Terms & Conditions
Spice Orgy LLC welcomes you to the shopping website (the "Website"). The following terms and conditions of use govern all use of the Website. The Website is operated by Spice Orgy LLC and throughout the site, the terms “We”, “Us” and “Our” refer to Spice Orgy LLC. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. The Website and the services and features offered through the Website (the "Services") are offered subject to your agreement without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Spice Orgy LLC Privacy Policy and procedures that may be published from time to time on this Website by Spice Orgy LLC (collectively, the "Agreement").
Please read this Agreement carefully before accessing, using or purchasing from the Website. By purchasing, accessing, and using any part of the Website, each user ("You", Your" or "User") agree to the terms and conditions of this Agreement. If You do not agree to all the terms and conditions of this Agreement, you should not access the Website or use any Services made available via the Website.
THESE TERMS OF USE GOVERNING YOUR USE OF THE WEBSITE INCLUDE A BINDING ARBITRATION PROVISION SET FORTH BELOW WHICH INCLUDES A WAIVER OF CLASS ACTIONS AND PROVISIONS FOR OPTING OUT OF ARBITRATION.
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 written consent by Spice Orgy LLC.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Registration and Your Account
We may require a Website user to create an account to access certain features of the Website. When You create an account to use such features of the Website, You must provide complete and correct information. You agree to maintain your information and update it as appropriate. Your registration and password information are subject to the Spice Orgy LLC Privacy Policy, which is available here.
Accuracy, Completeness and Timeliness of Information
Spice Orgy LLC is 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.
License and Site Access
Subject to Your compliance with these Terms and Conditions of Use, Spice Orgy LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website Services. This license does not include the right to any resale or commercial use of any Service or the Website contents; any collection and use of any product listings, images, descriptions, or prices; any derivative use of any Web site Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to You in these Terms and Conditions of Use or any Service Terms are reserved and retained by Spice Orgy LLC or its licensors, suppliers, rights holders, or other content providers. None of the Services, nor any part of any the Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Spice Orgy LLC.
Content and Copyright, Trademark, and Related Issues
The contents, including information, text, images and graphics and all other material contained on the Website or features and functions made available on the Website (collectively, the "Content") are for Your personal informational purposes only. The Content is owned by Spice Orgy LLC or other third parties who have licensed their rights in Content to Spice Orgy LLC. You may view or download a single copy of the Content solely for Your personal, non-commercial use. You must not delete or alter any copyright or other notice We place on any Content. Content is owned by Us or Our licensors or other users and is protected by copyright, trademark and other laws and regulations of the United States and foreign laws.
You shall not, nor will You allow any third party (whether or not for Your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Content without the express prior written consent of Spice Orgy LLC. You may not use Content in any way not expressly permitted by these Terms of Use and if You do, Your right to use the Content will automatically terminate. The Content, and the Site generally, are subject to change or termination without advance notice. Notice of any material changes to the Terms and Conditions of Use will be posted at the top of the Terms and Conditions of Use.
The trademarks, names, slogans, logos, characters and service marks (collectively "Trademarks") displayed on the Site belong to Spice Orgy LLC or have been licensed to Spice Orgy LLC. Nothing contained on the Website should be construed as granting You any license or right to use any Trademark displayed on the Website. Your use/misuse of the Trademarks displayed on the Website, except as provided in these Terms of Use, is strictly prohibited.
Intended Audience of Websites
The Website is not directed to children under the age of 13. We do not knowingly collect any personal information from children under the age of 13 without parental consent, unless permitted by law. You should not visit or use the website if you are not 13 years of age or older. If we learn that a child under the age of 13 has provided us with personal information without verified parental consent, we will take appropriate steps to delete that information in accordance with applicable laws. Spice Orgy LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Modifications to the Services and Prices
Prices for our products are subject to change without prior notice. We reserve the right at any time to modify and/or discontinue the Services (or any part or content thereof) without prior notice. We shall not be liable to you or to any third-party for any modifications, price changes, suspension or discontinuance of the Service.
Products or Service (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. To view our Return Policy, please visit here.
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 anytime without notice, at the sole discretion of Spice Orgy LLC. 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.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, and other content to the Website or send communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." We reserve the right (but not the obligation) to remove or edit such content, but We do not regularly review posted content.
If You post content or submit material, and unless We indicate otherwise, You grant Spice Orgy LLC a royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Spice Orgy LLC and its sub licensees the right to use the name that You submit in connection with such content, if they choose. You represent and warrant that You own or otherwise control all of the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not cause injury or harm to any person or entity; and that You will indemnify Spice Orgy LLC for all claims resulting from content You supply. Spice Orgy LLC has the right but not the obligation to monitor and edit or remove any activity or content. Spice Orgy LLC takes no responsibility and assume no liability for any content posted by You or any third party.
Linking/Third Party Links on Our Site
The Website may contain links to the websites of other parties. Spice Orgy LLC is not responsible for such websites’ Terms of Use or Privacy Policies or how they may treat Your information. Your use of third-party websites is at Your own risk and subject to the terms of use and privacy policies of such sites.
Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please see visit here.
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.
Returns, Refunds and Title
Spice Orgy LLC does not take title to returned items until the item arrives at the Spice Orgy LLC returns center. At Our discretion, a refund may be issued without requiring a return. In this situation, Spice Orgy LLC does not take title to the refunded item. For more information about our returns and refunds, please see here.
Limitation of Liability
The use of the Website and the Services is at Your own risk and is provided "as is." Transmissions over the Internet and communications networks are not in Our control and can never be completely secure. Accordingly, We cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the Website, including information You provide to Us or the Website.
TO THE FULLEST EXTENT PERMITTED BY LAW, SPICE ORGY LLC DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, AS TO THE WEBSITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Disputes
Any dispute or claim relating in any way to Your use of the Website or the Services will be resolved by binding arbitration, rather than in court, except that You may assert claims in small claims court if Your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions of Use as a court would.
Either party may initiate arbitration by providing written notice to the other party. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Spice Orgy LLC will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where You live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that You or We may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Law that Applies; Interpretation and Modification
You expressly agree and personally submit to the exclusive jurisdiction of the state and federal courts of the State of California to adjudicate and resolve any dispute with Spice Orgy LLC, their affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Website, including, Content or User Content. YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE STATE OF CALIFORNIA IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.
These Terms and Conditions of Use are governed by the substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect. No waiver of any of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. We may modify these Terms and Conditions of Use, including the Spice Orgy Privacy Policy, at any time and although We will generally try and provide at least 30 days’ advance notice of the effective date of any material modification, if We do not provide advance notice, the modification will take effect when We post the change on the Website. Accordingly, We urge You to check back frequently so that You are aware of the terms and conditions that apply to You.
Complete Agreement
These Terms and Conditions of Use, including the Spice Orgy LLC Privacy Policy, constitute the entire agreement between You and Spice Orgy LLC regarding the Website and the Services and supersede any and all other terms, representations, promises or discussions. Only Spice Orgy LLC has the authority to agree to amendments to these Terms and Conditions of Use, and to be considered binding, any amendments must be in writing and executed by Spice Orgy LLC.
Questions or comments regarding this Website, including reports of non-functioning links, should be submitted via our "Contact Us" page or by mail to:
Spice Orgy LLC.
Toronto, ON
Canada
SPICE ORGY LLC., MAY REVISE THESE TERMS OF USE BY UPDATING THIS POSTING AT ANY TIME WITHOUT ANY PRIOR NOTICE.