Last Updated: February 2023
This Web site (the "Site") is offered to you by Xgen Products LLC (the "Company") on the condition that you accept the terms, conditions, and notices contained in this Web Site User Agreement and any amendments (the Agreement") and on other pages of the Site.
YOU AGREE TO READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE. YOU MAY NOT ACCESS OR USE THIS WEB SITE UNLESS YOU AGREE TO THEM. BY USING THIS WEB SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS, CONDITIONS AND NOTICES IN THIS AGREEMENT AND YOU AGREE TO THEM.
The Company reserves the right to change the terms, conditions and notices under which this Web site is offered at any time in its sole discretion, and your continued use constitutes agreement to any such changes.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
- You are at least 18 years of age (21 in some states) and have the legal right to possess adult oriented materials and sex toys in your community and legal jurisdiction. you have provided true, accurate, current and complete information about yourself as prompted on the site. Your billing address should be the address and phone number your credit card bank has on file for you.
- You will not use this Web site for any purpose that is improper, unlawful or prohibited by the terms, conditions or notices in this Agreement and on this Web site and that you will act in good faith in your relationships with COMPANY.
- You understand that you will be exposed to sexually oriented visual images, verbal descriptions and products of an erotic nature, which may include graphic visual depictions and descriptions of nudity and sexual activity. You affirm that you are voluntarily choosing to do so, because you want to shop, purchase, view or read the various materials which are available for your own personal enjoyment, information and/or education. Your choice is a manifestation of your interest in sexual matters, which is both healthy and normal and, which, in your experience, is generally shared by average adults in your community.
- You are familiar with the standards in your community regarding the acceptance of such sexually oriented materials, and the materials you expect to encounter are within those standards. In your judgment, the average adult in your community accepts the consumption of such materials by willing adults in circumstances such as this which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive.
- By using the Website, you represent and warrant that you will only use our Website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any criminal law, intellectual property law, privacy law or any other applicable law or regulation. You also represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract. You agree not to attempt to interfere with our Website's network or security features or to gain unauthorized access to our systems
You agree not use the Web site to:
- Upload, post or otherwise transmit any communication or material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, that infringes any copyright, trademark, trade secret, patent or other proprietary right, disruptive to the site, harmful to minors, hateful, or racially, ethnically or otherwise objectionable;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Web site;
- Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation except as otherwise expressly authorized by the Company;
- Disrupt or interfere with the operation of the Web site or any servers or networks connected to the Web site service or disrupt any other user's enjoyment of the Site of any affiliated or linked sites; Violate any applicable local, state, national or international law or regulation;
- Upload, post or otherwise transmit any obscene material or material containing child pornography.
- Upload, post or otherwise transmit any material containing viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, or surreptitiously intercept or expropriate any system, data or personal information.
- Deeplink to this Site, use any meta tags or other hidden text using our name, trademark or product name, or frame any Content without our express written consent;
- Collect or store personal data about other users.
This website's terms and conditions are directed to residents of the United States. While using this website and/or the Site Materials, you also agree not to:
- Restrict or inhibit any other visitor from using this website, including, without limitation, by means of "hacking," "denial of service" attacks or defacing any portion of this website;
- Use this website or the materials for any unlawful or unauthorized purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about us, any of our licensees or affiliates, or any third party without the authorization to do so; (c) any trade secret of ours, any of our licensees or affiliates, or any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- Engage in spamming or flooding;
- Modify, adapt, sub-license, translate, sell, transfer, reverse engineer, decompile, or disassemble any portion of this website or its materials;
- "Frame" or "mirror" any part of this website without our prior written authorization;
- Tamper in any way with the software or functionality of this website, including, without limitation, transmitting or posting any software or other materials to this website that contains any viruses, time bombs, Trojan horses, worms, cancel bots or other computer programming routines that may damage, interfere with, intercept, or expropriate any system, data, or information;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of this website or its contents;
- Harvest or collect information about visitors to this website without their express consent;
- Create a database by systematically downloading and storing all or any of the information on this website;
- Make postings of a commercial nature; or
- Permit others, including those whose accounts were terminated, to access this website through your account, username or password.
In addition, while using this website, you agree to comply with all applicable laws, rules, and regulations.
You agree to indemnify and hold the Company, its directors, officers, agents, affiliates, suppliers and employees harmless from any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney's fees) which arise out of, are connected with or directly relate to your use of the Site, the products obtained through the site or any violation of this Agreement.
USE OF INFORMATION AND PRIVACY
LINKS TO OTHER WEB SITES
The Site may contain links to Web sites operated by parties other than the Company. The links are provided for your convenience only. The Company does not control the Web sites and is not responsible for the content on such Web sites. By offering links, the Company is not implying that it endorses anything contained on such Web sites or has any association with the operators of the Web sites.
LIABILITY LIMITATION & DISCLAIMER OF WARRANTIES
Information or advice received from this Web site should not be relied upon for personal, medical, legal or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation.
THE COMPANY, ITS DIRECTORS, OFFICERS, AGENTS, AFFILIATES, EMPLOYEES AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE RELIABILITY, ACCURACY, SUITABILITY OR TIMELINESS OF THE CONTENT, PRODUCTS OR SERVICES ACCESSIBLE THROUGH THE SITE. ALL INFORMATION AND SERVICES ARE PROVIDED "AS IS" OR "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, AND PRODUCTS ARE PROVIDED SOLEY WITH A LIMITED WARRANTY. OTHER THAN THE LIMITED WARRANTY FOR PRODUCTS DESCRIBED ABOVE, THE COMPANY AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE, INCLUDING (WITHOUT LIMITATION) ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES WHATSOEVER. WITHOUT LIMITING THE FOREGOING , THE COMPANY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS OR LOSS OF USE IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE. THE COMPANY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY, ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
There is no confidential, fiduciary, contractually implied or other relationship created between you and the Company other than as stated in this Agreement. You agree that no joint venture, partnership, employment or agency relationship exists between you and the Company as a result of this Agreement or use of this Web site.
This Web site is controlled, operated and administered by the Company from its offices within the United States of America. The Company makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the site or export the Content in violation of any applicable laws and regulations. If you access this site from a location outside of the United States, you are responsible for compliance with all local laws.
This Agreement has been written in English, and you waive any right you may have under any laws to have this Agreement written in any other language. You represent that you have the ability to read and write in English and you have read and understood this Agreement. If this Agreement is translated into a language other than English, the English version and interpretation shall govern and prevail. All communications between the parties hereunder shall be in English.
This Agreement is governed by the laws of the United States and of the State of California. Unless otherwise agreed in writing, any claim, dispute or controversy of any kind, in any way arising out of or relating to the Site, this Agreement, or any purchase made through the Site (excepting any claim, dispute or controversy relating to intellectual property rights) shall be subject to exclusive, final and binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, and conducted in Los Angeles County, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Any litigation relating to this Agreement shall be subject to the jurisdiction of the Federal Courts of the Central District of California, with venue lying in Los Angeles, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys fees and expenses. You agree that any cause of action you may have with respect to your use of the Site, this Agreement or any purchase made through the Site must be commenced within one (1) year after the claim or cause of action arises.
In the event any provision of this Agreement is determined to be invalid, illegal or otherwise unenforceable, such provision shall be deemed to have been deleted from this Agreement. The remainder of this Agreement shall remain in full force and effect according to its terms.
This Agreement contains the entire understanding and agreement of the parties with respect to the use of this Web site. It supersedes all prior oral or written understandings and agreements relating to use of this Web site. Company's waiver of any provision of this Agreement shall not be deemed to waive it for the future.
You agree that we may, in our sole discretion, at any time and without cause, may terminate your use of the Site or any portion of the Site, without liability to you. Sections entitled Liability Limitation & Disclaimers of Warranty, Indemnity, and General will survive any termination of this Agreement.
Privacy & Security Policy
Please take a minute to read the following policy so you understand how we use the personal information we ask you to submit. As we update and expand our services, this policy may change, so please refer back to it periodically. If you use any of services provided by Xgen Products, you agree to these terms and conditions.
When you register at Xgen Products we ask you for your personal information. We use this information to process your orders and to communicate with you about the status of your orders. We may also use your e-mail address to send you messages about special offers being made available by Xgen Products, promotional announcements and/or consumer surveys. If you no longer want to receive e-mails containing promotional announcements and/or consumer surveys, simply reply to the e-mail and request to be unsubscribed.
Collection and Use of Information
When you first register at Xgen Products, we ask you for your e-mail address, your telephone number, and that you create a password. We then ask you for your full name, physical address, and credit card number, so we can correctly ship your order to you. We use your telephone number only if there is an order-related issue, not for marketing purposes. We will never rent or sell your name, address, email address, credit card information or personal information to any third party without your permission.
You must certify that you are at least 18 years old. All individuals under eighteen (18) years of age are strictly prohibited from using the services provided by Xgen Products. Our server stores this information so that placing future orders will be quicker and easier. If you want to update your address or change credit cards, go to your Account page and make the appropriate changes. You must be logged in with Xgen Products to access your Account page. We also track your order and billing history so you can access Your Account and immediately determine which DVDs you've rented and how you paid for them. This information is also used to remove rented titles from your wish list.
When registering at Xgen Products, we may subscribe you to various e-mail publications. You can find more information on these programs, including information on how to unsubscribe, by going to the Xgen Products Account Page. . You may unsubscribe from some of these messages by clicking the "Unsubscribe" link at the bottom of any email message from us or by contacting us directly at firstname.lastname@example.org, although we reserve the right to contact you when we believe it is necessary, such as for account recovery purposes or in connection with a purchase you have made on the Services.
Viewing and Updating Your Information on Xgen Products
You can always access the personal information you have provided to Xgen Products by clicking on Account at the top of the page. You can make changes to this information to update your account anytime.
As you browse the Xgen Products site, cookies are placed on your computer's hard drive. (Cookies are small pieces of data that are sent to your browser from a Web server and stored on your hard drive.) Cookies allow us to track the items you select, and help us match your address and credit card information with your order so you don't need to retype the information each time you visit our site.
If your browser is set to not accept cookies, you will not be able to use the Xgen Products site or service.
Generally, the Services automatically collect certain usage information, such as the number and frequency of visitors to the Services that we may use in aggregate or anonymized form. This type of aggregate data enables us and third parties authorized by us to better understand our Services, such as by helping us figure out how often individuals use parts of the Services so that we can analyze and improve them. We also automatically receive and record information from your web browser when you interact with the Services, such as your IP address, browser type, ISP, referring/exit pages and cookie information. We may also collect device-specific information about the device you use to access the Services, such as unique device identifiers, network information and hardware model, as well as information about how the device interacts with our Services and information about where you access the Services from. This information is used for purposes such as facilitating analyses of data concerning registered and unregistered users' interaction with the Services (e.g., what links you have clicked on). Non-Personal Information (defined below) that we automatically collect may be combined by us or our Business Partners with other information about you, including Personal Information, and used in connection with our business or to provide you with information, products and services that we believe may be of interest to you.
We may employ third-party companies and individuals due to the following reasons:
These third parties may have access to your personal information to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
NOT MEDICAL ADVICE
Information provided on the Website including without limitation information regarding product attributes is provided as general information. Information provided on the Website is not intended to be medical advice, nor is it intended to replace the need to consult a healthcare provider. Rather, we provide this information for discussion between consumers and their healthcare providers who will ultimately make any decisions regarding treatment.
Except as described in this section, we will not sell, rent or disclose your personally identifying information to third parties without notifying you of our intent to share the information and giving you an opportunity to prevent your information from being shared.
We occasionally use other companies, agents or contractors to perform services necessary to our operations. For example, we have partnered with other companies to personalize our Web pages, process credit card transactions, analyze customers' interaction with our site and process consumer surveys. We also provide postal addresses to the U.S. Postal Service for mail delivery purposes. In the course of providing such services, these companies may have contact with your personally identifying information. By contractual agreement, these companies must treat your information in accordance with this Policy. We will not be liable for any damages that may result from the misuse of your personal information by these companies.
From time to time, we may partner with companies whose products we believe will interest our users. In conjunction with these partners, we occasionally send promotional announcements to particular customers. We do not automatically include our users in any particular marketing promotion; instead, we use a variety of factors, including user activity at the Xgen Products, to determine the appropriate users. You can go to the Xgen Products Account Page and request that your name be excluded from these mailings with our marketing partners. We may use a vendor to carry out these mailings. However, the partner company never sees your e-mail address or any other information that could identify you or be used to contact you directly.
Any exceptions to this policy of sharing your name, address or e-mail address with a partner company will be done only with your permission. Xgen Products also reserves the right to disclose information when required to do so by law. Customers should check back for updates to this policy. Xgen Products will obtain e-mail consent from any user if the company is going to be using the information collected in a manner different from that stated when the user registered.
Security and Access
For transmitting your personal information to us, we use a secure server (SSL), which encrypts all of your personal information. This encryption process ensures that the information you give us is protected against unauthorized access. You can access Your Account from every page on the site to update and correct your name, e-mail address, password, postal address, credit cards, and mailing list preferences. Please note that you must be logged in to Xgen Products to access this information.
We have implemented technology and security features, as well as strict internal guidelines, to safeguard the privacy of your personal information from unauthorized access or improper use. We will continue to enhance our security procedures as new technology becomes available. While we make every effort to ensure that your information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.