Welcome to Whispered Pleasures (WP). WP provides website and other electronic services subject to the conditions set out below ("Conditions"). By using and shopping via whisperedpleasures.com, or WP's mobile services, and other websites and existing or future services that expressly incorporate these Conditions ("WP"), you accept these Conditions. In some instances, a particular WP Service or a product purchased through the WP Services may be subject to additional policies, guidelines, terms, and/or agreements ("Terms"). In the event that such Terms are inconsistent with these Conditions, the Terms shall govern.
Change of Terms
WP may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which WP may give by any means, including, without limitation, by posting the revised Conditions on the WP Services. You are responsible for reviewing the WP Services for any modifications to these Conditions that may affect your rights or obligations. Any access or use by you of the WP Services after changes to these Conditions will constitute your acceptance of the revised terms.
Orders and Pricing
WP reserves the right to discontinue or change product specifications and prices without prior notice. Products are available while supplies last. Inadvertent errors in advertised prices are not binding on WP, and may be adjusted by WP at any time. Your placing an order and your receipt of an order confirmation do not constitute final acceptance of an order. Certain information may need to be confirmed prior to accepting your order. Your order, or any portion thereof, may be declined even after your receipt of an order confirmation.
Coupons and promotional codes provided to you are for your individual use only. You may not transfer, offer for sale, publish or otherwise share WP coupons and promotional codes unless the terms of the promotion expressly allow you to do so. WP reserves the right to cancel orders when it has reason to believe that any coupon or promotional code is being used by someone other than the intended recipient, or in the case of suspected abuse, misuse or fraud.
Copyright in the documents and material on the WP Services is owned by or licensed to WP. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. The images of people or places displayed on the WP Services are either the property of, or used with permission of, WP. The uses of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Conditions or specific permission is provided elsewhere on the WP Services. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and regulations and statutes governing communications. Nothing contained in the WP Services should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the WP Services without the written permission of WP or any third party that may own such trademarks or service marks. WP will aggressively enforce its intellectual property rights to the fullest extent of the law.
For all of the content that you post or submit to the WP Services, you grant WP a perpetual, irrevocable, nonexclusive, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world through any media, including, but not limited to, the broadcast of such content. You grant WP and its sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or control all of the rights to the content that you submit, that the content is accurate, that use of the content you supply will not violate these Conditions and will not cause injury to any person or entity, and that you will indemnify WP for all claims resulting from any content that you supply. WP has the right but not the obligation to monitor any activity and to edit or remove any content. WP takes no responsibility and assumes no liability for any content posted by you or by any third party.
Links to Other Sites and Services
Links to other Internet sites and services operated by third parties, including WP vendors, do not constitute sponsorship, endorsement, or approval by WP of the content, policies, or practices of such linked sites or services. WP is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of content on linked sites or services and the privacy policies and practices of linked sites and services.
When you access or use the WP Services, send e-mails to WP, or receive electronic communications from WP, you are, and consent to, communicating with WP electronically. WP may communicate with you by e-mail or by posting notices on one or more of the WP Services. You agree that all notices, disclosures, agreements, policies, and other communications that WP provides to you electronically satisfy any requirement that such communications be in writing.
The WP Services may include certain services that you may access through your mobile phone or other mobile device, including services that allow you to use your mobile device to place orders, receive and reply to messages from WP, and access certain other features (collectively, the "Mobile Services"). WP does not charge for Mobile Services. However, when you access or sign up for Mobile Services, you recognize, acknowledge, and understand that you may incur charges by your wireless carrier for all messages sent to you from WP or any of its affiliates or subsidiaries. Standard messaging rates will apply, unless noted otherwise.
DISCLAIMER OF WARRANTIES
THE MATERIAL CONTAINED IN THE WP SERVICES
WP DISCLAIMS ANY
UNDER NO CIRCUMSTANCES WILL WP OR ITS PARENTS, AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WP SERVICES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WP SERVICES OR ANY LINKED SERVICES OR ARISING OUT OF ITS CONTENTS OR ANY ERRORS OR OMISSIONS IN ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER
UNDER NO CIRCUMSTANCES WILL WP OR ITS PARENTS, AFFILIATES, OR ANY OTHER PARTY OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED THROUGH THE WP SERVICES, EVEN IF WP IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WP'S LIABILITY BE GREATER
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You should check local laws for any restrictions or limitations regarding the exclusions of implied warranties
You agree to defend, indemnify, and hold harmless WP and its parents, affiliates, and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Conditions or your access to or use of the WP Services.
Your Access to WP Services
When you use the WP Services, you agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of, and purchase of products and services through, the WP Services. You are responsible for maintaining the confidentiality of any passwords or usernames and for restricting access to your account, if any, and you agree to accept responsibility for all activities that occur under your account, username, or password. WP sells products, including children's products, to adults only, who can purchase products with a credit card or other permitted payment method. If you are under 18, you may not use the WP Services. WP reserves the right, at its sole discretion, to refuse service, remove or edit content, cancel orders, or terminate accounts for any or all of the WP Services. In the event that WP denies you access to one or more WP Services, the provisions in these Conditions governing any copyright and other intellectual property rights, and the disclaimers, indemnities, and limitations of liabilities set forth in these Conditions shall survive such termination.
These Conditions contain the entire understanding of you and WP with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and WP with respect to the subject matter hereof. The failure of WP at any time to enforce any of the provisions of these Conditions will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of WP to thereafter enforce each and every provision of these Conditions. No waiver by WP of any breach of any provision of these Conditions will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Conditions is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Conditions, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Conditions. These Conditions will be governed by and construed in accordance with the internal laws of the State of New Jersey without regard to conflict of laws principles. Any suit brought under or in connection with these Conditions may be brought only in the courts of the State of New Jersey, Camden County and WP and you consent to the personal jurisdiction and venue of such courts.