Effective Date: Jan 1, 2017
Last Modified Date: May 13, 2017
IF YOU DO NOT AGREE TO THE ALL OF TERMS SET FORTH ABOVE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE OR SERVICES IN ANY WAY AND YOU ARE NOT AUTHORIZED TO PURCHASE ANY PRODUCTS. YOU MUST EXIT THE WEBSITE IMMEDIATELY.
Shane Frost is the distributor of adult products ("Products") and the operator of this Website. Unless mandated by law, Shane Frost is not a manufacturer and is only a distributor. The features and information that a User may avail himself/herself of via the Website are collectively referred to as the "Services."
A. Website Intended for Adults to be Viewed in Private; Obscenity.
You must be legal age (21 in some jurisdictions, and 18 in some jurisdictions, "Legal Age") to access, purchase from, or otherwise use any Services. You represent and warrant that the laws applicable to You in any jurisdiction with authority do not prohibit You from accessing sexually explicit content, products or services, including those which depict bondage, S&M, fantasy submission, and other fetish activities. You agree that the following is not obscene to You and is not obscene by law in any jurisdiction that has authority over You: erotic images of gay men, men using sex toys, men playing bondage games, penetration with sex toys. The previously listed examples are intended to be illustrative and not exhaustive in nature. You will not redistribute the content on this Website and You will not allow any individuals under Legal Age to access this Website or any content from this Website. You will not show the content of this Website to any individual under Legal Age. Notwithstanding any other provision in these Terms, we reserve the right to fully cooperate with any law authorities as we deem necessary or desirable.
You will not make available or display any Products purchased from this Website to anyone under Legal Age or display such Products in public. You agree not to view or display the Website in public, and that You intend to access the Website for your personal use in your own home or the home of another of Legal Age.
B. Availability & Legality
Shane Frost makes no guarantees regarding the availability and legality of the Website, the Services (including the availability of any given Service) and/or the Products. You agree to consult with the law of Your jurisdiction to confirm the legality of any Products before ordering such Products from Shane Frost. Shane Frost reserves the right, in its sole discretion, to discontinue the Website or Services and/or modify the contents of the Website or the terms of the Services as it sees fit, including but not limited to, the price for Services, descriptions, and other e-commerce related information and/or functionality. You agree that Shane Frost will not be liable to You for any such discontinuance or modification of the Website or the Services.
C. Authorized Use
Shane Frost grants You a limited license to access and make personal use of the Website for purposes and uses that are legal and that are otherwise permitted by these Terms, including purchasing Products. Other than to view the Website for Services and to consider purchasing Products, You are not authorized to download or modify the Website or any portion of it, except with express, prior written consent of Shane Frost. This license does not include and specifically prohibits any resale or commercial use of this Website or its contents (except for Your purchase of Products and/or Services); any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another person or merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not post or transmit through the Website any material that (i) violates or infringes in any way upon the rights of others, including intellectual property rights; and/or (ii) that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to Products or Services. You are also prohibited from using the Website in any way that restricts or inhibits any other Website user from using or enjoying the Website consistent with these Terms. You may not assign or share your user name or password with any other party. Any unauthorized use terminates Your permission to access the Website and the license granted by Shane Frost immediately.
D. Linking (To & From) the Website; Advertisers
Shane Frost may, from time to time, provide via the Website, links to other websites or resources and/or advertisements or other such promotional materials related to third parties. Because Shane Frost has no control over the content of such third party sites, or the quality of the goods or services offered therein, User acknowledges and agrees that Shane Frost is not responsible for and in no way guarantees or endorses: (a) the availability of such third party sites or resources; (b) the accuracy, value, or completeness of any content available at or through the third party sites; (c) the goods or services offered via these third party sites. Accordingly, User acknowledges and agrees that Shane Frost shall not be responsible or liable to User in any manner, directly or indirectly, for any damage or loss, caused or alleged to be caused, by or in connection with accessing such third party sites, use of or reliance on the content of any such third party sites, and/or the quality of any goods or services offered by or through any such third party sites. Shane Frost may elect at any time to use third parties to process payments, and in that process, redirect You to a third party site. Such third party may impose additional terms and conditions governing the provided payment processing services. . You are responsible for abiding by any such terms. Shane Frost disclaims any liability associated with any violation of such terms by You.. Shane Frost may store and access your payment information as necessary for Shane Frost to process transactions and maintain user memberships.
E. Consent to Receive Notifications & Other Communications
We reserve the right to send electronic mail or other messages to You and to other Users. You understand and agree that even unsolicited commercial email sent from Us or Our affiliates is not SPAM as that term is defined under the law. The purpose of this communication may include but is not limited to: (a) Inform You of any changes to the status of Your account; (b) Inform You of any purchases made on the Website via Your account; (c) Provide information to You regarding products or services offered by Our affiliates or partners; (d) Inform You about any of Our related products or services; (e) Provide You with information about any item that We think, in Our sole discretion, may be of interest to You.
You may opt out of these announcements and messages by contacting firstname.lastname@example.org. If You opt out of these marketing emails, You may still receive system notices and other information that is specifically related to Your account. For example, We may send You messages in response to a lost password request or for other administrative reasons associated with the Website.
If You provide Your information to Us, use the Website, or Our Services, You will have created a commercial relationship with Us. In having done so, You understand that even unsolicited commercial email sent from Us or Our affiliates is not SPAM as that term is defined under the law.
F. Disclaimer of Warranties; Limitation Of Liability
NEITHER SHANE FROST NOR ANY OF ITS SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, CONTRACTORS OFFICERS, DIRECTORS, AFFILIATES, DISTRIBUTORS, VENDORS, ASSIGNEES, OR AGENTS WARRANT THAT THE SERVICES OR THE INFORMATION PROVIDED VIA THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS IS EXPRESSLY SET FORTH ELSEWHERE IN THESE TERMS OR ON THE WEBSITE IN RELATION TO PRODUCT PURCHASES (AND NOT INCLUDING ANY HOW TOS, EDITORIALS OR INSTRUCTIONS OR CONTENT FROM ANY OTHER PARTY), THE PRODUCTS AND SERVICES ARE MADE AVAILABLE "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. TO THE EXTENT ALLOWED BY LAW, NEITHER SHANE FROST NOR ANY OF ITS SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES SUFFERED BY YOU OR SUFFERED BY ANY OTHER PARTY ARISING OUT OF OR RELATED TO (A) YOUR USE OF THE WEBSITE, SERVICES OR PRODUCTS, (B) THE OPERATION OR MALFUNCTION OF THE SERVICES OR PRODUCTS, OR (C) ARISING IN ANY WAY FROM OR RELATING TO YOUR PURCHASE OF PRODUCTS VIA THE WEBSITE OR SERVICES, AND REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AS TO (A) THROUGH (C). YOU ASSUME ALL RISK OF USE OF OUR PRODUCTS AND SERVICES, AND ACKNOWLEDGE THAT SOME USE OR MISUSE OF OUR PRODUCTS MIGHT BE INHERENTLY DANGEROUS. YOU THEREFORE RELEASE SHANE FROST, ITS LICENSORS, EMPLOYEES, CONTRACTORS OFFICERS, DIRECTORS, AFFILIATES, DISTRIBUTORS, VENDORS, ASSIGNEES, OR AGENTS, FROM ANY AND ALL CLAIMS AND LIABILITIES ASSOCIATED WITH THE USE OF THE PRODUCTS OR SERVICES.
ALTHOUGH WE HOPE EVERY PRODUCT IS PERFECT WHEN WE RECEIVE IT FROM THE MANUFACTURER OR SUPPLIER, THE REALITY IS THAT WE CANNOT AND DO NOT INSPECT EACH PRODUCT WE RECEIVE FROM OUR SUPPLIERS AND MANUFACTURERS. YOU MUST BE SURE TO INSPECT IN GOOD LIGHT EACH PRODUCT YOU RECEIVE FOR ANY MANUFACTURING DEFECTS OR FLAWS AND/OR ANY DESIGN DEFECTS.
Limitation of Liability
TO THE EXTENT ALLOWED BY LAW, SHANE FROST SHALL HAVE NO LIABILITY FOR UNAUTHORIZED THIRD PARTY ACCESS, ALTERATION THEFT, OR DESTRUCTION OF ANY INFORMATION CONTAINED ON THE WEBSITE, WHETHER THROUGH ACCIDENTAL, FRAUDULENT, OR WRONGFUL MEANS AND/OR DEVICES. IN ANY EVENT, THE LIABILITY OF SHANE FROST TO YOU OR ANY OTHER USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO AND SHALL IN NO EVENT EXCEED THE SUM OF THE GREATER OF ONE-HUNDRED DOLLARS OR, IN THE EVENT THAT YOUR DISPUTE OR CLAIM ARISES FROM YOUR PURCHASE OF SERVICES OR PRODUCTS, THE COST OF SUCH DISPUTED SERVICES OR PRODUCTS (I.E., THE AMOUNT YOU PAID TO SHANE FROST FOR SUCH SERVICES OR PRODUCTS). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, NON-INFRINGEMENT, AND OTHER CAUSES OF ACTION OR ALLEGATIONS. NOTE: SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THE PRECEDING PARAGRAPHS OF SECTION III.E OF THE TERMS. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING THEREIN MAY NOT APPLY TO YOU.
Risks Associated With Use of Products and Services
This Website provides adult-oriented products, ideas for adult activities with and uses of the Products and related online Services. Shane Frost is a distributor and idea generator. Shane Frost is not a product testing organization and Shane Frost does not manufacture the Products. Shane Frost obtains the Products from suppliers and manufacturers that Shane Frost believes are reputable and reliable, however, Shane Frost is not in a position to test ever Product and/or to assess the safety of every suggestion that Shane Frost makes for User consideration
YOU HEREBY AGREE TO HOLD HARMLESS SHANE FROST AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, DISTRIBUTORS, LICENSEES AND CONTRACTORS FROM ANY LIABILITY ARISING FROM INACCURATE, INCOMPLETE OR MISSING WARNINGS, INSTRUCTIONS AND DISCLAIMERS PROVIDED BY OUR SUPPLIERS OR MANUFACTURERS.
You agree to indemnify, defend, and hold harmless Shane Frost / Shane Frost Gear, its directors, officers, employees, contractors, assignees, affiliates, vendors, distributors, licensees, and agents ("Indemnitees"), and defend any action brought against Indemnitees with respect to any claim, demand, cause of action, debt or liability ("Claim"), including, without limitation, reasonable attorneys' fees, to the extent that such action is based upon a Claim that: (i) if true, would constitute a breach of any of your representations, warranties, or agreements under these Terms; (ii) arises out of or relates to your use of the Website and/or (iii) arises out of or relates to your negligence, willful misconduct, other breach of this Agreement, or unlawful act. In the event of a claim subject to indemnification, Shane Frost shall be permitted to select its own counsel, and have the authority to settle the claim, in consultation with You.
In the event that one or more of the words, phrases, sentences, clauses, sections, subdivisions or sub-paragraphs contained herein shall be held invalid, this Agreement shall be construed as if such invalid portion had not been inserted. In the event that any invalid language is severed under this paragraph, the severed language shall be comprised of the smallest unit possible such that the severance of the unit results in a valid provision (e.g., a single item in a list will be severed rather than the entire list, a clause will be severed rather than the entire sentence, etc.).
I. Entire Agreement
This Agreement sets forth and contains the entire agreement with regard to the matters set forth herein between You and Shane Frost / ShaneFrostGear. There are no promises, terms, conditions, or obligations other than those contained herein. This Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between and among the parties with respect to the subject matter of these Terms.risdiction; Service of Process
J. Copyright Complaints & Notice and Take Down Policy
Shane Frost respects the intellectual property of others and expects others to respect Shane Frost''s intellectual property. If You believe that Your work has been copied or otherwise appears on this Website in a way that constitutes copyright infringement or any other legal violation, please notify us immediately in writing at the contact address set forth below.
K. Company Contact
Please direct all inquiries and other communications relating to the Website and/or the Services to: ShaneFrostXXX@gmail.com
L. Local Laws
You represent and warrant that Your access to and use of the Website, the Services and your purchase of any Products is in compliance with the laws governing such access, use, Product and related conduct in Your geographic region. Shane Frost is not in a position to research and monitor all laws of all jurisdictions. Therefore, it is up to you to know the laws that apply to you.
M. Prohibited Conduct
Use of the Website or the corresponding Services for any use or reason other than the intended and permissible uses described or implied herein is expressly prohibited. Any such misuse may constitute violation of state and federal civil and criminal laws and may result in civil and/or criminal prosecution. Furthermore, without limiting other remedies, Shane Frost may immediately issue a warning and/or temporarily or indefinitely suspend or terminate your privilege to use and access the Website if You: (1) breach these Terms; and/or (2) take actions that Shane Frost believes may result in legal liability for You, for Shane Frost, or for other Website Users. Shane Frost reserves the right to deny access to the Website, Services and/or any elements of the Website or Services to any person at any time and for any reason, as allowed by law.
N. ADULT NOTICES, DISCLAIMERS AND ISSUES
Special Considerations Regarding Minors
i. You represent that You are of Legal Age to access this Website and utilize the provided Services and Products provided by Shane Frost. We specifically disclaim any responsibility or liability for any misrepresentations regarding a User's age.
ii. You represent and warrant that You will not allow any minor access to this Website or Services. Users should implement parental control protections, such as computer hardware, software, or filtering services, which may help Users to limit minors' access to harmful material. You acknowledge that if Your computer or mobile device can be accessed by a minor, that You will take all precautions to keep Our Website from being viewed by minors. You additionally acknowledge that if You are a parent, it is Your responsibility, and not Ours, to keep any age-restricted content from being displayed to Your children or wards.
iii. WE HAVE A ZERO TOLERANCE POLICY FOR MATERIAL INVOLVING MINORS AND A ZERO TOLERANCE POLICY REGARDING PEDOPHILES OR ANY PEDOPHILIA ACTIVITY.
i. You understand that all depictions of all persons on this Website and in all content produced or published by Us are of persons over the Legal Age as of the date of the production of the depiction. We take great measures to ensure that no underage individuals are depicted in any of Our content.
ii. If You seek any form of material involving minors (including so-called "virtual" pornography involving minors), You must exit this Website and cease using Our Services immediately. We do not provide this kind of material and We do not tolerate those who provide this kind of material nor do We tolerate consumers of this kind of material.
iii. In order to further Our zero-tolerance policy, You agree that You will report any images, real or simulated, that appear to depict minors on Our Website. If You see any images or other depictions that are questionable, You agree to report these images by contacting Us at: ShaneFrostXXX@gmail.com
iv. Include with Your report any appropriate evidence, including the date and time of identification. All reports will immediately be investigated and the appropriate action will be taken.
v. We enthusiastically cooperate with any law-enforcement agency investigating child pornography. If You suspect other outside websites are participating in unlawful activities involving minors, please report them to a child pornography reporting service such as ASACP.org;
or the N.C.M.E.C. Cybertip Hotline:
Images & Content
i. You acknowledge and stipulate that all of the content on the Website constitutes expressive content that is fully protected by the the First Amendment of the U.S. Constitution, and other similar legal principles.
ii. You acknowledge and understand that some or all of the content on Our Website and transmitted via Our Services may be inappropriate for viewing by minors. You acknowledge that You are aware of the nature of the Website and that You access the Website and Services freely, voluntarily, and willingly.
iii. Section 230 Notice: You acknowledge Your responsibility to prevent minors under Your care from accessing harmful or inappropriate material. You agree not to allow minors to view any such content, and You agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors' access to harmful or inappropriate material. Pursuant to 47 U.S.C. §230(d), You are hereby informed that You can research such services at websites such as: http://www.getnetwise.org or http://www.child-internet-safety.com/internet_filters.php, among others. Please note that We make no representation or warranty regarding any of the products or services referenced on such sites, and We recommend that You conduct appropriate due diligence before purchasing or installing any online filter.
iv. Pursuant to the Communications Decency Act ("CDA"), 47 U.S.C. § 230(c)(1), and court decisions interpreting the scope of the CDA, You acknowledge and understand that We operate as the provider of an interactive computer service. Thus, We are immune from, and cannot be held responsible for, claims arising from the publication or transmission of Users Content as defined within these Terms. We do not create such content, and We are not responsible for the publication of remarks or communications of third-parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of material that might be considered defamatory, or violation of privacy or publicity rights. Note, that federal law allows Us to remove or block any content found to be offensive, defamatory, obscene or otherwise violate of Our policies, without impacting Our status as the provider of an interactive computer service. Nothing contained in this Agreement is intended to limit or alter the immunity from claims provided by Section 230 of the Communications Decency Act, and no third parties are intended to benefit from these Terms between You and Us.
B. Information Collection and Use. Shane Frost does not rent, sell, or share Personal Information with other people or companies except to provide or offer services You have requested, when Shane Frost has Your permission to share Personal Information under the following circumstances: (i) In response to subpoenas, court orders, discovery requests, or other legal process, or to establish or exercise its legal rights or defend against legal claims; (ii) If necessary to share information, including Personal Information, in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Shane Frost policies or these Terms, or as otherwise required by law; (iii) When necessary to fulfill certain services or functions related to this Website that are outsourced to third parties; or (iv) In the event of the sale, merger or acquisition of Shane Frost's business.
B. Confidentiality and Security
i. Shane Frost uses commercially reasonable protections to safeguard Your Personal Information. These measures are intended to protect against the loss, misuse, or alteration of the information under our control; however, Shane Frost cannot guarantee that our security measures will prevent parties (such as "hackers" or other bad actors) from illegally obtaining or misusing Personal Information.
ii. Although Shane Frost takes commercially reasonable security measures to protect Your Personal Information, Shane Frost must interact with third party servers and systems (for example, to support Your requests, provide services, and process Your transactions). Shane Frost strives to work with only reputable third parties vendors to provide those services, yet Shane Frost is not responsible for any acts or omissions of third parties that may result in compromising the security of Personal Information.
---> REFUND POLICY
A. What This Refund Policy Covers
All items can be returned to Shane Frost for a full refund/exchange. The buyer is responsible for shipping the item(s) back to Shane Frost, as well as covering the shipping costs on both ends.
Item(s) must be returned with in 14 days of purchase date and be in the same condition as they were received. For further questions please contact ShaneFrostXXX@gmail.com.