These Terms and Conditions (‘the terms and conditions’) administer the use by the user (‘the user’) of the www.naughtyandnice.co.za website or the domain https://wwwnaughtyandnice.co.za (‘the website’). By accessing and making use of the website, the user agrees to be bound by the terms and conditions presented in this legal notice.
Any communication with the provider by electronic means or by use of the website by the user, is consented to and acknowledged that all agreements, notices, disclosures, or any other communication satisfies any legal requirement. This is including, but not limited to, the requirement that such communications should be in writing.
Modification
www.naughtyandnice.co.za reserves the right to change or modify all or part of this agreement at any time, effective immediately upon publication on this site.
Acceptance
our use of www.naughtyandnice.co.za and any content constitutes your acceptance of our terms and conditions, including any published changes or modifications made by www.naughtyandnice.co.za and its owners. If at any time the terms and conditions of this agreement are no longer acceptable to you, you should immediately cease use of the site.
Terms Of Use (Copyright)
www.naughtyandnice.co.za trademarks are owned by Decopage Entertainment.
All articles, text, messages, graphics, logos, icons, pictures, software, sound, video and other materials are referred as Content. The Content is the property of either www.naughtyandnice.co.za or its licencors (the Licencors) or content suppliers, and is protected by copyright and other intellectual property laws.
You are prohibited to: Modify, download (other than page caching), reproduce, copy, or resell the site, the Content or any portion or derivative thereof;
Commercially use the site, the Content or any portion derivative thereof (unless User has a business relationship with www.naughtyandnice.co.za and it’s owners);
Copy or download any User’s account information for the benefit of any third party; Enable high volume, automated, electronic processes that apply to the site or its systems; Use any robot, spider, data miner, scraper or other automated means to access the site or its systems for any purpose (unless robot, spider, data miner, or scraper is explicitly permitted by www.naughtyandnice.co.za and Decopage Entertainment); Interfere or attempt to interfere with the proper working of the site;
Bypass any measures used to prevent or restrict access to any portion of the site;
Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the site (unless User has a business relationship with www.naughtyandnice.co.za and it’s legal owners);
Use the site’s domain names, trademarks, services marks or logos in any meta tags or any other “hidden text” or Use the site for the purpose of posting on or transmitting through the site any Content that is 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 offence, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law; or Any other unlawful purposes.
Prices
Pricing is at our complete discretion. Product prices are always subject to change without notice. The price for the product you wish to order is set at the time of purchase. It is possible that the price may increase or decrease between the time a product was added to the shopping cart and the time that the purchase was actually made. The price for an item may differ from the price shown in a user’s shopping cart as it is possible that the price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made.
Risk of Loss
The risk of loss and title for all items purchased via the site pass to the User upon delivery of the item to the carrier (Courier or postal services) for all international orders or domestic orders shipped via standard shipping.
Furthermore, you are responsible for familiarizing yourself with the laws governing the viewing and purchasing of sexual (XXX, adult, porn, hardcore, pornographic, erotic) material in your Country or State of residence. In case an item bought by you the user becomes ceased by customs at the country of destination, you assume full responsibility for the loss of that article and www.naughtyandnice.co.za shall not be held liable or be asked to reimburse you, the user for the value of the leased item.
Product Description and Display
The items offered for sale on the site contain descriptions that are provided directly by a studio, manufacturer or distributor of such item. www.naughtyandnice.co.za does not represent or warrant that the description of such items is accurate or complete.
Age of Users
www.naughtyandnice.co.za does not intend the site to be used for purchasing or even viewing by individuals under the age of 18 (a “Minor”).
User acknowledges that the site contains sexual (XXX, adult, porn, hardcore, pornographic, erotic) material intended for individuals 18 years of age or older permitted to view sexually explicit material as determined by the local and national laws of the region in which User resides. User agrees that he or she do not find sexually explicit material to be offensive or objectionable.
The user will not redistribute Content to anyone, nor will User permit any minor, or any individual who would find this offensive, to view this material.
Termination of Usage
www.naughtyandnice.co.za reserves the right in its sole discretion to restrict, suspend or terminate your access to the site at any time for any reason without prior notice or liability. www.naughtyandnice.co.za may change, suspend, or discontinue any Content without prior notice or liability. www.naughtyandnice.co.za reserves the right to refuse service to anyone.
Cases which www.naughtyandnice.co.za deems in its sole discretion to be egregious, www.naughtyandnice.co.za may provide written notice (a “Restriction Notice”) to a User (a “Restricted User”) to inform such Restricted User that (i) his or her right to use or access any part of the site has been terminated including the right to use, access or create any account thereon; (ii) that www.naughtyandnice.co.za refuses to provide any services to such Restricted User; and (iii) any subsequent dealings with www.naughtyandnice.co.za will be subject to the following conditions:
Orders placed by a Restricted User (“Restricted Order”) after the effective date specified in the Restriction Notice (the “Restriction Effective Date”) shall be subject to cancellation. www.naughtyandnice.co.za shall be entitled to (1) charge the Administrative Fee against the payment method either used by the Restricted User to place the Restricted Order or stored by the Restricted User in the unauthorized account (e.g., credit card or (2) seek a judgment against the Restricted User for payment thereof. Other conditions may apply and shall be set forth in the Restriction Notice.
Content (Proprietary Rights)
User acknowledges that the site contains Content that is 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 international and local copyright laws, and www.naughtyandnice.co.za owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. The 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 South African copyright laws, User may not upload, post, reproduce or distribute in any way Content protected by copyright, or another proprietary right, without obtaining the permission of the owner of the copyright or another propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
Third-Party Content
www.naughtyandnice.co.za is a distributor and not a publisher of Content supplied by third parties and or Users. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of www.naughtyandnice.co.za unless expressly stated otherwise. Under no circumstance shall www.naughtyandnice.co.za be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content available through the site.
Passwords & Security
The user that has an account on www.naughtyandnice.co.za, the site will at all times maintain:
The confidentiality of his or her usernames and passwords and
Keep the email address associated with the account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current, because although the User may be able to log into his or her www.naughtyandnice.co.za account using an old e-mail address, such User will not receive messages from www.naughtyandnice.co.za about his or her orders and inquiries or other matters) . If there is a breach of security through the User’s account, User must immediately change his / her password and notify us: info@www.naughtyandnice.co.za. The user is liable for any unauthorized use of our services until User notifies us of the security breach.
Disclaimers & Limitation of Liability
The www.naughtyandnice.co.za site is provided by www.naughtyandnice.co.za and its legal owners on an “as is” and “as available” basis. To the fullest extent permissible by applicable law, each www.naughtyandnice.co.za provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Without limiting the foregoing, no www.naughtyandnice.co.za provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the site, or the information, content, materials or products included thereon; (ii) that the site will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the site; or (iv) that the site, their servers, or e-mails sent from or on behalf of the site are free of viruses, scripts, Trojan horses, worms or other harmful components.
www.naughtyandnice.co.za does not guarantee the continuous, uninterrupted or secure access to the site or any related services. The operation of the site may be interfered with by numerous factors outside the control of www.naughtyandnice.co.za.
Under no circumstances shall any www.naughtyandnice.co.za provider be liable for any damages that result from the use of or inability to use the site, including but not limited to reliance by a user on any information obtained from the site or that result from mistakes, omissions, interruptions, deletion of files or emails, 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 www.naughtyandnice.co.za records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through the site.
No www.naughtyandnice.co.za provider will be liable for any indirect, incidental, special or consequential damages arising from the use of the site or the purchase of any product therefrom, even if such www.naughtyandnice.co.za provider has been advised of the possibility of such damages.
Certain Country laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a user, some or all of the above disclaimers, exclusions, or limitations may not apply to such user, and such user may have additional rights.
Indemnification
You agree to defend, indemnify, and hold harmless, www.naughtyandnice.co.za, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorney’s fees, arising from your use of the site. www.naughtyandnice.co.za reserves the right, at your expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with www.naughtyandnice.co.za defence of such claim.
Links to Third Party Websites
www.naughtyandnice.co.za makes no representations whatsoever about any other website which you may access through the site. When you access a non-www.naughtyandnice.co.za website, please understand that it is independent of www.naughtyandnice.co.za and that www.naughtyandnice.co.za has no control over the content on that website. In addition, a link to a non-www.naughtyandnice.co.za website does not mean that www.naughtyandnice.co.za endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. www.naughtyandnice.co.za makes no representation or warranty as to any third-party products.
Miscellaneous (Third Party Content)
The www.naughtyandnice.co.za services rely in part on the third party content licensed to www.naughtyandnice.co.za to provide you with valuable information such as synopsis, reviews, box art, trailers, stills, and other. www.naughtyandnice.co.za is not liable for any third party content, inclusion or omissions from said content.
Governing Law
The South African law will govern this Agreement, except for the body of law relating to conflicts of law. Venue for any legal action will be the courts of Johannesburg or the federal courts of South Africa
Waivers
A party’s failure to enforce any provision of this Agreement will not be a waiver of the provision or the right to enforce it at a later time.
Entire Agreement
This Agreement sets forth the entire understanding and agreement between you and www.naughtyandnice.co.za For example, without limitation, any comments or terms you attempt to add as part of a purchase or other order confirmation, or any terms outside of those stated by www.naughtyandnice.co.za will not be binding on www.naughtyandnice.co.za. You agree that you are not entering into this Agreement in reliance on any statements or representations other than those set forth herein.
Severability
If any provision of this Agreement is held void or unenforceable, that determination will not affect:
The provision’s application in other circumstances;
Other provisions of this Agreement; or
This Agreement’s validity or enforceability as a whole.
Assignment
This Agreement and your usernames and passwords are not assignable, transferable or sub-licensable by you without www.naughtyandnice.co.za prior written consent, and any such conveyance will be null and void.
Solicitors’ Fees
If a legal action is brought regarding this Agreement, the prevailing party is entitled to recover’ in addition to all other appropriate relief its reasonable attorneys’ fees and expenses as determined by the court. The prevailing party is the party entitled to recover its costs of suit, whether or not the action proceeds to final judgment.
Headings
The use of headings is for convenience and will not affect the interpretation of this Agreement.