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Terms of Use
Please read the following terms and conditions of HELLOFUNTOYS™ Online Service Agreement carefully before using this website. By accessing the information on HELLOFUNTOYS™ site, you confirm that you understand, accept and agree to be bound by the terms and conditions of this Agreement. If you do not wish to accept these terms and conditions, you must not use this website. We may at any time, at our sole discretion, update and revise this Agreement by posting an amended Agreement on this website; any changes that we make to this Agreement will be effective immediately upon posting. Access to HELLOFUNTOYS™ is restricted to the individuals 18 years of age and older.
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OVERVIEW
This website is operated by Ovsonet Ltd.
Throughout the site, the terms “we”, “us” and “our” refer to Ovsonet Ltd.
Ovsonet Ltd offers this website, including all information, tools and services
available from this site to you, the user, conditioned upon your acceptance of
all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our
“Service” and agree to be bound by the following terms and conditions (“Terms
of Service”, “Terms”), including those additional terms and conditions and
policies referenced herein and/or available by hyperlink. These Terms of
Service apply to all users of the site, including without limitation
users who are browsers, vendors, customers, merchants, and/ or contributors of
content.
Please read these Terms of Service carefully before accessing or using our
website. By accessing or using any part of the site, you agree to be bound by
these Terms of Service. If you do not agree to all the terms and conditions of
this agreement, then you may not access the website or use any services. If
these Terms of Service are considered an offer, acceptance is expressly limited
to these Terms of Service.
Any new features or tools which are added to the current store shall also be
subject to the Terms of Service. You can review the most current version of the
Terms of Service at any time on this page. We reserve the right to update,
change or replace any part of these Terms of Service by posting updates and/or
changes to our website. It is your responsibility to check this page
periodically for changes. Your continued use of or access to the website
following the posting of any changes constitutes acceptance of those changes.
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.
SECTION 1 - ONLINE STORE TERMS
This website is intended solely for
viewing by an adult audience. By continuing to view any material contained
within this website, you are stating and acknowledging that: You are an adult
over the age of 18. You will not allow anyone under the legal age of 18 to have
any access to materials contained within. You are voluntarily continuing to
view this site and will be exposed to material of an adult nature. If you are
not comfortable with this, please close this page. By agreeing to these Terms
of Service, you represent that you are at least the age of 18.
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.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not
signify our acceptance of your order, nor does it constitute confirmation of
our offer to sell. Ovsonet Ltd reserves the right at any time after receipt of
your order to accept or decline your order for any reason. Ovsonet Ltd reserves
the right at any time after receipt of your order, without prior notice to you,
to supply less than the quantity you ordered of any item. We may require
additional verifications or information before accepting any order.
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 anytime 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.
Inventory information
We do not keep all merchandise in inventory, in our warehouses. We cannot
guarantee that a product listed as "In Stock" will actually ship
right away, as inventory can change significantly from day to day. In rare
cases, a product may be in stock when you place your order, and sold out by the
time your order is processed. If any selected merchandise is temporarily out of
stock, your credit card will be refunded, or any out of stock items will be
shipped immediately when received from the manufacturer at no additional cost.
Back-orders (Out-Of-Stock Items)
Back-ordered merchandise includes items that are not currently in stock. In
most cases, these items are on order from the manufacturers. When we receive
the product, we notify you by email and ship it to you promptly. Back-ordered
products usually come into stock within one to four weeks but can occasionally
take longer. If your order is not ready to ship within 30 days, we will send
you an update by email. If, for any reason, we determine that a back-ordered
item will no longer be available, we will notify you immediately by email, and
cancel the item from your order. A refund for back-ordered items will be
applied to your credit card within 1 business day.
Processing Time
Your order is thoroughly reviewed by our Credit Card Department to ensure that
the order is accurate, the payment method is valid, and you are authorized to
use this payment method. Once your order has passed the rigorous review by our
Credit Card Department, it is sent to our warehouse for shipment.
Please note, credit card processing can take up to 3 business days (depending
on the accuracy of the information given to us by the customer). Further, for
security reasons, voice confirmation may be required before we can process your
credit card for payment.
Total time for delivery
Total time is based on the amount of time it takes to get payment
authorization, order processing, and the transit time from the carrier. This
can range from 24 hours to 14 days for in-stock items.
Customs and Import Duties Information
Orders may be subject to import duties and/or taxes upon reaching the destination
country. Any additional charges are the responsibility of the addressee as
Ovsonet Ltd has no control over any foreign duty or additional taxes charged.
Customs policies vary widely from country to country; you should contact your
local customs office for further information. Additionally, you are considered
the importer of record and must comply with all laws and regulations of the
country in which you are receiving the products. It is your responsibility to
know the laws of your country and community as they apply to adult products. We
will not be held responsible nor will we issue credit for items seized by the
customs service of any country.
Please note that order shipments returned to Ovsonet Ltd due to failure to pay
import taxes or custom duties may be subject to a 25% restocking fee.
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 Return 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
Ovsonet Ltd enables its users to post
reviews, comments, stories and other content to the site. By posting reviews,
comments, stories or other content to the site, you grant Ovsonet Ltd and its
affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully
sub-licensable right to use, reproduce, modify, adapt, publish, translate,
create derivatives works from, distribute and display such reviews, comments,
stories or other content throughout the world using any media. By submitting
your name with any review, comment, story or other content to Ovsonet Ltd, you
expressly state that you grant Ovsonet Ltd and its affiliates and sub-licensees
the right to use the name that you have submitted. You further state and
warrant that your posting of reviews, comments, stories and other content to
Ovsonet Ltd site as well as any future usage, reproduction, modification,
adaptation, publishing, translation, creation derivatives works from,
distributing and displaying will not infringe upon or violate the rights of any
third parties. You further state and warrant that the holder of any rights,
including, but not limited to, moral rights to such content, has completely and
effectively waived all such rights and validly and irrevocably granted you the
authority to grant the license as described above. You also permit any
subscriber to access, display, view, store and reproduce such content for
personal use. Subject to the foregoing, the owner of such content placed on
Ovsonet Ltd site retains any and all rights that may exist in such content.
Copyright complaints
Ovsonet Ltd and its affiliates respect the intellectual property of others. If
you believe that your work has been copied in a way that constitutes copyright
infringement, please contact us in writing at: Ovsonet Ltd., P.O. BOX 1152 ,
Worth, IL 60482 ; or via email at support@hellofuntoys.com.
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. To view our Privacy
Policy.
Registration and Password
You are responsible for maintaining the confidentiality of your information and
password. You shall be responsible for all uses of your registration, whether
or not authorized by you. You agree to immediately notify Ovsonet Ltd of any
unauthorized use of your registration or password.
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). If your credit card has already been charged for the purchase and
your order is canceled, we shall immediately issue a credit to your credit card
account in the amount of the charge.
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- RISK OF LOSS
All items purchased at www.HELLOFUNTOYS.com are being shipped in accordance with a carrier's shipping contract. This means that the risk of loss and the title to such items is going to be passed to a purchaser upon our delivery to a carrier.
SECTION 13 - 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 14 - 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 Ovsonet Ltd, 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 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Ovsonet Ltd 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 16 - 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 17 - 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 use our Services, 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 also may 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 18 - ENTIRE AGREEMENT
The failure of 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 The Service constitutes the entire agreement and understanding
between you and us and govern your use of the Service, 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 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of UK.
SECTION 20 - COMPLIANCE NOTICE
All models, actors, actresses and other persons that appear in any visual depiction of actual sexual conduct appearing or otherwise contained in www.HELLOFUNTOYS.com (the "website") were over the age of eighteen years at the time of the creation of such depictions. All other visual depictions displayed on this website are exempt from the provision of 18 U.S.C. §2257 and 28 C.F.R. 75 because any of said visual depictions which appear to be of sexually explicit conduct is merely simulated. With respect to all visual depictions displayed on this website, whether of actual sexual conduct, simulated sexual content or otherwise, all persons in said visual depictions were at least 18 years of age when said visual depictions were created. www.HELLOFUNTOYS.com is not the primary producer (as that term is defined in 18 USC §2257 and 28 C.F.R. 75 or subsequent case law defining such) of any of the visual content contained in the website. The original records required pursuant to 18 U.S.C. §2257 and 28 C.F.R. 75 for the materials contained in this website are kept by the Custodian of Records for each of the primary producers.
SECTION 21 - CHANGES TO TERMS OF SERVICE
You can review the most current version
of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, 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 or the Service following the posting
of any changes to these Terms of Service constitutes acceptance of those
changes.
SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@hellofuntoys.com.
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