ACCEPTANCE OF TERMS

Welcome to Sexy Suggestions. Succulent Enterprises Inc. (“Succulent Enterprises”) provides this website and related services to you, subject to the following Terms of Use, which may be updated by us from time to time without notice to you. You can review the most current version of the Terms of Use at any time at:

http://www.sexysuggestions.com/terms-of-use

In addition, when using particular Succulent Enterprises services, you may be subject to guidelines or rules or additional terms (which may be posted from time to time) applicable to such services and which are incorporated by reference into the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. Succulent Enterprises may also offer other services that are governed by different Terms of Use.

DESCRIPTION OF WEBSITE CONTENT & SERVICES

Succulent Enterprises currently provides users with access to a broad collection of information resources, including newsletters and personalized content which may be accessed through various mediums or devices now known or hereafter developed (the “Website Content“). You understand and agree that the Website Content may include advertisements and that these advertisements are necessary for Succulent Enterprises to provide the website.

Succulent Enterprises offers an opt-in, subscriber based newsletter as part of the website service (the “Newsletter“). You understand and agree that the Newsletter may include certain communications from Succulent Enterprises, such as product and service announcements and administrative messages that are considered part of the Sexy Suggestions membership, and that you can opt out of receiving them at any time by terminating your subscriber membership to the Newsletter. Unless explicitly stated otherwise, any new features that augment or enhance the current Website Content, including the release of new Succulent Enterprises properties, are subject to the Terms of Use. You understand and agree that the Website Content and Newsletter are provided “AS-IS”, “AS-AVAILABLE” and that Succulent Enterprises assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, subscriptions or personalization settings. In particular, but not by way of limitation, Succulent Enterprises may delete accounts or the information therein if the account is inactive for greater than fifty-nine (59) days.

Succulent Enterprises reserves the right at any time to modify or discontinue, temporarily or permanently, the Website Content and/or Newsletter (or any part thereof) with or without notice. You agree that Succulent Enterprises will not be liable to you or to any third party for any modification, suspension or discontinuance of the website service.

You are responsible for obtaining access to the Website Content and/or Newsletter and that access may involve third party fees (such as internet service provider or wireless charges). You are responsible for those fees, including fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Website Content and/or Newsletter.

Please be aware that Succulent Enterprises has created certain areas of the Website Content that contain adult or mature subject matter. You must have attained the age of majority in the province, state or territory in which you live to access such areas in the Website Content. The Newsletter content is also intended for mature adults and you must certify that you are a mature adult legally capable of receiving it in order to register for the subscription.

By accessing the Sexy Suggestions Website Content, you represent and warrant that YOU:

  1. have attained the age of majority (at least 21 years of age in many locations) and have the legal right to possess adult oriented materials and sex toys and/or products in your community and legal jurisdiction.
  2. have provided true, accurate, current and complete information about yourself as prompted on the website.
  3. will not use this Website Content for any purpose that is improper, unlawful or prohibited by the terms, conditions or notices in this Terms of Use agreement and on this website and that you will act in good faith in your relationships with Succulent Enterprises.
  4. understand that you will be exposed to visual images, written descriptions and audio sounds of a sexually oriented, explicitly erotic nature, that may include graphic visual depictions and descriptions of nudity and sexual activity.
  5. affirm that you are voluntarily choosing to access the Website Content because you want to view, read and/or hear the various adult materials which are available, for your own personal entertainment, enjoyment, information and/or education.
    Your choice is a manifestation of your interest in sexual matters, which you consider to be both healthy and normal and which, in your experience, is generally shared by average adults in your community.
  6. are familiar with the standards in your community regarding the acceptance of such sexually oriented materials, and that the materials you expect to encounter in the Website Content are within those standards.
    In your judgment, the average adult in your community accepts the consumption of such materials by willing adults in situations/circumstances that offer reasonable insulation of the materials from minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive.
  7. acknowledge that the Website Content is not intended to provide any type of medical advice and that all sexual activities and practices you engage in, whether suggested or inspired by the Website Content, are done strictly voluntarily at your own risk and discretion and involves only consenting adults. Please contact appropriate professionals for medical or health related concerns.

INTERNATIONAL USERS

This website is controlled, operated and administered by Succulent Enterprises from its office in Ontario, Canada. Succulent Enterprises makes no representation that materials at this site are appropriate or available for use at other locations outside of Canada and access to them from territories where their contents are illegal is prohibited. You may not use the site or export any of its content in violation of any applicable laws and regulations. If you access this site from a location outside of Canada, you are responsible for compliance with all local laws.

LINKS TO OTHER WEBSITES

The Sexy Suggestions Website and/or Newsletter may contain links to external websites operated by parties other than Succulent Enterprises. The links are provided for your convenience only. Succulent Enterprises does not control these websites and is not responsible for the content on such websites. By offering links, Succulent Enterprises is not implying that it endorses anything contained on such websites or has any association with the operators of the websites. You further acknowledge and agree that Succulent Enterprises is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Website Content and/or Newsletter service, you represent that you are of legal age to receive the content and are not a person barred from receiving these services under the laws of Canada or other applicable jurisdictions. You also agree to:

  1. Provide true, accurate, current and complete information about yourself as prompted by the registration form(s) (such information being the “Registration Data”) and
  2. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

If you provide any information that is inaccurate, untrue, not current or incomplete, or Succulent Enterprises has reasonable grounds to suspect that such information is inaccurate, untrue, not current or incomplete, Succulent Enterprises has the right to suspend or terminate your account and refuse any and all current or future use of the Website Content and/or Newsletter (or any portion thereof).

PRIVACY POLICY & USE OF INFORMATION

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at:

http://www.sexysuggestions.com/privacy-policy

You understand that through your use of the Website Content you consent to the collection, use and disclosure of this information, only as permitted by the Privacy Policy, including the transfer of this information to the United States and/or other countries for storage, processing, and use by Succulent Enterprises and its affiliates in order to provide the Website Content and/or Newsletter services to you.

You agree that Succulent Enterprises may use and disclose any information and material received from you, or collected through your use of the Website, in accordance with Succulent Enterprises’ stated Privacy Policy or when Succulent Enterprises has a good-faith belief that disclosure is required by law or legal process, or to protect the rights of Succulent Enterprises, the public or others. You understand and agree that the Privacy Policy may change from time to time.

All IDs associated with your account(s) are the property of Succulent Enterprises or its affiliates, and are not your personal information.

CONTENT PROVIDED BY YOU

By posting messages or engaging in other communication to Succulent Enterprises or this website, you grant to Succulent Enterprises a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use, download, copy, reproduce, modify, distribute, publish, transmit, transfer, sell, license, display, perform, adapt and otherwise exploit such communication (in whole or in part) in all media now known or hereafter devised, and you agree that Succulent Enterprises is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Succulent Enterprises. You further recognize that Succulent Enterprises does not want you to, and you represent and warrant that you shall not, provide any information or materials to Succulent Enterprises that are defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporate the proprietary material of another. You acknowledge and agree that communications and transmission to and from the Sexy Suggestions website are not confidential. You waive all rights to any claim against Succulent Enterprises, its directors, officers, agent, suppliers or employees for any alleged or actual infringement of any proprietary, privacy, publicity, moral or attribution rights in connection with such communication.

MEMBER CONDUCT

As a subscription member of Sexy Suggestions, you will be provided with the capability to submit comments and reviews. By using this Website Content you acknowledge that there are prohibited activities and you agree not to use the website to:

  1. Upload, post, email, transmit, or otherwise make available any electronic content that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable or generally unlawful
  2. Upload, post, email, transmit or otherwise make available any electronic content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party
  3. 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 Succulent Enterprises
  4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted via the Website Content
  5. Disrupt or interfere with the operation of the website or any servers or networks connected to the website service or disrupt any other user’s enjoyment of the Website Content or of any affiliated or linked websites
  6. Violate any applicable local, provincial, state, national or international law or regulation
  7. Upload, post or otherwise transmit any obscene material or material containing child pornography
  8. 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
  9. Collect or store personal data about other users

You acknowledge that Succulent Enterprises does not pre-screen all member provided content, but that Succulent Enterprises and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any such material that is available via the Website Content. Without limiting the foregoing, Succulent Enterprises and its designees shall have the right to remove any content that violates the Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

During registration for a Succulent Enterprises ID, you will select a password and a unique member ID. Upon successful registration for the Website Content and/or Newsletter, you will receive an account designation. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under your account, including your password. You agree to:

  1. Immediately notify Succulent Enterprises of any unauthorized use of your password or account or any other breach of security, and
  2. Exit from your account at the end of each session

Succulent Enterprises will not be liable for any loss or damage arising from your failure to comply with the requirements of this Terms of Use section.

PERSONAL AND NON-COMMERCIAL USE

This website, including all information, text, graphics and software (collectively referred to as “Website Content“), is copyrighted and protected by world wide trademark, copyright and other intellectual property laws and treaty provisions. (Copyright © 2014 Succulent Enterprises Inc. and/or its suppliers or affiliates. All rights reserved.) Succulent Enterprises, Sexy Suggestions, SexySuggestions.com, Frisky Foreplay, FriskyForeplay.com and other names of Succulent Enterprises products and/or services referred to in the Website Content are trademarks or registered trademarks of Succulent Enterprises. Other product and company names mentioned in the Website Content are the trademarks of their respective owners unless otherwise specified. Apple, the Apple logo, iPad, and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. iTunes is for legal or rightholder-authorized copying only. Don’t steal music.

Succulent Enterprises authorize you to view, download and/or copy the Website Content for your own personal, non-commercial use as long as you maintain all copyright and other notices contained in the content, with all other rights reserved. You agree to comply with all copyright laws worldwide in your use of this website and to prevent any unauthorized copying of the Website Content. Except as expressly provided herein, Succulent Enterprises does not grant any express or implied intellectual property right to you.

You agree not to reproduce, copy, duplicate, trade, sell, or exploit for any commercial purposes, any portion of the Website Content and/or Newsletter (including the Sexy Suggestions ID associated with your account), use of the Website Content, or access to the Website Content.

DISCLAIMER OF WARRANTIES, ETC.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SUCCULENT ENTERPRISES INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. SUCCULENT ENTERPRISES INC. MAKES NO WARRANTY THAT:
    1. THE WEBSITE WILL MEET YOUR REQUIREMENTS,
    2. THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
    3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE,
    4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED OR PURCHASED BY YOU THROUGH THE WEBSITE OR AN AFFILIATES WEBSITE WILL MEET YOUR EXPECTATIONS, AND
    5. ANY ERRORS IN THE SOFTWARE OR PRODUCT LITERATURE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED, EMAILED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SUCCULENT ENTERPRISES OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE AGREEMENT.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SUCCULENT ENTERPRISES INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCCULENT SUGGESTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  1. THE USE OR THE INABILITY TO USE THE WEBSITE;
  2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES OBTAINED OR PURCHASED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE;
  3. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
  4. ANY OTHER MATTER RELATING TO THE USE OF THE WEBSITE.

DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website Content, including payment and delivery of related goods or services, and any other terms, WARRANTIES, REPRESENTATIONS, OR CONDITIONS associated with such dealings, are solely between you and such advertiser. You agree that Succulent Enterprises is not responsible or liable for any loss or damage of any sort incurred as a result of such dealings or as a result of the presence of such advertisers presented in the Website Content and/or Newsletter.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SPECIFIC SECTIONS MAY NOT APPLY TO YOU.

RELATIONSHIP

There is no confidential, contractually implied, fiduciary or other relationship created between you and Succulent Enterprises other than as stated in this Terms Of Use agreement. You agree that no joint venture, partnership, employment or agency relationship exists between you and Succulent Enterprises as a result of this Terms of Use agreement or use of this website.

NOTICE AND PROCEDURE FOR MAKING COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS

Succulent Enterprises respects the intellectual property of others, and we ask our users to do the same. Succulent Enterprises may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users deemed to disregard these policies. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Succulent Enterprises with the following information in writing:

  • A detailed and specific description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A detailed specification of where the material that you claim is infringing is located on the website;
  • A signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • Your address, telephone number, and email address;
  • An official statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A definitive statement by you that the above information in your Notice of Infringement is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Upon receipt of any copyright or other intellectual property infringement claim, Succulent Enterprises will investigate and, upon confirmation of infringement, remove the offending content from the website.

You may send copyright or other intellectual property infringement claims to:

Succulent Enterprises
Attn: Legal
900 Greenback Road Suite 414
Nepean, Ontario, Canada
K2J 4P6

GENERAL

You agree to indemnify, defend and hold harmless Succulent Enterprises, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of our services, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of Use will inure to the benefit of Succulent Enterprises’ successors, assigns and licensees.

The Terms of Use and the relationship between you and Succulent Enterprises shall be governed by the laws of the province of Ontario and Canada, without giving effect to its conflict of laws provisions or your actual province, state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect. You and Succulent Enterprises agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario, Canada.

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Succulent Enterprises.

The failure of Succulent Enterprises to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or related to the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

You agree that this Terms of Use agreement and any of its accessories, including any and all notices, will be written in the English language. Les parties aux présentes ont exigé que ce contrat et ses accessoires, y compris tout avis, soient rédigés en anglais.

Last Modified Sept 20, 2014
Sealed with a Kiss