Pleasuresack.com Terms and Conditions
Welcome to www.Pleasuresack.com & PSGifts, Inc..com (the “Site”). This Site is maintained and operated by PSGifts, Inc. (“PSGifts” or “Company”).
BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SITE. PRICE INFORMATION FOUND ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. PLEASURESACK.COM & PSGIFTS, INC. RESERVES THE RIGHT TO CHANGE THESE TERMS & CONDITIONS OF USE AT ANY TIME WITHOUT NOTICE. IF YOU ARE NOT 18 YEARS OR OLDER OR DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MUST LEAVE THIS SITE IMMEDIATELY. VOID WHERE PROHIBITED. DUE TO THE PERSONAL NATURE OF OUR PRODUCTS, WE CANNOT ACCEPTS ANY RETURNS FOR ALL ITEMS SOLD WITHIN THIS SITE. ALL ITEMS ARE SOLD ARE IN NEW CONDITION, AND BY PLACING ANY ORDER YOU ACCEPT THE TERMS WITHIN THIS SITE.
Pleasuresack.com & PSGifts, Inc grants you a personal, limited non-transferable, non-exclusive license to access and use the Site. Pleasuresack.com & PSGifts, Inc reserves the right in our sole discretion and without notice to you to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site. Pleasuresack.com & PSGifts, Inc will not be liable to you or any third party for doing so. Pleasuresack.com & PSGifts, Inc may also impose rules and limits on use of the Site or restrict your access to part or all of the Site without notice. Your continued use of the Site will constitute your acceptance of any such changes.
Use of this Site
You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site and are responsible for the consequences of such communications. Any other use of the Site requires the prior written consent of Pleasuresack.com & PSGifts, Inc. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of Pleasuresack.com & PSGifts, Inc.. You may not publish, modify, or transmit the transfer of, sell, or create derivative work from or in any way exploit any of the content found on the Site in whole or in part.
We require all members to agree not to use the Site and specifically prohibit any use of the Site for any of the following purposes:
1. Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
2. Attempting to interfere in any way with the Site’s or Pleasuresack.com & PSGifts, Inc.’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.
3. Using the Site to drop ship merchandise to third parties
4. Posting any information which is untrue, inaccurate or not your own.
5. You may not use robots, spiders, data mining techniques or other automated devices/programs to catalog, download, or otherwise reproduce, store or distribute content available on the Site. You may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mail-bombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent.
6. Engaging in conduct that would constitute as criminal offense or give rise to civil liability or otherwise violate any law or regulation;
Registration and Passwords
Additional Terms and Conditions
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, and shipping policies, review guidelines.If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.
Use of the Site
As Pleasuresack.com & PSGifts, Inc. order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
The Subscription Contract Between You And Us
Pleasuresack.com & PSGifts, Inc. offers several subscription types:
1. Re-billable monthly subscriptions (“Monthly Subscriptions”)
2. Prepaid quarterly, semi-annual, and annual subscriptions (“Annual Subscriptions”)
3. Prepaid gift subscriptions of 3, 6, or 12 months (“Gift Subscriptions”).
By purchasing a Quarterly, Semi-Annual, or Annual Subscription, you acknowledge that you accept responsibility for all charges prior to cancellation. To cancel your Subscription at any time, you must email us and we will do it for you. If you cancel, you may use your subscription until the end of your then-current subscription term. Pleasuresack.com & PSGifts, Inc. may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Pleasuresack.com & PSGifts, Inc. reasonably could act.
By purchasing an Annual Subscription, you acknowledge that your subscription has an initial pre-payment feature for one full year of service. At the end of the year, your subscription will be automatically extended for another term of one year at the then-current subscription rate. You may only cancel your Annual Subscription during the first month of the subscription.
For Gift Subscriptions, the subscription will not be renewed after the then-current term expires. You cannot cancel a Gift Subscription and the pre-paid fee is non-refundable.
Returns, Refunds or Exchanges
Because of the intimate nature of the products sold by Pleasuresack.com & PSGifts, we cannot accept any returns, exchanges or commit to any refunds.
Product Information; Limitation on Quantities
Excluding any content that may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice. We do not guarantee that all products described on our Site will be available.
You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of Pleasuresack.com & PSGifts, Inc. or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, publicly perform, publish, adapt, edit, modify, copy, reproduce, transmit, publicly display, or create derivative works from any content or materials on the Site. Pleasuresack.com & PSGifts, Inc. and the Pleasuresack.com & PSGifts, Inc. logo are registered trademarks. All other trademarks are the property of their respective owners. All of our Site's content is Copyright 2015.
Pleasuresack.com & PSGifts, Inc., Inc. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by Pleasuresack.com & PSGifts, Inc..
By submitting or posting any materials or content on the Site, you grant Pleasuresack.com & PSGifts, Inc. a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Pleasuresack.com & PSGifts, Inc. the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Pleasuresack.com & PSGifts, Inc. will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
You assume all responsibility and risk with respect to your use of the Site. THE SITE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, PLEASURESACK.COM & PSGIFTS, INC. DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Pleasuresack.com & PSGifts, Inc. makes no warranties of any kind regarding any non-Pleasuresack.com & PSGifts, Inc. sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Pleasuresack.com & PSGifts, Inc. makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Pleasuresack.com & PSGifts, Inc. sites. Pleasuresack.com & PSGifts, Inc. does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
Disclaimer – No Professional Advice
Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.
Your total price will include the price of the product plus any applicable sales tax; such state or local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in the State of AZ where the goods sold over the internet are taxable.
Limits of Liability
IN NO EVENT SHALL PLEASURESACK.COM & PSGIFTS, INC., SUBSIDIARIES, AFFLIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF PLEASURESACK.COM & PSGIFTS, INC..COM & PSGIFTS, INC. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF PLEASURESACK.COM & PSGIFTS, INC., ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO PLEASURESACK.COM & PSGIFTS, INC.IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.
We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Risk of Loss
Any merchandise purchased from our Site will be shipped by the US Postal Service. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
Pleasuresack.com & PSGifts, Inc..com & PSGifts, Inc. specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Pleasuresack.com & PSGifts, Inc..com & PSGifts, Inc. will process notices of alleged infringement that it receives and will take appropriate action. Please contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms.
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
The failure of Pleasuresack.com & PSGifts, Inc. to partially or fully exercise any rights or the waiver of Pleasuresack.com & PSGifts, Inc. of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Pleasuresack.com & PSGifts, Inc. or be deemed a waiver by Pleasuresack.com & PSGifts, Inc. of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Pleasuresack.com & PSGifts, Inc. under these Terms and any other applicable agreement between you and Pleasuresack.com & PSGifts, Inc. shall be cumulative, and the exercise of any such right or remedy shall not limit Pleasuresack.com & PSGifts, Inc. right to exercise any other right or remedy.
The laws of the State of Arizona shall govern these Terms without regard to conflict of law's provisions.
Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential arbitration in Tucson, AZ; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Arizona. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to, venue and jurisdiction in the state and federal courts of Arizona Arbitration under these Terms will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to this Terms, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this Site or these Terms must be filed within 6 (six) months after such claim of action arose or be forever banned. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.
End of Legal Terms