Terms and Conditions
Welcome to sayitwithacondom.com (hereinafter “website”).
By accessing sayitwithacondom.com (including its related sites, services and tools), you agree to the following terms with Say It With A Condom, LLC and the general principles for the websites of any of our subsidiaries and affiliates. Please read them carefully.
By accessing any areas of sayitwithacondom.com, you agree to be legally bound and to abide by the terms and conditions set forth below.
The website is owned and operated by Vertu Group, LLC. Any references herein to the website shall be deemed to also refer to Vertu Group, LLC, as applicable under the circumstances.
Sayitwithacondom.com is a service mark of Say It With A Condom, LLC or its affiliates. All rights reserved. These and other sayitwithacondom.com graphics, logs and service marks and trademarks of Say It With A Condom, LLC and its affiliates may not be used without prior written consent of Say It With A Condom, LLC or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on sayitwithacondom.com are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of sayitwithacondom.com is at User's sole risk. Neither sayitwithacondom.com nor its affiliates nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, Providers), or the like, warrant that sayitwithacondom.com will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of sayitwithacondom.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through sayitwithacondom.com.
THIS SITE IS PROVIDED BY SAYITWITHACONDOM.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS. SAYITWITHACONDOM.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SAYITWITHACONDOM.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.SAYITWITHACONDOM.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY SAYITWITHACONDOM.COM NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstance shall sayitwithacondom.com or any other party involved in creating, producing, or distributing sayitwithacondom.com be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use sayitwithacondom.com, including but not limited to reliance by User on any information obtained from sayitwithacondom.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to sayitwithacondom.com's records, programs or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through sayitwithacondom.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
A. PROPRIETARY RIGHTS
User acknowledges that sayitwithacondom.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively, Content) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and sayitwithacondom.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
B. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III(A) above, User may, where applicable, upload to or otherwise distribute on sayitwithacondom.com only Content that is not subject to any copyright or other proprietary rights protection (collectively, Public Content), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phase such as “Copyright, owned by [name of owner]; used by permission.” The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither sayitwithacondom.com, nor its affiliates, nor any of their officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to sayitwithacondom.com at the following email address: By submitting Content to any area of this Website, including without limitation any product reviews or participation in any chat rooms, user automatically grants, or warrants, that the owner of such Content has expressly granted sayitwithacondom.com the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on sayitwithacondom.com retains any and all rights which may exist in such Content.
C. THIRD-PARTY CONTENT
Sayitwithacondom.com is a distributor and not a publisher of Content supplied by third parties and Users. Sayitwithacondom.com has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of sayitwithacondom.com, are those of the respective authors or distributors and not of sayitwithacondom.com or its affiliates or any of their officers, directors, employees or agents. Neither sayitwithacondom.com nor its affiliates, nor any of their officers, directors, employees or agents, nor any third party, including any Provider, or any other User of sayitwithacondom.com, guarantees the accuracy, completeness or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through sayitwithacondom.com represents the opinions and judgments of the respective Provider, or User not under contract with sayitwithacondom.com.
Sayitwithacondom.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on sayitwithacondom.com by anyone other than authorized sayitwithacondom.com employees. Under no circumstances shall sayitwithacondom.com, or its affiliates, or any of their officers, directors, employees or agents be liable for any loss, damage or harm caused by User's reliance on information obtained through sayitwithacondom.com. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through sayitwithacondom.com.
It is sayitwithacondom.com policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of .com and/or others.
D. DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”) NOTICE
NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS AND AGENT FOR NOTICE
THIS PROCESS IS FOR COPYRIGHT AND OTHER INTELLECTUAL PROPERTY MATTERS ONLY. Correspondence regarding other matters will not be responded to.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide .com's Agent for Notice with the following information (your “notice”):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the .com site, with enough detail that we may find it on the website (in most circumstances, we will need a URL);
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice 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.
In some circumstances, in order to notify the subscriber, account holder or host who provided the allegedly infringing content to which .com has disabled access, sayitwithacondom.com may forward a copy of a valid Notice to the subscriber or account holder or may forward such copy (with personally identifiable information removed) to Chilling Effects (www.chillingeffects.org) for publication sayitwithacondom.com's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
|By Mail:||244 Fifth Avenue Suite B221, New York, NY 10001|
Please note that, due to security concerns, attachments cannot ALWAYS be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations—including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from sayitwithacondom.com to either a foreign national or a foreign destination in violation of such laws.
IV. ONLINE CONDUCT
User agrees to use sayitwithacondom.com only for lawful purposes. User is prohibited from posting on or transmitting through sayitwithacondom.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
If sayitwithacondom.com is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by User (e.g., through an online review or chat room), sayitwithacondom.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from sayitwithacondom.com. sayitwithacondom.com may disclose any Content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate sayitwithacondom.com; or (iii) to protect the rights or property of sayitwithacondom.com, its Users or Providers.
Sayitwithacondom.com reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, sayitwithacondom.com, the communities that make up sayitwithacondom.com, or any rights of sayitwithacondom.com or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither sayitwithacondom.com nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither sayitwithacondom.com, nor its affiliates, nor any of their officers, directors, employees or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on sayitwithacondom.com.
A. Payment Methods
We accept U.S. issued credit and debit cards:
Ο. American Express
Ο. Amazon Payments
When placing an order online, you will need:
- The address the card's statement is sent to (billing address).
- The card number and expiration date.
- The 3 or 4 digit code found only on the card (CVV2 code).
Credit card orders can be placed online over our 128 bit Secure Socket layer encrypted connection.
B. Shipping Policies
Company ships orders within the 50 United States via various shipping carriers depending on the order. Company ships to over 60 countries via various shipping carriers depending on the order. Depending on product availability and distance the order is going, orders shipped usually arrive within 1 to 10 business days. Accurate shipping address and phone number are required. Your signature may be required for delivery. If an order is shipping overseas, please ensure that you will be allowed to claim it from your customs department as we can not be held responsible for customs and duties laws that prevent you from receiving your order. Orders that are prevented from being delivered and returned to Company, will not be refunded.
C. Delivery Confirmation
Because many instances may occur at your delivery address that is beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the card holder, even without a signature.
D. Return and Cancellation Policy
- Sayitwithacondom.com DOES NOT ACCEPT RETURNS.
- Sayitwithacondom.com cannot cancel an order once it is placed.
- ALL SALES ARE FINAL.
E. Defective Merchandise
In the unlikely event that a product is defective, a user may ship the item back and receive STORE CREDIT. The following procedures must be followed to receive STORE CREDIT.
To return a defective product for STORE CREDIT you will need to obtain a Return Merchandize Authorization (RMA) number by e-mailing the billing department at email@example.com.
Ο. An RMA number can ONLY be obtained by contacting the billing department at firstname.lastname@example.org
Ο. Company cannot process packages marked “Return to Sender”.
Shipping charges and return shipping charges are not refundable in any case.
Ο. To ensure STORE CREDIT is processed for you, please send returns to the address provided along with your RMA number. The RMA number must be clearly written on the package that you are sending back. Our shipping department is NOT allowed to accept any packages without an RMA number.
Ο. Company is not responsible for lost or stolen items. We recommend all returned items to be sent using some type of delivery confirmation system to ensure proper delivery.
Ο. After the shipping department receives your defective merchandise, it generally takes 5-10 business days or sooner to process your STORE CREDIT.
F. Chargeback Policy
All references to a “chargeback” refer to a reversal of a credit/debit card charge placed on www.sayitwithacondom.com. There is no reason for a chargeback to ever be filed. If a credit is due, simply contact us and we will gladly issue it. Unnecessary chargebacks are theft and can be prosecuted. If you feel that your credit/debit card was used fraudulently on www.sayitwithacondom.com, please contact us for immediate resolution.
YOU AGREE THAT YOU WILL NOT CHARGEBACK ANY AMOUNTS CHARGED TO YOUR CREDIT/DEBIT CARD ON THIS SITE. IF YOU CHARGEBACK A CREDIT/DEBIT CARD CHARGE FOR A PAYMENT INITIATED BY YOU, YOU AGREE THAT THIS SITE MAY RECOVER THE AMOUNT OF THE CHARGEBACK IN ADDITION TO $ BY ANY MEANS DEMED NECESSARY, INCLUDING BUT NOT LIMITED TO RECHARGING YOUR CREDIT/DEBIT CARD OR HAVING THE AMOUNT RECOVERED BY A COLLECTION AGENCY.
G. Third Party Interactions
During use of the Company website, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Company shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. Company does not endorse any sites on the Internet that are linked through its website. Company provides these links to you only as a matter of convenience, and in no event shall Company be responsible for any content, products, or other materials on or available from such sites. Company provides products to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.
H. Ordering Disclaimer
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. Company reserves the right to accept or deny shipment to anyone for any reason. Company reserves the right to require additional information before processing any order. If an order appears fraudulent in any way, Company reserves the right to cancel the order, notify the card holder and the proper authorities.
I. Product Disclaimers; Disclaimers of Warranty
COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THIS SITE. COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SITE OR COMPANY'S PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY COMPANY.
J. Limitation of Liability
IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE ( ) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SITE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN ANY INFORMATION CONTAINED HEREIN, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
Company may give notice by means of a general notice on the www.sayitwithacondom.com website, electronic mail to your e-mail address on record in Company's account information, or by written communication sent by first class mail or pre-paid post to your address on record in Company's account information. Such notice shall be deemed to have been given upon the expiration of hours after mailing or posting (if sent by first class mail or pre-paid post) or hours after sending (if sent by email). You may give notice to Company (such notice shall be deemed given when received by Company) by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to 244 Fifth Avenue, Suite B221, New York, NY 10001.
VII. TERMINATION OF USAGE
Sayitwithacondom.com may terminate User's access, or suspend User's access to all or part of sayitwithacondom.com, without notice, for any conduct that sayitwithacondom.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third party Provider, a service provider, or sayitwithacondom.com.
VIII. USAGE BY CHILDREN UNDER 13
Sayitwithacondom.com cannot prohibit minors from visiting this site. Sayitwithacondom.com must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase.
IX. APPLICABLE LAW
This site is created and controlled by sayitwithacondom.com in the State of New York. As such, the laws of the State of will govern the disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Sayitwithacondom.com reserves the right to make changes to its site and these disclaimers, terms and conditions at any time.
Any controversy or claim arising out of or relating to the Terms of this Agreement and/or a User’s user of Sayitwithacondom.com, or the breach thereof,shall be settled by arbitrationadministered by the American Arbitration Associationin accordance with its Commercial [or other] ArbitrationRules [including the Optional Rules for EmergencyMeasures of Protection], and judgment on the awardrendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
There shall be one arbitrator agreed to by the parties within twenty (20) days of receipt by respondent of the request for arbitration or in default thereof appointed by the American Arbitration Associationin accordance with its rules.
The arbitration shall be held, and the award shall be rendered, in the English language.
The seat or place of arbitration shall be New York, New York in the United States of America.