1. Services
Seksme grants You a non-exclusive, non-transferable, revocable license to use the Services, for Your personal use only, in accordance with these Terms. We reserve all rights that we do not expressly grant in these Terms. Seksme reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof, including the availability of any feature or Content) with or without notice at any time. You agree that Seksme shall not be liable to You or to any third party for any modification, suspension, termination or discontinuance of the Service. Without limitation of any of our other rights or remedies at law, in equity or under these Terms, we may terminate Your license to use the Services, in whole or in part, without providing any refund if we determine, in our sole discretion, that You have breached or violated any of the provisions of these Terms. 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 without prior written permission from us.2. Age of Consent
By using the Seksme website or by placing an order at Seksme, You declare that You are of the appropriate legal age to use the Services and to purchase the items. If we discover that You are not legally entitled to use our Services and order certain goods, we will revoke Your license to use the Services and we will not be obliged to accept Your order.3. Purchasing the Seksme Hands On Experience Box Set
3.1 Contract Formation
All orders made by You through the Seksme website to purchase a Seksme Hands On Experience Box Set are subject to acceptance and availability. We may choose not to accept Your order for any reason. The price of the Box Set is correct at the time of entering information, however, we reserve the right to change the price without prior notice (although we will inform You if any such price change affects Your order). For the avoidance of doubt, no contract will exist between You and Seksme for the sale of the Seksme Hands On Experience Box Set by Seksme to You unless and until Seksme sends You an e-mail confirming that it has dispatched Your product.3.2 Acceptance of Your order
Please note that completion of the online checkout process does not constitute Seksme’s acceptance of Your order. Our acceptance of Your order will take place only when we dispatch the product(s) that You ordered from us. If You supplied us with Your email address when entering Your payment details (or if You have a registered account with us), we will notify You by email as soon as possible to confirm that we have received Your order. During the checkout process, You will be asked to complete Your payment details. All fields indicated as compulsory must be completed. Please note that we will collect and store Your information, using an encrypted secure payment mechanism and will only use Your information in accordance with our Privacy Policy. All card payments are subject to authorisation by Your card issuer and we take payment when we accept Your order shortly before dispatch. If Your payment is not received and You have already received the products You ordered from us, You must pay for the products or return those products to us in accordance with reasonable return instructions that we provide to You and in the same original unopened plastic packaging at Your own expense. If You do not do this within 30 days of the date on which we cancel Your order, we may collect or arrange for collection of the products at Your expense. We reserve the right to charge You for any and all damage to (or other adverse interference with) any products that are the subject of an unpaid order. If Seksme cannot supply You with the product or service You ordered, we will not process Your order, inform You of this in writing (including e-mail) and, if You have already paid for the product or service, refund You in full as soon as reasonably possible.3.3 Payments
We only accept payments in US Dollars (USD). The Seksme Hands On Experience Box Set is currently available to customers based in the United States only. We accept all major debit and credit cards including MasterCard / Visa / American Express / Diners Club / Discover / JCB / UnionPay as well as PayPal payments.3.4 Cancellation
To cancel a contract in accordance with Your legal right to do so, You just need to let us know that You have decided to cancel. Please see our Returns Policy for more information.3.5 Registration to Member’s Area and Your Account
In order to use the Members’ Area section of the website, You must have a valid Account. To acquire an Account for the Service, You must provide Seksme with an electronic mail address and other information (“Registration Data”). You are responsible for maintaining the confidentiality of the access data for Your Account, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Seksme of any unauthorized use of Your Account or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Seksme cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. In consideration of use of the Service, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Service’s registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Any abusive sharing of member login access detected will result in all related accounts being instantly banned. We reserve the right to delete any dormant account after 2 years of non-activity.4. The Seksme online store
4.1 Purchasing products through our webshop
All orders made by You through the Seksme Store within our Members’ Area will be fulfilled by Amazon.com*, or any merchant selling on Amazon.com, and are subject to acceptance and availability. You will buy the items directly from the sellers, not from Seksme. Prices of products are set by Amazon.com or any other seller of Amazon.com; Seksme do not have any influence on the prices shown on our website. Prices are exactly the same for You if Your purchase is through our links or if You purchase directly through Amazon. This means You will not pay more by clicking through to our links. For the avoidance of doubt, no contract will exist between You and Seksme for the sale of any product in our Store: Your contract will be with Amazon.com. Seksme will not make any commission for the purchases made through the Seksme Store.4.2 Returning products You purchased through our webshop
Returning the items You purchased through our webshop in our Members’ Area could not be any simpler: all refunds are handled directly by Amazon.com*, so You can rest assured that Your refund will be processed as quickly and efficiently as possible. For further information on the returns policies please read our Delivery and Returns Policy.5. Proprietary rights
Any material found within the pages of Seksme, including text or graphics, photographs, images, artwork, and the contents, design, layout, functions, appearance and other intellectual property may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for Your own personal non-commercial use. You hereby agree not to adapt, alter or create any derivative work from any of the material contained in this site. In addition, the material cannot be used for any other purpose other than for Your own personal and non-commercial use.6. Disclaimers and limitations of liability
(a) You assume all responsibility and risk for Your use of the Services. The Services, including any products, are provided “as is” without representations or warranties of any kind, either express or implied, including warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose.
(b) While we make good faith efforts to include substantially accurate information in the Services, errors or omissions may occur. If we receive notice of errors or omissions, we will make reasonable efforts to correct them in due course; but we make no representations or warranties regarding the accuracy, completeness, performance, currency, or fitness for a particular purpose of the Services, that the services will meet Your requirements, or as to the results that will be derived from using any of the information included in the Services.
(c) In no event shall Seksme or its affiliates be liable for any indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with Your use of, delay in using, or inability to use the Services. Our liability for any direct damages shall be limited to the amount of fees You have paid for the Products giving rise to such liability.
(d) You assume all responsibilities and obligations with respect to any decisions, advice, conclusions or recommendations made or given as a result of the use of the Services, including without limitation any decision made or action taken by You in reliance upon products.
(e) Seksme assume no responsibility for any injury or damage incurred while performing any activities inspired or identified by Your use of the Services. Please refer to our Disclaimer, and our Product Instructions within the Members’ Area of the website on how to play responsibly.
7. Proper use
You agree to use this site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party, such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site. Seksme does not claim ownership over any User Content submitted on or through the Service. Your User Content belongs to You. To the extent You choose to share any of Your User Content with other users of the Service, You agree to allow these users (i.e. only the users You specify) to view Your User Content and, to the extent applicable, collaborate with You and Your User Content. You understand that all User Content is the sole responsibility of the person from which such User Content originated. This means that You, and not Seksme, are entirely responsible for all User Content that You upload, post, transmit or otherwise make available via Your Account. Seksme takes no responsibility for any third-party Content or User Content (including, without limitation, any viruses or other disabling features), nor does Seksme have any obligation to monitor such third-party Content. Seksme reserves the right at all times to remove or refuse to distribute any Content on the Service, such as Content which violates these Terms and Conditions. Should User Content be found or reported to be in violation with, but not limited to, the following terms, it will be in Sekmse’s sole discretion as to what action should be taken. You agree that You will not:(a) upload, post, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) use the Services so as to impersonate any person or entity, falsely state or otherwise misrepresent Your affiliation with a person or entity or provide inaccurate information;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;
(e) upload, post or otherwise transmit any User Content that You do not have a right to transmit under any law or under contractual or fiduciary relationships;
(f) upload, post or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
(g) upload, post, or transmit unsolicited commercial email or “spam”. This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam”, including but not limited to (a) sending mass email to recipients who haven’t requested email from You or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting Your site by posting multiple submissions in public forums that are identical;
(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(j) intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
(k) “stalk” or otherwise harass another;
(l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
(m) offer for sale or sell any item, good or service;
(n) exceed the scope of the Service that You have signed up for; for example, accessing and using the tools that You do not have a right to use, or having humans share User logins, or deleting, adding to, or otherwise changing other people’s comments or User Content as an Account holder. If any user is reported to be in violation with the letter or spirit of these Terms, Seksme retains the right to terminate such account at any time without further warning.
