TERMS OF USE
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.
This is a binding agreement (“Agreement”) between The Sphincter Factory, Inc. (“TSF”) and each person who uses this website (“You” or “Your”). This Agreement governs Your use of this website and all TSF sub-domains (e.g. www.sphincterfactory.com; www.sendahole.com; www.aholes.net, www.anonymousasshole.com) (the “Site”), including, without limitation, all content such as text, information, news, images, software and other downloadable material (collectively, the “Materials”), all products including, but not limited to, adult novelty products (the “Products”) and all services (the “Services”) made available to You through this Site by TSF and/or third parties.
BY USING THIS SITE: (I) YOU UNDERSTAND THAT YOU MAY BE EXPOSED TO MATERIALS, PRODUCTS AND/OR SERVICES THAT ARE OFFENSIVE, INDECENT OR OBJECTIONABLE AND (II) YOU AGREE TO THE TERMS OF THIS AGREEMENT.
OWNERSHIP OF MATERIALS: All Materials, Products and Services on this Site are provided by TSF unless indicated otherwise. All intellectual property rights in the Materials, Products and Services (including copyrights, trademarks, service marks, trade dress, trade secrets and patents) are the property of TSF. TSF retains all copyrights in the individual pages, and their components, and collective works available at the Site.
The Materials, Products and Services are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without TSF’s prior written permission.
Trademarks including The Sphincter Factory, Bag O’Bungs, and Anonymous Asshole are the property of TSF. All other names and trademarks are the property of their respective holders.
SINGLE COPY LICENSE: You may download one copy of the Materials found on the Site for use with the Products and/or Services. This is a license, not a transfer of title, and is subject to the following restrictions: You may not: (a) modify the Materials, Products or Services or use them for any commercial purpose or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software, Materials, Products or Services; (c) remove any copyright or other proprietary notices from the Materials, Products or Services; (d) transfer the Materials, Products or Services to another person. You agree to prevent any unauthorized copying of the Materials, Products or Services.
SECURITY: Certain pages on this Site may be accessed only by use of an e-mail address, password or other code. You are solely responsible for all uses of the Site with your e-mail address or any passwords and codes (collectively, “IDs”) assigned to or selected by you, including uses by a third person you permit or authorize to use your IDs. You agree to immediately notify TSF of any unauthorized use of Your IDs.
CONDITIONS OF SALE AND PAYMENT TERMS: To purchase any Materials, Products or Services on this Site, You must be at least eighteen (18) years of age or the applicable state age of majority. Prior to the purchase of any goods or services on this Site, You must provide us with payment in one of the forms specified on the Site.
ORDER ACCEPTANCE POLICY: Your receipt of an electronic or other form of order confirmation does not signify TSF’s acceptance of Your order, nor does it constitute confirmation of TSF’s offer to sell. TSF reserves the right at any time after receipt of your order to accept or decline your order for any reason.
MODIFICATION TO PRICES OR BILLING TERMS: TSF RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR MATERIALS, PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
GENERAL DISCLAIMERS: THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR ANY PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL TSF, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE MATERIALS, PRODUCTS OR SERVICES, OR (2) RELIANCE ON THE CONTENT, MATERIALS, PRODUCTS OR SERVICES; OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR (4) ANY OTHER FAILURE TO PERFORM BY TSF OR TSF’S CONTENT PROVIDERS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER TSF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TSF ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS, PRODUCTS OR SERVICES (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS SECURE, OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. Because some jurisdictions may not permit some or all of these disclaimers and limitations, the above limitations may not apply to You. TSF may make changes to the Materials, Products or Services, or to the products described therein, at any time without notice. TSF makes no commitment to update the Materials, Products or Services. Any description of Materials, Products or Services is not a representation that any such Materials, Products or Services are available for sale, use or distribution in Your location. TSF may remove any Materials, Products or Services from this Site at any time.
INDEMNITY: You agree to defend, indemnify and hold TSF, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including TSF’s reasonable attorneys’ fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement, (2) Your unauthorized or unlawful use of the Site, the Materials, Products or the Services, or (3) the unauthorized or unlawful use of the Site by any other person using Your IDs.
LIMITATION OF LIABILITY: IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, TSF SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND TSF AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE LESSER OF $50.00 OR THE FEES YOU PAID TSF DURING THE YEAR IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM. YOU AND TSF AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND TSF. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, TSF WOULD NOT PROVIDE THE SITE TO YOU.
USER SUBMISSIONS: You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. Unless otherwise agreed in writing prior to Your submission and except as set forth in the Privacy Policy incorporated herein by reference, any material, information or other communication You transmit or post to this Site (“Communications”) will be considered non-confidential and non-proprietary. TSF will have no obligations with respect to the Communications. TSF and its designees will be free to copy, disclose, distribute, perform, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes to the extent permitted by applicable law. Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. TSF hereby notifies You that any or all communications with this Site can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by TSF in its sole discretion and without further notice.
You understand and agree that the use, retention and dissemination of any of Your personal information provided to TSF is subject to and governed by TSF’s Privacy Policy, located at “Terms of Use and Privacy Policy” links on all TSF websites.
INTERACTION WITH RECIPIENTS:You are solely responsible for Your interactions with Your recipients of the Materials, Products and/or Services of the Site (“Your Recipients”). You understand that TSF does not in any way screen Your Recipients, nor does TSF inquire into the accuracy of the contact information or background of Your Recipients. TSF makes no representations or warranties as to the Recipients.
You understand and agree that the Products (of which certain Product are delivered anonymously to recipients) are novelty in nature, are provided by TSF solely as gag gifts and are intended by TSF to be used exclusively for personal, amusement and entertainment purposes. TSF does not provide the Products to You for purposes of causing damage or harm to the reputation of Your Recipients implying threats, slandering, harassing, vilifying, criticizing or disparaging Your Recipients or defaming the character of Your Recipients. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS PARAGRAPH, TSF WOULD NOT PROVIDE THE SITE TO YOU.
IN NO EVENT SHALL TSF, ITS PARENTS, SUBSIDIARIES, AFFILATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE MATERIALS, PRODUCTS AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM SENDING MATRIALS, PRODUCTS OR SERVICES TO YOUR RECIPIENTS OR COMMUNICATIONS OR MEETING WITH YOUR RECIPIENTS OR PERSONS YOU MEET THROUGH THIS SITE. You agree to take reasonable precautions in all interactions with Your Recipients, particularly if You decide to meet offline or in person.
COOPERATION WITH GOVERNMENT AUTHORITIES: TSF takes your anonymity seriously. However, if necessary and in accordance with applicable law, TSF will cooperate with local, state, federal, international and/or worldwide government authorities to protect this Site, visitors, customers, TSF, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents and operational providers, from the unauthorized use of this Site.
LINKS TO OTHER MATERIALS: The linked sites are not necessarily under the control of TSF and TSF is not responsible for the content of any linked site or any link contained in a non-affiliated linked site. TSF reserves the right to terminate any link or linking program at any time. TSF has selected the links for Your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If You decide to access any of the third party sites linked to this Site, You do so entirely at Your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and TSF shall not be responsible for notification of any change in name or location of any information on the Site.
DEALINGS WITH ADVERTISERS: Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. YOU AGREE THAT TSF, ITS PARENTS, SUBSIDIARIES, AFFILATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH DEALINGS OR AS A RESULT OF SUCH ADVERTISERS ON THE SITE.
APPLICABLE LAWS: This Site is controlled by TSF from its offices within New Milford, Connecticut. TSF makes no representation that Materials, Products or Services in this Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials, Products or Services in violation of United States export laws or regulations. Any claim relating to the Materials, Products or Services shall be governed by the internal substantive laws of the State of Connecticut.
DISPUTE RESOLUTION: Any dispute between TSF and You arising out of this Agreement shall be resolved first by direct communication with one or more of TSF’s Customer Service representatives. Should TSF and You be unable to resolve the dispute by communication, either TSF or You may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association nearest the place of TSF’s headquarters and pursuant to Connecticut law. The arbitrator shall fully implement the intent and purposes of this Agreement and indemnify non-breaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys' fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded.
ENTIRE AGREEMENT: This Agreement, including this Privacy Policy that follows, contains the entire agreement between You and TSF relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This Agreement may not be amended or supplemented by (1) any document or form originated by You relating to the subject matter hereof, or (2) statements of any of TSF's employees. TSF reserves the right to make changes to this Agreement at any time without advance notice. TSF agrees to post all amended forms of this Agreement on the Site and such amended forms shall be effective immediately upon posting. It is at all times Your responsibility to read the most current form of this Agreement before using the Site to ensure that You agree to the terms and conditions of any amendments made to this Agreement. You agree that this procedure for giving notice of amendments to this Agreement is reasonable.
TERMINATION: Your right to access and use the Site, Materials, Products and/or Services immediately terminates without further notice upon Your breach of this Agreement. TSF may terminate this Agreement and/or Your right to use the Site at any time, with or without cause. Sections 1, 7, 8, 9, 10, 11, 12, 13, 14, 15, 18, 19, 21 and 23 of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. TSF reserves the right to discontinue or make changes to the Site, Material and/or Services at any time.
ASSIGNMENT: TSF may assign this Agreement, in whole or in part, in its sole discretion.
WAIVER OF BREACH: Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.
NOTICE: TSF may deliver notice to You under this Agreement by means of electronic mail, a general notice on www.sendahole.com or by written communication delivered by first class U. S. mail to Your address on record in TSF’s account information. You may give notice to TSF at any time via electronic mail to info@sendahole.com or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:
The Sphincter Factory, Inc.
P.O. Box 1507
New Milford, Connecticut 06776
If You object to any material found on this Site, please bring Your concerns to info@sendahole.com
HEADINGS: The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
INVALIDITY: If any provision of this Agreement shall be determined to unenforceable as applied to any particular case or circumstance, the provision or provisions in question shall not be unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become unenforceable and such provision shall be reformed so that it would be enforceable to the maximum extent permitted in such circumstances.
OTHER ITEMS. KEEP PRODUCTS OUT OF REACH OF CHILDREN. PRODUCTS ARE NOT INTENDED FOR HUMAN CONSUMPTION. IN CASE OF INGESTION, GET MEDICAL HELP RIGHT AWAY.
Terms of Use Effective Date: April 12, 2007
Copyright © 2007 The Sphincter Factory, Inc. All rights reserved.
PRIVACY POLICY
General Statement
This Privacy Policy (“Privacy Policy”) discloses the privacy practices for The Sphincter Factory, Inc. (“TSF”) with regard to your (“You” or “Your”) use of this website and all TSF sub-domains (e.g. www.sphincterfactory.com; www.sendahold.com; www.a-holes.net, www.anonymousasshole.com) (the “Site”). TSF is committed to Your privacy. TSF hereby notifies You of:
1.What personally identifiable information of Yours is collected from You through this Site and how the information is used.
2. How the information may be shared.
3. How TSF protects Your information.
4. How You can correct any inaccuracies in the information.
I. WHAT PERSONALLY IDENTIFIABLE INFORMATION OF YOURS IS COLLECTED AND HOW THE INFORMATION IS USED.
TSF IS THE SOLE OWNER OF THE INFORMATION COLLECTED ON THIS SITE. TSF WILL NOT SELL, SHARE, TRANSFER OR RENT THIS INFORMATION TO OTHERS IN WAYS DIFFERENT FROM WHAT IS DISCLOSED IN THIS PRIVACY POLICY. TSF COLLECTS INFORMATION FROM YOU ON CERTAIN PAGES ON THIS SITE.
On certain pages on the Site, You will be asked for Your contact information (such as name, e-mail address, telephone number, fax number, information about your interests in and use of various products, programs, and services, educational level and interests and/or billing information). Such information allows TSF to process and fulfill Your request. Your contact information is also used to confirm Your identity and to contact You about the services on the Site for which You may have expressed interest.
When the Site requests Your identity, the Site will clearly indicate the purpose of the inquiry before the information is requested.
Every computer connected to the Internet is given a domain name and a set of numbers that serve as that computer's "Internet Protocol" or IP address. When You request a page from any page within the Site, our Web servers automatically recognize Your domain name and IP address. The domain name and IP address reveal nothing personal about You other than the IP address from which You have accessed the Site.
TSF may use IP addresses to analyze trends, administer the Site, track Your movement, and gather broad demographic information for aggregate use.
d. Children’s and Minor’s Privacy
You may opt-out of receiving communications from TSF at the point where the Site requests personally identifiable information about You.
To be removed from an e-mail list, contact info@sendahole.com or follow the instructions contained in any e-mail correspondence that you receive from TSF.
To unsubscribe from a third party service, you must contact that third party directly.
A cookie is a small piece of data that is sent to Your browser from a Web server and stored on Your computer’s hard drive. A cookie cannot read data off Your hard disk or read cookie files created by other sites. Use of a cookie is in no way linked to any personally identifiable information while on the Site. Once You close Your browser, the cookie simply terminates.
Some of TSF’S business partners may use cookies on the Site. However, TSF has no access to or control over these cookies. TSF and its business partners may use cookies to better personalize the content, banners, and/or promotions that You see on the Site.
You can choose whether to accept cookies by changing the setting of Your browser. You can reset your Browser to refuse all cookies or allow Your browser to show You when a cookie is being sent. If You reject the cookies on the Site, You may still use the Site.
II. HOW INFORMATION MAY BE SHARED.
TSF may share aggregated demographic information with TSF’s partners. THIS IS NOT LINKED TO ANY PERSONAL INFORMATION THAT CAN IDENTIFY ANY INDIVIDUAL PERSON.
To the extent that Your credit card information is collected by TSF or any of its affiliates or subsidiaries, such information will be kept in confidence and will not be shared with any third parties (other than consumer credit agencies) without Your prior consent.
TSF shall not be liable for the transfer or disclosure of any personal identification information resulting from loss or distribution of data, the delineation or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, sabotage, terrorism or any other event beyond TSF’s control.
Information collected from You may be transferred to a third party as a result of a sale, merger or corporate transfer involving TSF.
Notwithstanding anything to the contrary herein, TSF maintains a strict “No-Spam” policy, which means that TSF does not intend to sell, rent or otherwise give your e-mail address to a third party without Your consent.
TSF takes your anonymity seriously. However, TSF can (and You authorize TSF to) disclose Your personal data and other information about You as TSF, in its sole discretion, believes necessary or appropriate: (1) to cooperate with law enforcement inquiries, as well as other third parties, to enforce laws and third party rights, such as intellectual property rights and laws relating to fraud, and to investigate, to prevent, or to take action regarding illegal activities, situations involving potential threats to the physical safety of any person; (2) to comply with properly authorized civil, criminal or regulatory investigations, investigative demands, discovery requests, subpoenas, or summonses; (3) to investigate suspected violations of The Sphincter Factory, Inc.’s Terms of Use; or (4) otherwise to comply with the requirements of law.
III. HOW TSF PROTECTS YOUR INFORMATION.
When TSF requests that You enter sensitive information, TSF encrypts such information with encryption software.
TSF also protects Your personal information off-line. Access to Your personal information is limited to employees who TSF reasonably believes will need that information to provide services to You.
This Site may contain links to other sites. The linked sites are not necessarily under the control of TSF. Please be aware that TSF is not responsible for the privacy practices of such other sites. TSF encourages You to be aware when You leave this Site and to read the privacy policies of each and every website that collects personally identifiable information. If You decide to access any of the third party sites linked to this Site, You do this entirely at your own risk. Any links to any partner of the Site are the responsibility of the linking party, and TSF shall not be responsible for notification of any change in name or location of any information on the Site.
IV. CORRECTING INACCURACIES.
If personally identifiable information previously submitted to TSF by You changes (such as name, e-mail address, telephone number, fax number, information about your interests in and use of various products, programs, and services, educational level and interests and/or billing information), You can update Your profile on the MY ACCOUNT page of the Site.
If TSF decides to change the Privacy Policy for this Site, TSF will post those changes on www.sendahole.com. All changes are effective immediately upon posting.
As necessary, TSF may send You Site and service announcement updates. You are not able to un-subscribe from service announcements, which contain important information about the Site. TSF communicates via e-mail with You to provide requested services and to resolve issues relating to Your accounts.
d. Consent to This Policy
By using this Site, you consent to the collection and use of information by TSF as specified in this Privacy Policy.
Privacy Policy Effective Date: April 12, 2007
Copyright © 2007 The Sphincter Factory, Inc. All rights reserved.