
laws owned, controlled or licensed by NTT or by third parties (the "Third
Party Providers") who have provided materials to NTT, and these rights are
valid and protected in all forms, media and technologies, existing now or
hereinafter developed. All Content is copyrighted as a collective work under
the U.S. copyright laws, and NTT owns a copyright in the selection,
coordination, arrangement, and enhancement of such Content.
Except as set forth herein, none of the Content may be copied, reproduced,
framed, modified, removed, sold, distributed, republished, downloaded,
displayed, posted, transmitted, or otherwise exploited, in whole or in part, in
any form or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording, or otherwise, without the prior express
written permission of NTT or the Third Party Provider. No part of the Websites
may be reproduced or retransmitted in any way, or by any means, without the
express written permission of NTT. You also may not, without NTT prior express
written permission, "mirror" any of the Content contained on the
Websites on any other server.
NTT is committed to respecting others' intellectual property rights, and we ask
our users to do the same. NTT may, in its sole discretion, terminate the
accounts or access rights of users who infringe or otherwise violate others'
intellectual property rights. If You believe that Your work has been copied in
a way that constitutes copyright infringement on the Websites, please contact
us.
Nothing on the Websites shall be construed as conferring any license under any
of NTT or any Third Party Provider's intellectual property rights, whether by
estoppel, implication, or otherwise. You acknowledge sole responsibility for
obtaining any such licenses.
Permission is granted to display, copy, distribute and download NTT Content on
the Websites for Your personal, non-commercial use only, provided You do not
modify the materials and that You retain all copyright notices, trademark
legends, and other proprietary rights notices contained in the materials. This
permission terminates automatically if You breach any of these Terms. Upon
termination, You must immediately destroy any downloaded and printed materials.
The Content on the Websites may be used only as a shopping or rental resource.
The Content may not be redistributed to any minor, to any person who may find
the Content personally offensive, or to any person who resides in any community
or country where adult material is specifically prohibited by law. Any
unauthorized use of any Content contained on the Websites may violate copyright
laws, trademark laws, the laws of privacy and publicity, and communications
regulations and statutes.
NTT has not independently authenticated content provided by Third Party
Providers in whole or in part. NTT does not provide, sell, license, rent or
lease any of the Content other than those specifically identified as being
provided by NTT.
Your Conduct
You agree to use the Websites only for lawful purposes. You are prohibited from
posting on or transmitting through the Websites any Content that violates or
infringes anyone's intellectual property rights (including copyrights,
trademarks, trade secrets, patents, publicity rights or, to the extent
protectable, confidential ideas) or that is obscene, obscene as to minors,
child pornography, defamatory, racist, lewd, lascivious, filthy, excessively
violent, harassing, or otherwise deemed by NTT to be harmful or objectionable,
or that intentionally or unintentionally violates any applicable local, state,
national or international law, or any regulations having the force of law.
Disclaimer on Medical Issues
No article, commentary, advice or any other content on the Websites is or should be construed as a substitute for professional medical advice. The Websites are not designed to, and do not provide medical advice. All content on the Websites are for general informational purposes only. This content is not intended to be a substitute for professional medical advice, diagnosis or treatment. You agree to never disregard professional medical advice, or delay seeking it because of anything you read on the Websites.
ALLERGIES AND ASSUMPTION OF RISK
Some people have been known to have an allergic reaction to some products sold by the Websites, and without limitation, you agree to assume all risk associated with using any of the products on the Websites, and you also agree to assume this risk if you choose to use any of the AdultToy.com products with a third party.
Comments, Communications
and Other Content
All comments, communications, ideas, and other content disclosed, submitted or
offered to NTT on or by the Websites or otherwise disclosed, submitted or
offered in connection with Your use of the Websites (collectively, the
"Comments") shall be and remain NTT property. Such disclosure,
submission or offer of any Comments shall constitute an assignment to NTT of
all worldwide rights, titles and interests in all copyrights and other
intellectual properties in the Comments. Thus, NTT will own exclusively all
such rights, titles and interests and shall not be limited in any way in its
use, commercial or otherwise, of any Comments. NTT is and shall be under no
obligation (1) to maintain any Comments in confidence; (2) to pay user any
compensation for any Comments; or (3) to respond to any user Comments. You
agree that no Comments submitted by You to the Websites will violate any rights
of any third party, including copyright, trademark, privacy or other personal
or proprietary right(s). You further agree that no Comments submitted by You to
the Websites will be or contain libelous or otherwise unlawful, abusive or
obscene material. You are and shall remain solely responsible for the content
of any Comments you make.
Links
The Websites may provide, or third parties may provide, links to other Internet
sites or resources. Because NTT has no control over such sites and resources,
You acknowledge and agree that NTT is not responsible for the availability of
such external sites or resources, and does not endorse and is not responsible
or liable for any content, advertising, products, or other materials on or
available from such sites or resources. NTT will not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such content, goods or
services available on or through any such site or resource.
The Websites may be linked to other websites that are not under the control of
and are not maintained by NTT. NTT is not responsible for the content of those
sites. NTT is providing these links to You only as a convenience, and the
inclusion of any link to such sites does not imply endorsement by NTT of those
sites.
Indemnification
Without limitation, you agree to indemnify and hold NTT and its officers,
directors, employees, affiliates and suppliers harmless from any claims,
losses, or damages, including legal fees, resulting from the use or misuse of
any and all products purchased on the Websites.
You agree that you are not a city, county, state or official federal law enforcement officer, foreign official, or inspector for the U.S. Postal Service, and not entering this site for the purpose of entrapment, or ordering adult material as evidence for the prosecution of, or harassment of any individual or organization.
You agree you have not notified the US Postal Service or any Other Governmental Agency to intercept sexually explicit material. Further you agree by entering the Websites that the material contained herein is not obscene or offensive in any way nor could ever be construed to be so. You also agree that the material presented here is not illegal or considered obscene within in my town, borough, village, community, city, state, province or country. Further you agree at no time, will minors be subjected to said material of any kind purchased or viewed on the AdultToy.com Website
You agree to indemnify and hold NTT, and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of the use of the Websites.
Disclaimer of Warranties
YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED BY NTT
ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNLESS OTHERWISE
EXPLICITLY STATED, THE CONTENT ON THE WEBSITES IS PROVIDED "AS IS",
"WITH ALL FAULTS," AND IS FOR COMMERCIAL USE ONLY. NTT DISCLAIMS ALL
EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND,
INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NTT MAKES NO REPRESENTATIONS,
WARRANTIES, CONDITIONS OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH,
ACCURACY OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON THE WEBSITES. NTT
MAY MAKE AVAILABLE ON THE WEBSITES CONTENT AVAILABLE FOR DOWNLOADING THAT HAS
BEEN SUBMITTED BY THIRD-PARTY USERS OF THE WEBSITES. ANY QUESTIONS REGARDING
THE CONTENT SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH CONTENT. IN NO EVENT
WILL NTT OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE
CONTENT OR INFORMATION FROM THE WEBSITES.
NTT MAKES NO WARRANTY OR CONDITION THAT: (i) THE WEBSITES WILL MEET YOUR
REQUIREMENTS, (ii) THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES
WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE WEBSITES SOFTWARE
WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES
IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NTT OR
THROUGH OR FROM THE WEBSITES WILL CREATE ANY WARRANTY OR CONDITION NOT
EXPRESSLY STATED IN THE TERMS. NTT EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE
TERMS.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, NTT IS NOT LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE,
GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC
ADVANTAGE (EVEN IF NTT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT
(INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE,
ARISING OUT OF OR RELATED TO: (i) THE USE OF OR THE INABILITY TO USE THE WEBSITES;
(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 WEBSITES; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICES, INCLUDING CONTENT YOU MAY DOWNLOAD, USE,
MODIFY OR DISTRIBUTE FROM THE WEBSITES.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR
EQUIPMENT USED IN CONNECTION WITH THE WEBSITES AND WILL NOT MAKE A CLAIM
AGAINST NTT FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST
PROFITS RESULTING FROM THE USE OF THE CONTENT.
YOU AGREE TO HOLD NTT HARMLESS FROM, AND YOU COVENANT NOT TO SUE NTT FOR, ANY
CLAIMS BASED ON USING THE WEBSITES, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL
BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. Some jurisdictions do not
allow the exclusion or limitation of incidental or consequential damages, so
the above limitation or exclusion may not apply to You.
Privacy Policy
NTT respects Your desire for privacy. NTT Privacy Policy can be found at on the
main page. By using the Websites, You are consenting to the processing of Your
data by NTT and consenting to the terms of our Privacy Policy. If we decide to
make any significant change to that policy, we will post the revised policy
prominently on the Websites or otherwise bring it to Your attention, so that
You are always aware of what we do with Your information.
Site Security
You are prohibited from violating or attempting to violate the security of the
Websites, including, without limitation, (a) accessing data not intended for
such user or logging onto a server or an account which You are not authorized
to access; (b) attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures without proper
authorization; (c) attempting to interfere with service to any user, host or
network, including, without limitation, via means of submitting a virus to the
Websites, overloading, "flooding," "spamming,"
"mail-bombing" or "crashing;" (d) sending unsolicited
email, including promotions and/or advertising of products or services; or (e)
forging any TCP/IP packet header or any part of the header information in any
email or newsgroup posting. Violations of system or network security may result
in civil or criminal liability. NTT will investigate occurrences that may
involve such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting users who are involved in such violations. You agree
not to use any device, software or routine to interfere or attempt to interfere
with the proper working of the Websites or any activity being conducted on the
Websites. You agree, further, not to use or attempt to use any engine,
software, tool, agent or other device or mechanism (including without
limitation browsers, spiders, robots, avatars or intelligent agents) to
navigate or search the Websites other than the search engine and search agents
available from NTT on the Websites and other than generally available third
party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
Termination of Use
NTT, in its sole discretion, may terminate Your password, Your account, Your
use of any of the on-line resources available on the Websites, and remove and
discard any Content on the Websites, for any reason, including, without limitation,
for lack of use or if NTT believes that You have violated or acted
inconsistently with the letter or spirit of the Terms. Any termination of Your
access to the Websites under any provision of the Terms may be effected without
prior notice, and NTT may immediately de-activate or delete Your account and
all related information and files in Your account and/or bar any further access
to such files or to the Websites. Further, NTT will not be liable to You or any
third-party for any termination or suspension of Your Account or Your access to
the Websites.
General Information
The Terms constitute the entire agreement between You and NTT and govern Your
use of the Websites, superseding any prior agreements between You and NTT
(including, but not limited to, any prior versions of the Terms). You also may
be subject to additional terms and conditions that may apply when You use other
NTT services, third-party content or third-party software. You must not assign
or otherwise transfer either the Terms or any right granted hereunder.
Any breach of the Terms will result in irreparable harm to NTT for which
damages would be an inadequate remedy and, therefore, in addition to its rights
and remedies otherwise available at law, NTT will be entitled to equitable relief,
including both a preliminary and permanent injunction, if such a breach occurs.
You waive any requirement for the posting of a bond or other security if NTT
seeks such an injunction.
Rhode Island law and controlling U.S. federal law govern any action related to
the Terms. No choice of law rules of any jurisdiction apply. You and NTT agree
to submit to the personal and exclusive jurisdiction of the courts located
within the county of Kent, Rhode Island.
NTT controls and operates the Websites from its headquarters in Kent County,
Rhode Island, United States of America, and makes no representation that this
Content is appropriate or available for use in other locations. If You use the
Websites from other locations, You are responsible for compliance with
applicable local laws including but not limited to the export and import
regulations of other countries.
The U.S. export control laws regulate the export and re-export of technology
originating in the United States. This includes the electronic transmission of
information and software to foreign countries and to certain foreign nationals.
You agree to abide by these laws and their regulations including, but not
limited to, the Export Administration Act and the Arms Export Control Act and
not to transfer, by electronic transmission or otherwise, any Content derived
from the Website to either a foreign national or a foreign destination in
violation of such laws.
The failure of NTT to exercise or enforce any right or provision of the Terms
does not constitute a waiver of such right or provision. If a court of
competent jurisdiction finds any provision of the Terms to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties intentions as reflected in the provision, and the other provisions of
the Terms remain in full force and effect. REGARDLESS OF ANY STATUTE OR LAW TO
THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF
THE SERVICES OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR
CAUSE OF ACTION AROSE OR BE FOREVER BARRED. The section titles in the Terms are
for convenience only and have no legal or contractual effect.
These Terms represent the entire understanding relating to the use of the
Websites and prevail over any prior or contemporaneous, conflicting, or
additional, communications.
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