Terms & Conditions
SEX SELLS WEBSITE TERMS & CONDITIONS
Welcome to our Site. Please read the following Website Terms and Conditions carefully (including our Privacy Policy) (collectively "Website Conditions") before accessing this Site, using the Services or ordering Products (all defined below), so that you are aware of your legal rights and obligations with respect to SexSells.com.au (ABN 69 639 667 497) and its related entities, affiliates and subsidiaries (individually and collectively, "Sex Sells").
By accessing this Site, using the Services, or ordering
Products, you hereby agree to be legally bound by these Website Conditions. If
you do not accept these Website Conditions, please leave the Site and
discontinue use of the Services immediately, and do not order any Products via
the Site
1. Agreement
1.1 You hereby
represent and warrant that:
1.1.1 you have
read and agree to these Website Conditions and our Privacy Policy;
1.1.2 you are at
least 18 years old and have the necessary legal capacity, right, power and
authority to agree to these Website Conditions;
1.1.3 you are
authorised to bind the entity (yourself or your company) on whose behalf you
are accessing this Site, using the Services or ordering Products and such
entity agrees to be bound by these Website Conditions; and
1.1.4 all of the
information provided by you to Sex Sells (including without limitation personal
particulars and contact information) is accurate and complete.
1.2 Sex Sells
reserves the right to change, modify, suspend or discontinue the whole or any
portion of the Site, Services or Products at any time. Sex Sells may also
impose limits on certain features or restrict your access to parts or the
entire Services or Site without notice or liability.
1.3 Sex Sells
may from time to time vary or amend these Website Conditions by posting the
amended Website Conditions at this Site. Any use of the Services after the
amendment of these Website Conditions will be deemed to be acceptance of the
amended Website Conditions by you. If you do not agree to the amended Website
Conditions, you have the right to close your Account and/or cease using the
Services.
2. Definitions
2.1 In this
Agreement, the following definitions shall apply unless the context does not
permit such application:
"Account" means a registered account of a Member
opened under this Site.
"Agreement" means the agreement formed by these
Website Conditions and the Privacy Policy, and in the case of a Member, by
these Website Conditions, the Privacy Policy and the Membership Conditions.
"Sex Sells" is defined in the opening paragraph of
these Terms & Conditions.
"Sex Sells Content" means all Content of Sex Sells
that is made available on or via this Site.
"Computer" means your computer, notebook computer,
personal digital assistant, mobile phone or other electronic device used to
access this Site or the Services.
"Content" means product listings, product
descriptions & reviews, materials, information, advertisements, text,
audio, video, pictures, graphics, blogs, webcasts, podcasts, broadcasts,
messages, comments, suggestions, ideas and other content.
"Linked Sites" is defined in Clause 8.1.
"Member" means a registered member of the Site.
"Membership Conditions" means the terms and
conditions applicable to Members accessible here.
"Other Content" means all other content than Sex
Sells Content that is made available on or via this Site.
"Products" means Adult Products and other products
available for purchase at the Site.
"Servers" means the computer software, systems and
servers hosting, operating, managing, providing or contributing to the Site and
the Services.
"Services" is defined in Clause 3.2.
"Site" means the Sex Sells website containing the
link to these Terms & Conditions.
"Third Party Products" means products and services
of third parties advertised on or available at the Site or websites linked from
the Site.
"User Content" means all Content on this Site
which is created, transmitted, posted or uploaded by a user of the Site.
2.2 The words
"include" and "including" shall not be construed as having
any limiting effect.
2.3 The
headings in this Agreement do not have any legal effect nor shall they affect
the construction of this Agreement in any way.
3. Site and
Services
3.1 The Site
is owned and maintained by Sex Sells.
3.2 Sex Sells
may offer one or more of the following services on or through the Site (each a
"Service" and collectively the "Services"):
3.2.1 online
ordering of Products;
3.2.2 online
applications for Sex Sells Card membership;
3.2.3 access to
Content;
3.2.4 search
engines or tools;
3.2.5 a platform
to create, upload and publicly make available customer reviews and other
content;
3.2.6 any other
features, content or applications that Sex Sells may offer at the Site from
time to time in its sole and absolute discretion.
3.3 You
acknowledge and agree that to order Products and to access and use certain
Services, you will be required to register as a Member and additionally shall
be bound to strictly comply with the Membership Conditions and other conditions
accessible therein, in addition to these Website Conditions.
3.4 From time
to time Sex Sells will run competitions, promotions and surveys at the Site.
These are subject to additional terms and conditions that will be made
available at the time they are run.
4. Content
Use Conditions
4.1 You may
not reproduce, modify, adapt, translate, publish, display, communicate,
transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for
any commercial or other purposes, any portion of, or any access to:
4.1.1 any Service;
4.1.2 the Site;
4.1.3 any Sex
Sells Content except with the prior written consent of Sex Sells or unless
expressly permitted in these Website Conditions; or
4.1.4 any User
Content except with the prior written consent of Sex Sells and the owner of the
specific User Content, unless you are the sole owner of the specific User
Content.
4.2 Without
prejudice to the generality of Clause 4.1, you agree not to reproduce, display
or otherwise provide access to the Services, Sex Sells Content, or User Content
on another website or server, for example through framing, mirroring, linking,
spidering, scraping or any other technological means (including any technology
available in the future), without the prior written permission of Sex Sells.
4.3 You may
for your personal, non-commercial use:
4.3.1 retrieve and
display Sex Sells Content on any compatible device owned by you;
4.3.2 print a
single copy of individual articles on paper (but not photocopy them); and
4.3.3 store such
articles in electronic form on disk or on a mobile device owned by you (but not
on any server or other storage device connected to a network).
4.4 All Sex
Sells Content are the copyrighted work of Sex Sells or its Licencees or its
content or software providers, and Sex Sells reserves and retains all rights in
the Sex Sells Content. Use of some Sex Sells Content may be governed by the
terms of an accompanying end user license agreement.
4.5 You may
not decompile, reverse engineer or otherwise attempt to discover the source
code of any Sex Sells Content available on the Site or through a Service except
under the specific circumstances expressly permitted by law or Sex Sells in
writing.
5. Intellectual
Property
5.1 The
copyright, patents, trade marks, registered designs and all intellectual
property rights in the Services, the Site, and all Sex Sells Content, including
without limitation the copyright in the compilation of all User Content, shall
vest in and remain with Sex Sells.
5.2 The
trademarks, logos and service marks ("Marks") displayed on this Site
are the property of Sex Sells or other third parties, and all rights to the
Marks are expressly reserved by Sex Sells or relevant third parties. You are
not permitted to use any Marks without the prior written consent of Sex Sells
or such third party. Sex Sells and its subsidiaries aggressively enforce their
intellectual property rights to the fullest extent of the law. The name of Sex
Sells or any other Marks may not be used in any way, including in any
advertising or publicity, or as a hyperlink without prior written permission of
Sex Sells.
5.3 The domain
name on which the Site is hosted on is the sole property of Sex Sells and you
may not use or otherwise adopt a similar name for your own use.
5.4 If you
have any questions or concerns about these Website Conditions or any issues
raised in these Website Conditions or on the Site, please email us at:
info@sexsells.com.au.
6. Online
Conduct
6.1 You hereby
undertake:
6.1.1 to comply
with these Website Conditions, and such other notices or guidelines that may be
posted on the Site by Sex Sells from time to time (which are hereby incorporated
by reference into these Website Conditions);
6.1.2 not to use
any Service, Product or Sex Sells Content for any unlawful purpose, and shall
comply with all applicable laws and regulations, including without limitation,
copyright law;
6.1.3 not to hack
into, interfere with, disrupt, disable, over-burden or otherwise impair the
proper working of the Site, Services or Servers, which shall include but is not
limited to denial-of-service attacks, spoof attacks, session hacking, sniffing,
tampering, reverse engineering or reprogramming; and
6.1.4 not to use
the Account of another Member at any time, whether with or without his/her
permission.
7. Disclaimers
& Limitations
7.1 While we
make every effort to ensure that all Sex Sells Content displayed on the Site is
accurate and complete, we provide the Sex Sells Content and Other Content for
informative purposes and on an 'as is', 'as available' basis only without
warranties of any kind either express or implied. To the fullest extent
permissible pursuant to applicable law, Sex Sells disclaims all warranties,
express or implied, including, but not limited to, implied warranties of
satisfactory quality, merchantability or fitness for a particular purpose,
compliance with description, or the warranty of non-infringement. Without
limiting the foregoing, Sex Sells does not warrant that the functions contained
in or access to the Site, Services, Sex Sells Content or other content will be
timely, uninterrupted or error-free or without omission, that defects will be
corrected, or that the Site, Services, Sex Sells Content or the Servers are
free of viruses or other harmful components, or that the download, installation
or use of any Sex Sells Content in or with any Computer will not affect the
functionality or performance of the Computer. Sex Sells does not warrant or
make any representations regarding the use or the results of the use of the Sex
Sells Content, the Services, the Site or the Servers in terms of their
correctness, accuracy, completeness, reliability, or otherwise. You (and not Sex
Sells) assume the entire cost of all necessary servicing, repair, or
correction, including any defect, problem or damage in any Computer. You agree
not to hold Sex Sells liable for the loss of any of your User Content that is
due to any circumstances beyond the reasonable control of Sex Sells.
7.2 The data
and information made available on the Site are of a general nature and do not
purport, and shall not in any way be deemed, to constitute an offer or
provision of any professional or expert advice. Any arrangement made between
you and a third party named on or linked to from these pages is at your sole
risk and responsibility. Sex Sells does not sponsor, endorse or promote any
financial products, services or information.
7.3 You
acknowledge that it is not Sex Sells's policy to exercise editorial control
over, and to review, edit or amend any data, information, materials or contents
of any User Content, posting, email or any information that may be inserted or
made available on the Site by other users of the Services and that Sex Sells
does not endorse and shall not be responsible for any such content.
7.4 You
acknowledge and agree that Sex Sells does not endorse or recommend, is not an
agent, reseller or distributor of, and has no control over Third Party
Products, and Sex Sells hereby expressly disclaims all liabilities and
responsibilities arising in relation to any Third Party Products whether
available or advertised via the Site or on Linked Sites.
7.5 You agree
that all statements, offers, information, opinions, materials, User Content,
and Third Party Products, from other users and from advertisers and other third
parties on this Site should be used, accepted and relied upon only with care
and discretion and at your own risk, and Sex Sells shall not be responsible for
any loss, damage or liability incurred by you arising from such use or
reliance.
7.6 You also
acknowledge and agree that some Services may enable other users to upload User
Content to the Site, and that some of these may be offensive, annoying,
unlawful, in breach of these Website Conditions, contain viruses or cause you
damage. While we will remove any such User Content brought to our notice, you
acknowledge and agree that we cannot be responsible or liable for any User
Content, and you agree to exercise access and use User Content only at your own
risk and with care and discretion.
7.7 You also
acknowledge and agree that some Services may enable other users to upload User
Content to the Site and that some of these may be offensive, annoying,
unlawful, in breach of these Website Conditions, contain viruses or cause you
damage. While we will remove any such User Content brought to our notice, you
acknowledge and agree that we cannot be responsible or liable for any User
Content and you agree to exercise access and use User Content only at your own
risk and with care and discretion.
7.8 You agree
that:
7.8.1 Sex Sells
shall be entitled at any time, at its sole and absolute discretion and without
prior notice, to add to, vary, terminate, withdraw or suspend the operation of
the whole or any part or feature of the Site, Services or Products without
providing any explanation whatsoever; and
7.8.2 access to or
the operation of the Site, Servers and/or the Services may from time to time be
interrupted or encounter technical or other problems and may not necessarily
continue uninterrupted or without technical or other errors,
and in any such event, Sex Sells shall not be liable for any
loss, liability or damage which may be incurred as a result.
7.9 In no
event shall Sex Sells be liable to you for any damages, losses, expenses,
liabilities under any causes of action (whether in contract or tort including,
but not limited to negligence, or otherwise) caused through the use of, or the
inability to use, the Sex Sells Content, User Content, Services, Products,
Third Party Products, any Computers, the Site, or any other website. In the
event that Sex Sells is found liable in a Court of law to pay you damages
despite the foregoing provision, you agree that Sex Sells's aggregate liability
to you for any and all causes of action, shall not exceed the sum of A$ 100.00
(One Hundred Australian Dollars).
7.10 Under no
circumstances, including, but not limited to, negligence, shall Sex Sells be
liable for any indirect, special, consequential, or incidental losses that
result from the use of, or the inability to use by you, the Sex Sells Content,
Services, Products, Third Party Products, Site, or any other website, even if Sex
Sells or a Sex Sells authorised representative has been advised of, or should
have foreseen, the possibility of such damages.
7.11 You agree
that the above exclusions and limitations of liability enable the Services and
the Sex Sells Content to be provided by Sex Sells at either reasonable costs or
no costs to you.
8. Linked
Sites
8.1 Sex Sells
may from time to time provide links to other sites ("Linked Sites")
that may be of relevance and interest to users. Sex Sells has no control over,
and is not responsible for the content on the Linked Sites or for any damage
you may incur from the Linked Sites (including any virus, spyware, malware,
worms, errors or damaging material contained in the Linked Sites) or the
availability of any content on the Linked Sites, and you hereby irrevocably
waive any claim you may possibly have against us with respect to your using or
surfing the Linked Sites.
9. Data Use
& Privacy
9.1 Please do
not submit any personal information or data without first reading our Privacy
Policy which explains our data use and privacy practices in detail.
10. Termination
10.1 You agree
that Sex Sells has the right in its sole and absolute discretion and without
notice to restrict, suspend, or terminate your Account and/or your access to
all or any part of the Site or Services, without providing any reason
whatsoever.
11. Notification
of Infringement
11.1 Sex Sells
reserves the right to investigate notices of copyright, trademark and other
intellectual property infringement ("Infringement") in respect of Sex
Sells Content, User Content and other material on the Site ("Infringing
Material") and take appropriate action. If you believe that your work has
been used or copied in a way that constitutes Infringement and such
Infringement is occurring on this Site, please notify Sex Sells in writing
immediately ("Infringement Notice").
11.2 All
Infringement Notices shall be sent to Sex Sells addressed as follows:
Sex Sells - Complaint
Info@sexsells.com.au
11.3 Sex Sells
will in response to all Infringement Notices submitted in the above manner remove
the Infringing Material from the Site. In return, you agree that you shall not
take any legal action or exercise any legal remedy you may have against Sex
Sells in respect of any Infringing Material, unless you have first given Sex
Sells the Infringement Notice and sufficient opportunity to remove the
Infringing Material, and thereafter Sex Sells refuses or fails to remove the
Infringing Material within a reasonable time. Where Sex Sells removes the
Infringing Material in response to your Infringement Notice, you agree not to
exercise and you hereby waive, any right of action against Sex Sells under
applicable law which you may have in respect of any Infringing Material
appearing on the Site prior to such removal by Sex Sells.
11.4 You
acknowledge and agree that Sex Sells has no control and cannot undertake
responsibility or liability in respect of Infringing Material appearing on
Linked Sites or other third party sites.
12. Appropriate
for Local Content Only
12.1 This Site
is owned and operated by Sex Sells in Australia. Sex Sells makes no
representation that the Contents of the Site are appropriate or available for
use in your location. Those who choose to access this Site from any location do
so on their own initiative and are responsible for compliance with local laws,
if and to the extent such local laws are applicable.
13. Indemnity
13.1 You agree
to indemnify and hold Sex Sells, and its subsidiaries, affiliates, officers,
agents, partners, and employees, harmless from all claims, demands, actions,
proceedings, liabilities (including statutory liability and liability to third
parties), penalties, and costs (including without limitation, legal costs on a
full indemnity basis), awards, losses and/or expenses, due to or arising out
of:
13.1.1 any use of
the Site or any Service;
13.1.2 your
connection to the Site;
13.1.3 your breach
of any terms and conditions of these Website Conditions;
13.1.4 your
violation of any rights of another person or entity; or
13.1.5 your breach
of any statutory requirement, duty or law.
14. Severability
14.1 If any
provision of these Website Conditions is found to be illegal, void or
unenforceable under any law that is applicable hereto or if any court of
competent jurisdiction in a final decision so determines, these Website
Conditions shall continue in force save that such provision shall be deemed to
be deleted.
15. Relationship
of Parties
15.1 Nothing in
these Website Conditions shall constitute or be deemed to constitute an agency,
partnership or joint venture between Sex Sells and you and neither party shall
have any authority to bind the other in any way.
16. Waiver
16.1 No waiver
of any rights or remedies by Sex Sells shall be effective unless made in
writing and signed by an authorised representative of Sex Sells.
16.2 A failure
by Sex Sells to exercise or enforce any rights conferred upon it by these
Website Conditions shall not be deemed to be a waiver or variation of any such
rights or operate so as to bar the exercise or enforcement thereof at any
subsequent time or times.
17. Rights of
Third Parties
17.1 Except as
provided for in Clause 13, a person or entity who is not a party to this
Agreement shall have no right to enforce any term of this Agreement, regardless
of whether such person or entity has been identified by name, as a member of a
class or as answering a particular description.
18. Force
Majeure
18.1 No party
shall be liable for any failure to perform its obligations under this Agreement
if the failure results from a Force Majeure Event (defined below), provided
always that whenever possible, the affected party will resume that obligation
as soon as the Force Majeure Event occasioning the failure ceases or abates.
18.2 For
purposes of this Agreement, a "Force Majeure Event" is an event which
is a circumstance or event beyond the reasonable control of a party which
affects the general public in that party's country or in the territory, and
which results in the party being unable to observe or perform on time an
obligation under this Agreement. Such circumstance or event shall include
industrial action or labour disputes, civil unrest, war or threat of war,
criminal or terrorist acts, government action or regulation, telecommunication
or utility failures, power outages, fire, explosion, natural physical
disasters, epidemic, quarantine restrictions, and general failure of public
transport.
19. Governing
Law & Jurisdiction
19.1 These
Website Conditions and all matters relating to your access to, or use of, this
Site and the Services shall be governed by and construed in accordance with the
laws of Australia.
19.2 You hereby
agree to submit to the non-exclusive jurisdiction of the Australian courts.