CONDITIONS OF USE
Welcome to GenderFun.com! GenderFun.com provides its services to you subject to the following conditions. If you visit GenderFun.com, you accept these conditions. Please read them carefully.
Please review our Privacy Notice, which also governs your visit to GenderFun.com, to understand our practices.
When you visit GenderFun.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of GenderFun.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of GenderFun.com and protected by U.S. and international copyright laws. All software used on this site is the property of GenderFun.com or its software suppliers and protected by United States and international copyright laws.
GENDERFUN.COM, GENDERFUN.COM and other website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of GenderFun.com or its affiliates in the U.S. and/or other countries. GenderFun.com's trademarks and trade dress may not be used in connection with any product or service that is not Gender Fun's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GenderFun.com. All other trademarks not owned by GenderFun.com or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GenderFun.com or its affiliates.
LICENSE AND SITE ACCESS
GenderFun.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of GenderFun.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of GenderFun.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GenderFun.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing GenderFun.com's name or trademarks without the express written consent of GenderFun.com. Any unauthorized use terminates the permission or license granted by GenderFun.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of GenderFun.com so long as the link does not portray GenderFun.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any GenderFun.com logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. GenderFun.com does NOT sell products for children, but it does sell them to adults, who can purchase with a credit card. GenderFun.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. GenderFun.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, including emails sent to official email addresses of GenderFun.com, Adrian Acosta or his agents, employees, affiliates or assigns, and unless we indicate otherwise, you grant GenderFun.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant GenderFun.com and its affiliates and sublicensees the right to use the name and email address that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify GenderFun.com or its affiliates for all claims resulting from content you supply. GenderFun.com has the right but not the obligation to monitor and edit or remove any activity or content. GenderFun.com takes no responsibility and assumes no liability for any content posted by you or any third party.
GenderFun.com may make certain forums available that allow registered users and visitors the opportunity to participate in moderated discussions and to post information on bulletin boards (collectively "Forums"). All participants in these Forums are solely responsible for the information and other content the post on and through these Forums and should be aware that when they voluntarily disclose personal information on or through these Forums, that such information is generally accessible to and may be collected and used by other participants and may result in unsolicited online and offline messages from such viewers. Participants in these Forums are encouraged to exercise discretion when providing personal information about themselves in and through Forums.
GenderFun.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately so that we may work with you to resolve the situation.
RISK OF LOSS
All items purchased from GenderFun.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
GenderFun.com and its affiliates attempt to be as accurate as possible. However, GenderFun.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY GENDERFUN.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. GENDERFUN.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GENDERFUN.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GENDERFUN.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM GENDERFUN.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GENDERFUN.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.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
GenderFun.com does not represent or warrant the truthfulness, accuracy or reliability of any material posted by others on or through the website, nor does GenderFun.com endorse any opinions expressed by participants in forums or users of the website. Visitors, users, and participants alike acknowledge that any reliance on material posted by others will be at their own risk. Any content placed on any discussion area are the views of the user posting the statement, and do not represent the views of GenderFun.com.
By visiting GenderFun.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and GenderFun.com or its affiliates.
Any dispute relating in any way to your visit to GenderFun.com or to products you purchase through GenderFun.com shall be submitted to confidential arbitration in New York, New York, except that, to the extent you have in any manner violated or threatened to violate GenderFun.com's intellectual property rights, GenderFun.com may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Return Policy and Privacy Notice, posted on this site. These policies also govern your visit to GenderFun.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
HOW TO CONTACT US
Some images on GenderFun.com are readily available in various places on the Internet and believed to be in public domain. Images posted are believed to be posted within our rights according to the U.S. Copyright Fair Use Act (title 17, U.S. Code.)
Claims of Infringement
If you believe that any content appearing on GenderFun.com infringes on your copyright, please let us know. E-Mail infor@GenderFun.com
following information to us and the infringing material will be removed as soon as possible.
(a) your name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf
Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Last updated: Jan 05, 2009.
GenderFun.com respects your privacy and is committed to protecting it at all times. This Internet Privacy Notice explains how we collect, use, and safeguard information on this Website. Please read this Privacy Notice carefully. By visiting GenderFun.com, you are accepting the practices described in this Privacy Notice and agree that any dispute over privacy is governed by this Privacy Notice and Conditions of Use.
By continuing to use the GenderFun.com Website after we post any changes to this Privacy Notice, you accept the Privacy Notice as modified.
What Personal Information About Customers Does GenderFun.com Collect?
The information we learn from customers helps us personalize and continually improve your experience at GenderFun.com. Here are the types of information we collect:
Information You Give Us: We receive and store any personal and financial information you enter on our Website or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future options for you, improving our Website, and communicating with you.
Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many Websites, we use "cookies," and we obtain certain types of information when your Web browser accesses GenderFun.com, including your IP address. A number of companies offer utilities designed to help you visit Websites anonymously. Although we will not be able to provide you with a personalized experience at GenderFun.com if we cannot recognize you, we want you to be aware that these tools exist.
E-mail Communications: To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from GenderFun.com if your computer supports such capabilities. If you do not want to receive e-mail or other mail from us, please adjust your Customer Communication Preferences accordingly.
What About Cookies?
Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and to provide features such as personalized greetings and storage of items in your Shopping Cart between visits.
The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, cookies allow you to take full advantage of some of GenderFun.com's coolest features, and we recommend that you leave them turned on.
Does GenderFun.com Share The Information It Receives?
Information about our customers is an important part of our business and we are not in the business of selling it to others. We share customer information only as described below.
Third-Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
Business Transfers: As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that GenderFun.com or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.
Protection of GenderFun.com and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of GenderFun.com, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice.
With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.
How Secure Is Information About Me?
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
What Information Can I Access?
GenderFun.com gives you access to a broad range of information about your account and your interactions with GenderFun.com for the limited purpose of viewing and, in certain cases, updating that information. The list of information you can access will change as our Website evolves.
Are Children Allowed To Use GenderFun.com?
GenderFun.com does NOT sell products for purchase by children.
Conditions Of Use, Notices, And Revisions
If you choose to visit GenderFun.com, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, arbitration of disputes, and application of the law of the state of California. If you have any concern about privacy at GenderFun.com, please contact us with a thorough description, and we will try to resolve it.
Our business changes constantly, and our Privacy Notice and the Conditions of Use will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our Website frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.