Terms & Conditions
Effective Date: December 16, 2012
The following terms and conditions form a binding agreement between you and shockspot.net (“Shockspot”,”we”,”us” or “our”), the parent company behind Shockspot and this site. Please take the time to review these terms.
Site Ownership
All content and information used throughout our site is proprietary to Shockspot and any other partners in which we are a licensee or licensor of said content and information. By accepting our Terms of Use you agree not to copy, distribute, transmit, modify, display, reproduce, perform, publish, license, transfer, create any imitative works from, or sell or resell any information, software, services or products obtained from or through our site.
Site Availability
You hereby acknowledge, understand, and agree that there may be interruptions in service or events that are within and/or outside of our control. We will do our best to keep the site accessible at all times; however, the site may become unavailable for any reason at any time, including, but not without limitation too, routine maintenance. You acknowledge, understand, and agree that due to a situation, both within and/or outside of our control, our site may be interrupted, suspended, or terminated. By accepting our Terms of Use, you acknowledge that we retain the right, at our sole discretion, to deny service or access to the site to anyone or any account for any reason at any time.
Information Transmitted Over the Internet
We will make all reasonable efforts to ensure the security of all information through our site; however, since we have no control over the security of the internet or networks you choose to access or communicate with our site through, we are not and cannot be responsible for the security of information that you choose to communicate with us and our site while it is being transmitted. Furthermore, Shockspot is not responsible for any data that may be lost upon or during transmission.
Copyright and Trademarks
Any and all content located on or in our site is the sole property of Shockspot or is being used with permission from the relevant party. Linking to the site, or any section of the site is only allowed with our permission, which for standard and accepted purposes is allowed, under the condition that we can revoke this permission at any time.
Our site, as well as any subsections to our site, contain material which is copyrighted, trademarked, or is proprietary information, which includes, but is not limited to, any and all text, software, photos, video, graphics, music and sound (“content”). Any and all content of the site is collectively protected under the United States copyright laws. The selection, coordination, arrangement and enhancement of such content, as well as its original content is owned under copyright by Shockspot. Copying, distributing, publishing and transmitting of any copyrighted material on the site, including in modified or derivative form is strictly prohibited and a violation of these Terms of Use, and you may be terminated from our site, held liable for copyright, trademark or intellectual property infringement and may be subject to any civil and/or criminal penalties associated with such activities. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the written consent of Shockspot or the owner of such copyright is not permitted unless otherwise specifically stated under copyright law. In the event that Shockspot allows you to copy, redistribute or publish its copyrighted material, you agree to make no deletions or modifications to any writer attribution, trademark legend or copyright notice. You also agree that you do not acquire any right of ownership by downloading material which is copyrighted.
Shockspot.net owns the trademark Shockspot and in conjunction with other trademarks located within or on the site are not deemed to be in the public domain but instead is the sole property of Shockspot.net.
At no time will you upload or post or otherwise have presented any material which is protected by any proprietary right, including but not limited to copyright or trademark, unless you have expressed permission of the owner of such material. At no time will Shockspot be under obligation to provide you with any indication, marking or any other notice that may assist you in the determination of if such material is copyrighted or trademarked. Any damages or other harm which results from such a submission of material, which occur from your infringement of copyrights, trademarks, or any other proprietary right, will be at your sole liability. In the event that you submit any material to a public area of our site, you warrant that the owner of the material has at such time expressly permitted Noleduerm the perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute this material, whether it be in whole or in part, worldwide and/or to include it into any other work or material in any form, media or technology known or hereafter developed for the entire term of copyright that such material holds. You also agree to allow Shockspot to edit, copy, publish and distribute any and all material that may be made available by you on this site; this includes, but is not limited to, testimonials, success stories, and before-and-after results.
Terms of Sale
Once a product has been purchased through Shockspot or one of its websites, there will be a 7-day money back guarantee. During this 7-day period, which begins on the time and date in which the product was delivered by the courier, you, the purchaser, will be entitled to a refund of your purchase amount, less shipping and handling and a 20% restocking fee. The products must be returned in new and unused condition otherwise a refund will not be granted. The product must be packaged as it was received by the purchaser and all components must be properly padded with packing material to avoid any damage during shipping. The purchaser must notify Shockspot of this return in a timely manner and prior to the end of 7-days, receive verification from Shockspot, and be responsible for shipping the product back to Shockspot; additionally, you, the purchaser, will be responsible for any additional shipping and handling that may occur from shipping the product back to Shockspot. If no notification is given prior to the 7-day cut-off, no refund will be given. Custom products and the Shockspot Sex Machine Double Penetration Dual Thruster are non-returnable. By accepting these Terms of Use and Terms of Sale you hereby waive and release Shockspot and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission with your use of a product, goods and or services it provides. The purchaser is responsible for all duties, taxes and any other fees associated with the purchase and shipment of the product.
By purchasing a product through Shockspot you agree to our Terms of Use and these Terms of Sale. By the act of purchasing, accepting, using or attempting to use any product, you agree to these Terms of Sale, especially those terms which are identified which advertise the product at the time of purchase (collectively, the “fine print” regardless of how labeled). Our Terms of Sale and fine print apply to all products made available through Shockspot, unless the fine print on a particular product or website states otherwise, and except as otherwise required by law. In a situation where there is a conflict between the fine print and the terms of a specific sale, the fine print will control.
If you need a refund or have a question concerning refunds, use our Contact Us form to contact us. Any unauthorized reproduction, resale, modification or trade of Shockspot products is prohibited.
Promo Code Terms and Conditions
Promo codes, and promotions acquired through the redemption of promo codes are not transferable, and not redeemable for cash, credit, or towards previous purchases. Most promo codes will have an expiration date. This date will either be provided along with the promo code, or can be determined by attempting to redeem it through an Shockspot website. Promo codes can not be redeemed after their expiration date. Shockspot reserves the right to revoke any promo code, and/or any promotions acquired through the redemption of promo codes at any time, at Shockspot sole discretion.
Digital Millennium Copyright Act (DMCA)
If any material, to your knowledge, has been posted by a user of our site to our site which infringes on a copyright, you should act in the following manner:
- Supply Shockspot with an electronic or physical signature from the individual who is authorized to act on behalf of the owner of such copyright work;
- Supply Shockspot with an identification, description and location of the material on our site which infringes on the copyright;
- Supply Shockspot with your name, telephone number, email address and any other contact information; and
- Supply Shockspot with a statement written by you, which states that all of the information you have provided us is accurate and, under the penalty of perjury, that you are owner of such copyright or are authorized to act on the behalf of such owner. Contact should be made using any of the available methods on our Contact Us page.
In the event that you infringe third-party copyrights, Shockspot reserves the right to terminate its agreement with you at our sole discretion.
Disclaimer of Warranty
By accepting these Terms of Use, you expressly acknowledge, understand and agree that you use this site at your own sole risk. It has not been warranted, by Shockspot nor its subsidiaries, affiliates nor any employees, agents, merchants, third-party content providers or license granters, or any of their officers, directors, employees or agents (collectively, “all parties”), that this site will be continuously uninterrupted or free from any errors. In addition all parties make no guarantee on the accuracy, reliability or content of any information, service or certificate provided through its websites or the results that may occur from the use of such products. You understand that the site which Shockspot operates will be used on an “as is” basis when available. Whether implied or expressed, any and all warranties and conditions or representations, including but not without limitation to, title non-infringement, or merchant ability, quality, and fitness are hereby disclaimed by Shockspot.
Limitation of Liability
In absolutely no event or situation shall Shockspot nor its subsidiaries, affiliates nor any employees, agents, merchants, third-party content providers or license granters, or any of their officers, directors, employees or agents, be liable for any special, incidental, indirect, consequential or punitive damages which arise out of, or in relation to, the use of the site or any of its statements, contents or other information within these Terms of Use. In absolutely no event or situation will Shockspot liability concerning a product exceed the amount paid for the product in question. By accepting these terms of use, you acknowledge that the total aggregate liability, if it should arise, from or concerning these Terms of Use, shall not surpass five hundred dollars, or the amount which you paid during the six month period prior to bringing any claim against Shockspot (whichever is less).
Internal and External Internet Links
Links may appear on our site which link to affiliated or non-affiliated parties. In either case, these links will be provided with the sole intent to deliver a more convenient or informative experience to you or other users. We do not endorse or have any bias opinion in the matter of the content for these links. From hereinafter, we disclaim any representations as to the content or accuracy which those links may convey, or the privacy practices of the websites which those links are directed to. In the event that you access an external website through one of our links, you do so at your own risk.
Further Disclosures
Under no circumstance in which you breach, default or fail to exercise any and all rights provided to you under these Terms of Use shall it constitute a waiver of any subsequent or preceding default or breach or a waiver of forfeiture of any parallel or future rights under these Terms of Use by neither you nor Shockspot. Any and all section headings throughout these Terms of Use are used expressly for your convenience and at no time shall be of legal force or effect. If at any time, any provision of these Terms of Use is rendered invalid by a court of competent jurisdiction, the invalidity in question shall not affect the enforceability of any other provisions contained in these Terms of Use; Additionally, any and all remaining portions of these Terms of Use shall remain in full force and effect.
Shockspot, its subsidiaries, affiliates, merchants and any and all third-party content providers and license granters, shall have the right to assert and enforce any and all provisions, set forth in these Terms of Use, directly or on its own behalf. These Terms of Use are to apply equally and for the benefit of all aforementioned parties.
In the section below, it doesn’t state what the purchaser is agreeing to. It only provides a list of items.
Arbitration
If at any time you have a disagreement with Shockspot, we will make all reasonable efforts to resolve the matter. If in the event, an agreement cannot be reached, by use of our site, you hereby agree that:
- Email Addresses: Provided to us in conjunction with registering an account, purchasing a product, subscribing to our newsletter, or through contacting us in any way.
- Other Contact Information: Including but not limited to: name, mailing address, telephone numbers, fax numbers, social media and other third-party username and account information.
- Technology Related Information: Information provided by your Internet browser. IP addresses, cookies and any and all future technology related information.
- Demographics: Any demographic or psychographic information including but not limited to: age, gender, income, location and social relationships.
- Financial Information: Credit and Debit card information, as well as any other information related to payments and transactions. All Canada purchases require a phone number associated with the credit/debit card for confirmation of purchase.
- Browsing and Transaction Information: Including, but not limited to, any way in which you interact with our site, or make purchases on our site.
Use of Information
In general, your Personal Information is used for the following purposes
- Internal record keeping;
- Improving, Analyzing and Tracking our Site and Services;
- Marketing and Promotion;
- Emails and social media contact;
- Prevent fraud;
- Enforce our Terms of Use;
- Corporate Obligations;
- Provide help and support to you, our employees and our merchants;
- Provide help or support to our merchants or business partners.
How we use cookies
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about site traffic and improve our site in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better site, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most Internet browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website, and you may not be able to sign in to your account, or make purchases.
Disclosure of Information
Except as otherwise, or when required by law, we do not sell, trade, rent, distribute or share your information with any third-parties, unless you ask or authorize us to do so.
The following entities and information is exempt from this clause:
- Any company in which Shockspot takes place in a merger or acquisition with, including any meetings, talks or other appropriate business relations leading up to said merger or acquisition, or the consideration of thereof;
- Subsidiaries and affiliates of Shockspot;
- Any state or federal subpoena, similar legal process, or legal advisement by our lawyers, applicable local law, law enforcement agencies and or district attorneys and courts in the United States, or any other country in which Shockspot operates in, and you are subject to the jurisdiction of;
- In the event that fraud is being investigated, or any other reasonable reason in which our company and rights must be protected;
- Service Providers, which enable us to provide our services to you. The providers are under contract or bound by law to protect your Personal Information in accordance with our Terms of Use and Privacy Policy;
- Information you explicitly provide to our partners will be subject to their own Privacy Policies;
- Partners whom you explicitly consent to have your information provided to;
Controlling your personal information
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please contact us using the information provided on our Contact Us page.
If you believe that any information we are holding on you is incorrect or incomplete, please contact us and we will promptly correct any information found to be incorrect.
Security
We take the protection and security of your Personal Information very seriously. We use a variety of technological and industry standard processes and procedures to help safeguard this information. Financial information will be stored using industry standard encryption technology. However, you understand that no process or procedures by any company can ever fully eliminate all risks associated with your Personal Information.
Third Party Privacy and External Links
Our site may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
We may use third-party advertising companies to serve ads when you visit our Website. These companies may use information about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. Please note that this is in no way related to any information we collect from you. We do not share any of your Personal Information we collect with these companies.
Modification of this Privacy Policy
Shockspot reserves the right at all times to discontinue or modify this Privacy Policy as we reason necessary or desirable at any time. In the event that there are any changes to the Privacy Policy, they will become effective immediately for any continued use of the site, and new activity on the site, but will not become retroactive. These changes will be effective immediately for any new user to our site and for all activity which takes place after the Privacy Policy has changed. We strongly suggest that you continuously revisit our Privacy Policy occasionally in order to ensure that you are informed of the current Privacy Policy for our site. Your use of our site following an update to our Privacy Policy constitutes your acceptance of the modified Privacy Policy.
Disclaimer
Users must read and agree to the following terms before using the Shockspot System. The users of this software and Shockspot system understand this system is a novelty only device for visual simulation only. The Shockspot device produces a cyclical and vibrating motion that could be harmful if used improperly. The manufacturers and distributors of the Shockspot system shall not be held liable for any damages to property or body, directly or indirectly, resulting from the use of the Shockspot system or software. The user assumes full responsibility for the use of this system. The user holds harmless and indemnifies the manufacturer, affiliates and distributors from any and all liability. Users must at least 18 years of age. Users are made aware that the Shockspot system is comprised of metal framing and hinges which can cause a crushing action if the system is not setup of handled properly. The user agrees to become completely familiar with the system before its use. The user will not handle or use the system in a way to endanger person or property. The user agrees not to use or operate this system within six feet of people or pets that could be harmed by, or come in contact with the device. The Shockspot system utilizes 120-240 VAC for power and must only be used in dry locations. If the user is unsure of any of the terms in this agreement, he will not use the system. The user will not use or purchase this system in any region if for any reason this system is not legal. If you do not agree with these terms, do not use the Shockspot System.
Shockspot uses materials on the website for marketing purposes and visualization only. Users are responsible for the use of the product as a visual simulation device only and agree to control the use of the Shockspot for visual simulation only. Shockspot does not authorize the use of their products for any other purpose than visual simulation.