OVERVIEW
Forkinksake.com is operated by For Kink Sake, LLC. Throughout the site, the terms “we”, “us” and “our” refer to For Kink Sake, LLC as a brand and a business. We offer this website, including all information, services and tools available from this site to you, the user, conditioned upon your acceptance of all terms, policies, conditions, and notices stated here. By visiting our site and/or purchasing something from our website, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Terms of Use”, “Services”), including those additional terms and conditions and policies referenced in this document and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers, merchants, vendors, 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 this 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 and use the website or any of our services. Even If you consider these Terms of Service as an offer, consistent use of the website and its services constitute a full agreement and acceptance of these Terms of Service. Any new features or tools which are added to the current site 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 and providing updates and/or changes to our website. It is the user’s 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 site is hosted by Bluehost, Inc. They provide us with the online hosting ability to keep our site active and running. Our e-commerce platform is Woocommerce, Inc that allows us to sell our products and services to you. Woocommerce works with Stripe, Inc, to process payments for the sale of products and services. The headings that are used in this agreement are included for your convenience only and will not limit or otherwise affect these terms in this agreement.
1 – WEBSITE TERMS AND PROHIBITIONS
By agreeing to these Terms of Service, you confirm and express that you are at least the legal adult age in your state or province of residence. This is an adult theme site and prohibit the use of this site by any minors. You may not use our products for any illegal or unauthorized purpose. You may not violate the use of the Term, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any viruses, worms 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.
2 – COMPLETE AGREEMENT
The failure by 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. It is an understanding between you and us and it governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between any user and us. This includes but not limited to, any prior versions of the Terms of Service. Any form of interpretation of these Terms of Service shall not be construed against the drafting party.
3 – TRANSMISSION 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 or any payment method information), may be transferred unencrypted and involve (1) transmissions over various networks; and (2) 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, copy, duplicate, manipulate, coerce, sell, resell or exploit any portion of the website, use of our services, our content, access to the services or any content on the website through which the service is provided, without express written permission by us.
4 – PERSONAL INFORMATION
Your submission of personal information through the site is governed by our Privacy Policy. Please review our Privacy Policy.
5 – PROHIBITED USE OF COMMUNICATIONS
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (1) to harass, insult, harm, abuse, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (2) for any unlawful purpose; (3) to solicit others to perform or participate in any unlawful acts; (4) to coerce others to harm themselves in anyway; (4) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (5) to submit false or misleading information; (6) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (7) 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 being provided or of any related website, other websites, or the Internet; (8) to collect or track the personal information of others; (9) to spam, phish, scam, pharm, pretext, spider, crawl, or scrape; (10) for any obscene or immoral purpose; or (11) to interfere with or destroy the security features of the business, our service or any related website, other websites, or the Internet. We reserve the right to terminate your use of our services or any related website for violating any of the prohibited uses described and ones that can be updated at a later date that violate.
6 – CHANGES TO SERVICE AND PRICES
Prices for our products and services are subject to change without any notice.
We reserve the right at any time to modify or discontinue any part of the Service or our content 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.
7 – PRODUCTS OR SERVICES CONTENT
Certain products or services may be available on our website. These products or services may have limited quantities and are subject to return or exchange please see our Return, Exchange and Refund 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, in any 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 and can happen at any time. We do not guarantee 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.
8 -LIMITATIONS ON ORDERS PLACED
We reserve the right to refuse any order you place with us. We may, in our sole discretion, cancel or limit the quantities purchased per person, per order or per household. These restrictions can 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 or 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 not to be placed by a customer and instead was placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our online 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 that we can contact you as needed. For further details please see our Refunds, Exchanges and Refunds page.
9 – USER COMMUNICATIONS, COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
In the event at our request, you send certain specific submissions, such as contest or sweepstake submissions or without a request from us you send creative ideas, proposals, suggestions, plans, or other materials, whether online, by email, by postal mail, or otherwise, you agree that we may, at any time, without restriction, copy, edit, publish, distribute, translate and use in anyway any submissions that you forward to us. We are and shall be under no obligation (1) to maintain any submissions in confidence; (2) to pay compensation for any submissions; or (3) to respond to any submission. We may, but have no obligation to, monitor, edit or remove content or comments that we determine in our sole discretion are unlawful, threatening, prejudice, unsafe, offensive, 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 trademark, copyright, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain prejudice, abusive, unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service being provided or any related website. You may not use a false or phony 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 and messages you create and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
10 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or within the service provided that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, availability, transit times, shipping charges, pricing, promotions, and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in our service or on any related website is inaccurate at any time without prior notice to include after you have submitted your order. We do not have any obligation to update, amend or clarify information in the Terms of Conditions and Services or site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in our services provided, our website or on any related website, should be taken as an indication that all information in the Terms or on any related website has been modified or updated.
11 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or assure that your use of our service will be uninterrupted, timely, secure or error-free. We do not guarantee that the results that may be obtained from the use of the services we provide 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 any notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service we provide and all products and services delivered to you through the service are provided ‘as is’ and are available for your use, without any conditions of any kind, representation, warranties, guarantees, either expressed or implied, including all implied guarantees or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, unless expressed and stated by us. In no case shall For Kink Sake, LLC, 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, loss of data, lost of savings without limitation lost profits, lost revenue, replacement costs, or any similar damages, whether based in contract, 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. Due, to some states or jurisdictions not allowing 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.
12 – ARBITRATION AGREEMENT
This arbitration agreement puts forth the terms and conditions pursuant to which disputes, claims and controversies the user and For Kink Sake, LLC will be resolved through arbitration. The user and For Kink Sake agree that any dispute, claim, or controversy that may arise between both parties in connection with or relating in any way to these Terms or to your relationship with For Kink Sake as a user (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory binding individual (not class) arbitration. You and For Kink Sake further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Please be aware and understand that there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court including attorney fees and costs only where allowable under applicable law, except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms.
13 – INDEMNIFICATION
As a user you agree to indemnify, defend and hold harmless For Kink Sake, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees. You hold the above mentioned 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.
14 – SEVERABILITY OF TERM
In the event that any part 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.
15 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
For Kink Sake, 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 or any form of choices without consulting primarily, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is done at your own risk. This site may contain certain information that might not be current. The information on the necessarily, is not current and might be provided for your reference only. We reserve the right to modify the contents of this site at any time without notice, 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.
16 – AVAILABILITY TO OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor, review, have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and with what’s available without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever coming from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is completely at your own risk and discretion and you should be sure that you are familiar with and completely approve of the terms on which tools are provided by the relevant third-party provider(s). In the future, we may offer new services and/or features through the website which includes, the release of new forms of communication, technological upgrades, tools, branding and resources. Such new features and/or services shall also be subject to these Terms of Service.
17 – LINKS TO THIRD-PARTY
Certain content, products and services available via our website may be included materials from third-parties. Third-party links on this site may direct you to third-party websites that are completely not affiliated with us. We are not responsible for examining, reviewing or evaluating the accuracy or content of a third-party. We do not endorse or guarantee the structure or content of any third-party and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of the third-parties. We are not liable for any harm or damages related to the purchase or use of goods, content, resources, services, 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 or any use of their services. Complaints, claims, concerns, or questions regarding third-party products should be directed directly to the third-party.
18 – TERMINATION
These Terms of Service are effective unless 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 we find or suspect you 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).
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 the state of CONNECTICUT
20 – 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 following the posting of any changes to these Terms of Service constitutes acceptance and an understanding of those changes.
21 – UPCOMING SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
In the future we will be offering a mobile messaging program (the “Program” “Messaging service”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and the For Kink Sake, LLC Privacy Policy (the “Agreement”). When this Program becomes available and you decide to opt in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution.” This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by clearly opting into the Program, such as through online or other application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive auto text messages prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that you are not obligated or required to make any purchase from us. Though you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you no longer want to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out, which you’ll reply your response to confirm your decision. You understand and agree that these are the only options and methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those words mentioned above or verbally requesting one of our employees to remove you from our list via email, is not a reasonable means of opting out. Duty to Notify and Indemnify: If at any moment you decide to transfer or sell the mobile phone number or cancel the service plan associated with the Program, you agree that you will complete the User Opt Out process as mentioned above prior to canceling ownership of the mobile phone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs. You agree that you shall indemnify, defend, and not hold us responsible for any claim or liability resulting from your failure to notify us of a change in you information that you provided, including any claim or liability under the telephone consumer protection act, 47 U.S.C. § 227, et seq., or similar state and federal laws, and any regulations promulgated there under resulting from us making the attempt to contact you at the mobile phone number that you presented.
When the program becomes available this is the Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive text messages regarding the marketing and sale of clothing, intimate toy enhancers, accessories, other apparels, gear, recreational products and any other items.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.
22 – Age Restriction: You may use or engage with the Platform if you are over eighteen (18) years of age or are of adult age in your jurisdiction. This is an adult website with adult themed content and items, you must be a legal age adult in order to engage with our platform. By using or engaging with our website and Platform, you acknowledge and agree that you are over the age of eighteen (18) or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with this type of adult themed website.
23 – Prohibited Content: You acknowledge and agree to not send any prohibited content over the website. Prohibited content includes:
– Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
– Objectionable content, including, all forms of sexual harassment, violence towards other users or encouraging violence towards people or a specific group, bigotry, hatred, prejudice and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
– Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
– Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
– Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
– Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and us, or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in the state of Connecticut before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit where For Kink Sake, LLC’s principle place of business is registered in, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will remain in full force and effect and enforceable. All new features, changes, updates or improvements of the website, services and the upcoming Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate, engage and access our website and Program after any such changes, you accept this Agreement, after it is modified.
24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at help@forkinksake.com or by mail to For Kink Sake, LLC, 554 Boston Post Road, Orange, CT 06477