Kink Store Terms & Conditions

TERMS OF SERVICE – STORE.KINK.COM – PART 1

|READ COMPLETE TERMS OF SERVICE IN PART 2|

We advise you to add store@kink.com to your email contacts, as many users run the risk of our emails going to SPAM. When ordering with us, please check SPAM regularly for order updates, especially your tracking numbers.

When you’ve freely offered your email address, we agree to only contact you with Kink.com related deals and updates. You should ALWAYS open Kink Store emails and newsletters in a safe, adult environment. NSFW images, copy and inferences are typical in our correspondence with our customers.

Order processing time: 2-3 days from payments prior to 11am PST.

Same day fulfillment Monday – Friday for orders placed prior to 11am PST, dependent on stock levels and back orders.

Our orders are fulfilled from The Armory in San Francisco as well as our partners across the United States. You will often receive multiple packages from multiple shippers. This will be noted in your confirmation email with tracking numbers.

Shipping time: selected terms are always a presentation of the best result, but not a guaranteed result. Terms begin once a tracking number is obtained.

Free Shipping Promotions: you must ALWAYS SELECT THE FREE SHIPPING OPTION. Selecting a specified method will result in the free shipping promotion not working. There are no refunds when you select a method other than FREE SHIPPING.

International Shipping will always incur some sort of additional customs fee, which is the responsibility of the customer to discover, prepare for, pay and manage. Kink Store can only make itself responsible for the sale and shipment of goods to USA Territories.

Your payment for goods with shipping terms simply guarantees that Kink Store and/or its partners will put those products in the hands of your selected courier with the intention of getting them to you in the estimated window of time. Once the products are in the hands of the courier service, we cannot insure their safe travel, nor protect your purchase against any situation that could slow down delivery, or possibly damage your products. If anything should slow down or damage your delivery, Kink Store staff will investigate, and will share any information that could aid in your negotiations with the courier service you’ve selected to safeguard your products.

Refunds: to begin the discussion of a refund, contact store@kink.com immediately. Please see our expanded Refund terms below in Part2. There will never be a refund issued to a customer with a RMA#.

Safe Play: All our products are novelties, and expected to be played with safely, by adults 18+, consensually engaging in activities with clear boundaries disclosed prior to interaction. We have many books available for purchase teaching rules for safe play as a resource to insure proper use of our novelty gear.

TERMS OF SERVICE – STORE.KINK.COM – PART 2

1.  Introduction

Welcome to the Terms of Service for store.kink.com. This is an agreement (“Agreement”) between Cybernet Entertainment, LLC (“Kink”) and you (“you” or “user”) a user of the Kink website and service.   

Throughout this Agreement, the words “Kink,”  “us,”  “we,” and “our,” refer to our company, Cybernet Entertainment, LLC, and our website, store.kink.com (the “Site”), or any services offered via the store.kink.com website (the “Service”).    This Agreement is legally binding and governs your use of our Site and Service. 

By clicking “Agree,” accessing our Site or Service, or ordering any products from the Site, you agree to be bound by this Agreement and our Privacy Policy.  In the future, we may amend our Terms of Service or Privacy Policy and may notify you when we do so.

If you do not agree to the Terms of Service or the Privacy Policy please cease using our Site and Service immediately.  Users of our Site and Service must meet the age eligibility requirements of their jurisdiction before accessing the Site.  Please be aware that there are CLASS ACTION and ARBITRATION provisions in this Agreement that may affect your rights.

2.  Kink Description of Service

Kink offers a Site and Service where users may purchase adult novelty products.   All products sold on the Site are sold as novelties and costumes only. Please be aware that all products found on our Site or through the Service are offered on an “as-is” and with “all faults basis.” By using our Site or any products purchased via the Service you agree to release us from any liability resulting from any injuries or harm caused by any such items or products.  You agree to assume all risks and liability when using any products or items purchased from our Site and Service.  Kink assumes no responsibility for any unsafe, improper, or illegal use of any items found or sold on Kink. Products on the Site are subject to change without notice.

3.  Eligibility

As our Site contains adult content and material you must meet a number of conditions, including the following:

You must be at least 18 years of age or, if a higher age exists to access adult content in your jurisdiction, you must be that age.  For example, in some jurisdictions it is illegal to access or purchase adult goods and services unless you are 21 years of age or older.

You must not violate any local laws, rules, or regulations by using our Site or purchasing anything from our Service.  You solely are responsible for complying with any applicable local laws pertaining to your use of our Site and Service.  By using the Site or Service you represent and warrant that it is lawful to use the Site, access the Service, and purchase any products from the Site in your local jurisdiction.

You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Kink, or yourself. 

You must only create one account, and you must not have previously created any other account with Kink. Any account created by you must contain truthful, accurate, and complete information.

4.  User Accounts

Users who wish to order anything from our Site and Service must create an account.  We will collect your personal information in accordance with our Privacy Policy.  You are responsible for maintaining the confidentiality of the information you submit through the Site and Service including your corresponding username and password.  Furthermore, you are responsible for all actions related to your account and any purchases made using your account.

5.  Your Responsibilities

When using our Service, you are responsible for your use of Kink, and for any use of Kink made using your account. Additionally, you agree to the following:

You will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated “scraping”;

You will not use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site or the Service in a manner that sends more request messages to Kink servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Kink grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials, not caches or archives of such materials);

You may not violate or infringe other people’s intellectual property, privacy, or other rights while using our Service;

You may not violate any laws, rules or procedures of the United States while using our Site or Service;

  • You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Service;
  • You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • You will not upload invalid data, viruses, worms or other software agents through the Service or Site;
  • You will not collect or harvest any personally identifiable information, including account names, from the Service or Site;
  • You will not access the Site or Service through any technology or means other than those provided or authorized by the Service or Site;
  • You agree not to stalk, harass, bully or harm another individual;
  • You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
  • You agree to use our Service only in a safe manner and in compliance with all laws, you explicitly agree that you will not use Kink for any criminal communications or for transmitting any child pornography;
  • You agree that you will not hold Kink responsible for your use of our Site or Service;
  • You agree not to violate any requirements, procedures, policies or regulations of networks connected to Kink;
  • You agree not to interfere with or disrupt the Site or Service;
  • You agree not to hack, spam or phish us or other users;
  • You agree to provide truthful and accurate User Content;
  • You agree to not violate any law or regulation and you are responsible for such violations;
  • You will not use our Site or Service to post any false, lewd, indecent,  misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent User Content;
  • You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine; or
  • You will not upload any User Content to our Site or Service that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it.

If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Service may at our discretion be terminated or suspended.  Kink reserves the right to suspend or terminate any account at any time without notice or explanation.

6.  Intellectual Property Rights

The design of the Kink Site and Service along with any store.kink.com created text, designs, images scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Cybernet Entertainment, LLC, subject to copyright and other intellectual property rights under United States, EU and foreign laws and international conventions.

You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our Site or Service without our prior written permission.  This includes, but is not limited to, a prohibition on aggregating, streaming, copying, or otherwise reproducing any content found on Kink.  Your copying not only has the potential to affect certain copyrights that we may hold in the arrangement of our graphics, text, data and images, but may also infringe on a third party’s copyright.  You agree that this section limits your rights more than the simple application of intellectual property law would, and constitutes a contractual obligation binding to you beyond the applicable intellectual property laws.

7.  Your Content

Your ability to submit or transmit any information to the Site and Service, including but not limited to text, photos, pictures, comments, designs, data, or videos will be referred to as “User Content” throughout this Agreement.  When submitting any User Content, please ensure that such User Content is accurate. We are not required to host, display, or distribute any of your posts and we may refuse to accept or transmit any User Content or delete your User Content from Kink at any time. Kink is not responsible for the accuracy, validity, or usefulness of any User Content created by others. You agree that you are solely responsible for any User Content submitted and that we cannot guarantee the absolute safety and security of any such information.  When submitting any User Content you represent and warrant to us that you own such User Content or have paid for the rights to use such User Content.  Kink may at its discretion remove, modify, or delete any User Content submitted by you to the Site or Service.

When you submit any User Content to us, you grant Kink and its affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your User Content and anything we may make with your User Content through Kink or any other medium currently invented or invented in the future.

8.  Community Standards

By using Kink, accessing our Site, or purchasing any products from us, you affirm that you are familiar with your local community standards and that the sexually explicit materials which you choose to view on our Site are well within the contemporary community standards of acceptance and tolerance of your community for sexually explicit materials of that nature.

9.  Product Issues, Availability, and Pricing

As our Site contains a large number of products, it is possible that some of the products listed on our Site may be incorrectly priced, improperly labeled, or may be unavailable.  Additionally, other errors may be displayed on the product page. Although we try to keep all products on our Site available and on hand, there may be times where such products are unavailable.  Where you have ordered an unavailable product we will contact you and inform you that the product is unavailable, if you wish to continue with your purchase, your credit card will be charged and your order will be shipped to you once the product becomes available.  Please be aware that if you purchase a currently unavailable product there may be a significant delay before you receive such product.

Where a product’s correct price is less than our stated price, you agree that we may charge you the lower price for the purchased product. If a product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. You agree that we are not obligated to provide you any products at an incorrect lower price, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.

10.  Product Photos

Please be aware that all photos of any products sold on Kink are for illustrative purposes only.  Although we use reasonable best efforts to insure that our products are almost entirely similar to the photos offered on our Site, it is possible that some photos shown on our Site or Service may not be entirely representative of the actual product.  The final products received by you may vary slightly in color, size, or style.  Additionally, you should be aware that all sizing is approximate and not exact.

11.  Orders and Payment

Order Acceptance

All orders are subject to availability, we may not have all products in stock at all times.  An order contract is not created until we accept and acknowledge your order and send you an order confirmation (“Order Confirmation”).  Please be aware that some of our orders are fulfilled by third parties and therefore sometimes Order Confirmations may be sent for products that are currently unavailable. For this reason, you agree that even after you receive an Order Confirmation we may cancel your order without penalty.  Please be aware that any statements made by our customer service representatives or salespeople are non-binding in nature.  We reserve the right to refuse shipments of products to you and to cancel any orders for any reasons at any time.

Payment

Kink may allow you to purchase products from our Site.  When purchasing these products you will be prompted to input your credit card information.  You agree that we may charge full amount listed at checkout to your credit card.  Your credit card information will be shared with our third party payment processor.  By purchasing anything from our Service you also agree to the terms and conditions of our third party payment processor.  Please be aware that all payment information will be stored and secured by the payment processor and not us.

12.  Auction Items

Certain items may be offered through the Site via an auction process (“Auction Items”).  The auction location on the Site will have all information regarding the Auction Item.  The user understands that all Auction Items may be in pre-worn, not new, or used condition.  Thus these Auction Items are sold on an “as-is” and “with all faults” basis.  User agrees and acknowledges that some Auction Items may contain biological material, and agrees to release us from any liability related to any Auction Items sold via the Site.

13.  Custom Products

Users will be able to order custom products (“Custom Product”) that are made uniquely for the user. Custom Products may be subject to additional terms and conditions as stated on its respective order page.  As Custom Products are uniquely made, please examine and review these additional terms and conditions completely before purchasing any Custom Products from the Site.

14.  Product and Auction Item Disclaimer

KINK EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY THIRD PARTY VENDORS, THIRD PARTY PRODUCTS (DEFINED BELOW), ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE KINK SITE AND SERVICES, AND ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY PRODUCTS, ITEMS, CUSTOM PRODUCTS, OR AUCTION ITEMS. The products offered via the Site are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform or create derivative works of them.

15.  Refunds

Please be aware that refunds may not be offered on all products found on the Site.  For some purchases refunds may be offered but additional conditions may exist.  If any product purchased by you is not covered under this refund policy, Kink reserves the right at its sole discretion to decide whether or not you are entitled to a refund for that particular product.

Custom Products Refunds

Users will be able to order custom products (“Custom Product”) that are made uniquely for the user purchasing such Product.  Due to the unique nature of the Custom Product all sales are final and no refunds or exchanges can be offered on any Custom Products ordered on the Site.

Auction Items

Through the Site, users will be able to order Auction Items that have been used or are otherwise not new.  Due to the used nature of all Auction Items all sales are final.  No refunds or exchanges can be offered on any Auction Items ordered on the Site.

Third Party Fulfilled Products

Some of the products purchased (Third Party Products) on the Kink Site are fulfilled by third party shippers who process and ship the orders.  Any Third Party Products will only be eligible for refunds in the event of a manufacturer defect.   All other Third Party Products will be ineligible for an exchange or refund.  For all defective Third Party Products, users will be required to pay return shipping.  If a user discovers an issue with a Third Party Product, please contact us at store@kink.com.

Kink Fulfilled Products

At Kink we want to you to be satisfied with the products fulfilled by Kink (“Kink Fulfilled Products”).  Therefore, users will be able to return any defective Kink Fulfilled Products within 30 days of purchase.  Users will be responsible for return shipping.  If a user discovers an issue with a Kink Fulfilled Products, please contact us at store@kink.com to initiate your return.

16.  Chargebacks

If we believe that you have participated in a fraudulent chargeback we will pursue our claims against you to the fullest extent allowed by law.  We will forward your information to the applicable law enforcement agency and your fraudulent chargeback may result in either a civil fine or jail time.

17.  Shipping

At checkout you will be able to select from multiple shipping options.  Shipping is available for the United States and other locations as listed. Prices for each location may vary.  For generally sized items, standard shipping times will apply.  However, as we do not ship the products we cannot guarantee shipping times.  For Unique Goods (as defined below) shipping times will be variable and your patience with any delays related to shipping Unique Goods is appreciated.  Before we can ship your order, Kink must prepare your product and ensure quality control.   We recommend you check all shipments immediately once you have received them.  If you have any issues with your shipment, please contact us at customerservice@kink.com.

Large and Unique Items

Shipping prices or estimates may not be available for all products sold on Kink.  Some items may not have estimated shipping times due to their size and uniqueness among other reasons (“Unique Goods”).  For such Unique Goods sold on Kink, shipping prices and delivery time may not be calculated until the item is completely built or manufactured.   Please be aware that in some instances the shipping price may be substantially more than the actual cost of the Unique Goods purchased.  By receiving an order confirmation from us for any Unique Goods ordered by you, you agree that a contract to purchase such Unique Goods has been created between you and Kink.  Furthermore, you agree to pay for any shipping and related fees for such Unique Goods.

Handcuffs and Restraints

All handcuffs and restraints may only be shipped within the US.

Do-Not-Ship Restrictions

Due to local, state, and regional laws, we do NOT ship DVDs and certain products to the locations listed below. If these restrictions apply to you, remove product from your shopping cart in order to checkout.

  • Alabama
  • Arkansas
  • Georgia
  • Kansas
  • Kentucky
  • Louisiana zip-codes: 71001, 71227, 71245, 71273, 71234, 71235, 71241, 71245, 71270, 71272, 71273, and 71275
  • Mississippi
  • Utah
  • Texas zip-codes: 76035-76199

18. Risk of Loss

All items purchased through the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the third party shipping carrier.

19.  Taxes

Depending on your state laws, taxes may be charged for any purchases on the Kink Site.  For purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. In the event that we do not collect state taxes, you agree that you are still responsible for any applicable state or federal taxes. Although you may not be charged taxes by us you agree that you will pay any applicable taxes or fees to your local or state tax agency for any purchases.  You agree that we are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases. 

20.  Customs And Duties

You may be subject to import duties and taxes, which are levied once your purchased items reach your country. Additional charges for customs clearance are your responsibility. Kink has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country.  Thus, you should contact your local customs office for further information. Additionally, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. It is your responsibility to know the laws of your country and community as they apply to adult products. We will not be held responsible nor will we issue credit for items seized by the customs service of any country.   

21.  18 USC 2257 Record Keeping Requirements Compliance Statement

All models, actors, actresses and other persons that appear in any visual portrayal of actual or simulated sexually explicit conduct found on Kink were at least eighteen (18) years of age at the time such content was produced.

All other visual depictions displayed on Kink are exempt from the provision of 18 U.S.C. §2257, 2257A and/or 28 C.F.R. 75, because:

  • they do not portray conduct as specifically listed in 18 U.S.C section 2256 (2)(A) (i) through (iv);
  • they do not portray conduct as specifically listed in 18 U.S.C. section 2257A;
  • they do not portray conduct listed in 18 U.S.C. section 2256(2)(A)(v) produced after July 27, 2006, or;
  • are otherwise exempt because the visual depictions were created prior to July 3, 1995.

All records required pursuant to 18 U.S.C. §2257 pertaining to our Site and all materials depicted hereon, including the dates of production of all such materials, are on file with the Custodian of Records.  All records required to be maintained by federal law are in possession of Peter A., and are available for inspection during normal business hours at The Armory, 1800 Mission, San Francisco, CA 94103.

22.  Representations and Warranties

USE OF THIS SITE, THE SERVICE, AND ALL PRODUCTS AND ITEMS, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.

EXCEPT FOR ANY WARRANTIES AS EXPRESSLY PROVIDED BY ANY MANUFACTURERS OF PRODUCTS SOLD, THE SITE, THE SERVICES, ALL PRODUCTS AND ITEMS SOLD ON KINK ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

KINK DOES NOT WARRANT THAT: (1) THIS SITE,  THE SERVICE,  AND PRODUCTS OR ITEMS OFFERED FOR SALE ON THE SITE, WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THIS SITE, THE SERVICE, AND PRODUCTS OR ITEMS OFFERED FOR SALE ON THE SITE, WILL BE CORRECTED; (3) THIS SITE, THE SERVICE, AND PRODUCTS OR ITEMS OFFERED FOR SALE ON THE SITE, WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THIS SITE, THE SERVICE, AND PRODUCTS OR ITEMS OFFERED FOR SALE ON THE SITE, WILL BE ACCURATE OR RELIABLE.

23.  Limitations of Liability

NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER APPLICABLE TERMS AND CONDITIONS OF THE KINK SITE OR ANY ACT OR FAILURE TO ACT BY KINK, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL USER CONTENT YOU TRANSMIT VIA SITE.  IN NO EVENT SHALL KINK BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE PRODUCTS OR ITEMS.

IN NO EVENT SHALL KINK, OUR OFFICERS, AGENTS, EMPLOYEES OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THIS SITE OR OTHER RELATED KINK WEBSITES INCLUDING, BUT NOT LIMITED TO ANY TRANSACTION FOR PRODUCTS, ITEMS, OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF KINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF KINK IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN THE EVENT THAT A JURISDICTION DOES NOT ALLOW US TO FULLY LIMIT OUR LIABILITY, THE MAXIMUM LIABILITY OF KINK FOR A CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS SITE, THE PRODUCTS, THE ITEMS, OR THE SERVICES IS $50.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law.  Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

24.  General Safety and Use:

Follow all manufacturer instructions;

  • This product is sold as a novelty only;
  • There are to be no alterations or modifications to this product;
  • No medical claims are warranted or implied by the use of this product;
  • Use that has an adverse effect on any function of the human body is prohibited;
  • To avoid injury or aggravation of pre-existing conditions, this product should not be used on bruised, swollen or inflamed areas including skin lacerations;
  • Discontinue use immediately if irritation or discomfort occurs;
  • This item should not be used to harm you or another person;
  • Use this item at your own risk, with assumption of all liability;

Allergies:

  • This product is sold as a novelty only;
  • This product may contain or has come in contact with the following: animal hides, nickel, glycerine, silicone, latex, rubber, phthalates;
  • Use the product on a small area of the body, with your allergic reaction protocols within immediate access to you, and wait to see if there are any allergies to the materials.  If so, cease use immediately.

Cleaning and Care:

  • This product is sold as a novelty only;
  • You have purchased this product in an “as is” condition;
  • Clean the product according to the manufacturers recommendation, or in absence of this, consult your physician.

25.  Product Safety Information and Statements and Use Agreement

ELECTRO GEAR

Category Statement

Electro stimulation devices may cause harm if used improperly.  By purchasing this product/device you are stating that you’ve read and understand the Electro Gear Safety Information and Statements and Use Agreement located in our Terms Page.  Always follow the manufacturers instructions for use and maintenance.  For additional questions contact the manufacturer.

Terms and Conditions of Use

Safety Information and Statements

  • You must consult your physician before using electro stimulation devices;
  • Electro stimulation devices may cause harm if used improperly;
  • Before plugging in any device, insure that it’s power output is in its OFF position;
  • Before powering On any device, insure that all connections are made following the manufacturer’s instructions and all equipment is in perfect working order;
  • Never create a circuit that passes through the upper body, including head, heart or vital organs;
  • During use, increase power gradually per the users instruction;
  • Never use more power than instructed by the user;
  • Always decrease the power box’s output to its lowest setting before turning it off and unplugging the unit;
  • Always power down the device before moving or adjusting any of its electrodes;
  • If contact between the electrode and body is lost at any time, immediately power down the device before reapplying;
  • There should only be one person connected to the power box at a time;

DO NOT USE ELECTRO STIMULATION DEVICES IF ANY OF THE FOLLOWING APPLIES:

  • You and/or the user has no experience or knowledge about using electro stimulation devices;
  • You and/or the user has a pacemaker;
  • You and/or the user has a history of heart problems;
  • You and/or the user are prone to epileptic seizures;
  • You and/or the user has a penile prosthesis;
  • You and/or the user have a fever;
  • You and/or the user has internal and/or external injuries;
  • You and/or the user has any inflamed and/or swollen areas;
  • You and/or the user has any skin lacerations and/or open wounds;
  • You and/or the user are pregnant.

NEVER USE ELECTRO STIMULATION DEVICES IF THE FOLLOWING APPLIES:

  • You and/or the user plan to use the device on a body piercing;
  • You and/or the user plan to use the device in or near water;
  • You and/or the user have medical concerns with using electrostimulation;
  • You and/or the user have been advised by a physician to not use electrostimulation

Use Agreement

  • I understand these products are for adult novelty use only and there are no implied medical claims warranted or implied by use of this product;
  • I understand all of the safety information associated with Electro Gear as presented to me by store.kink.com;
  • I agree to pursue additional safety information via the manufacturer or my personal physician;
  • I agree to not alter or modify these products in any way;
  • I agree to use electrostimulation products under supervision of another human being.

INSERTABLE PRODUCTS

Category Statement

Insertable Products may cause harm if used improperly.  By purchasing this product/device you are stating that you’ve read and understand the Insertable Products Safety Information and Statements and Use Agreement located in our Terms Page.  For additional questions contact the manufacturer.

Terms and Conditions of Use

  • Safety Information and Statements
  • Insertable Products may cause harm if used improperly;
  • If a product’s length, girth, shape, vibrations or materials give you concern, then do not purchase or use the product;
  • Never let another person control the use of an insertable product;
  • Always follow the commands of the user;

DO NOT USE INSERTABLE PRODUCTS IF ANY OF THE FOLLOWING APPLIES:

  • You and/or the user has internal and/or external injuries;
  • You and/or the user has any inflamed and/or swollen areas;
  • You and/or the user has any skin lacerations and/or open wounds;
  • You and/or the user are pregnant.

Use Agreement

  • I understand these products are for adult novelty use only and there are no implied medical claims warranted or implied by use of this product;
  • I understand all of the safety information associated with Insertable Products as presented to me by store.kink.com;
  • I agree to pursue additional safety information via the manufacturer or my personal physician;
  • I agree to not alter or modify these products in any way.

RESTRAINTS

Category Statement

Restraints may cause harm if used improperly.  By purchasing this product/device you are stating that you’ve read and understand the Restraints Safety Information and Statements and Use Agreement located in our Terms Page.  Follow the manufacturers instructions for use and maintenance.  For additional questions contact the manufacturer.

Terms and Conditions of Use

Safety Information and Statements

  • Restraints are a novelty item never intended for restricting the free movement of a person who expresses the desire to be free of the restraints;
  • Restraints made of any material may cause harm if used improperly;
  • Do not place restraints over major arteries in a manner that will cut off circulation to multiple parts of the body;
  • Never impede breathing of the user;
  • Never put pressure on a user’s windpipe;
  • Never lose control of the amount of movement you as a user has while using restraints;
  • Always follow the commands of the user;
  • Restraints are not weight rated for suspension or load bearing activities of any kind;
  • Shock load is an incalculable number and is never applied to this item;

DO NOT USE RESTRAINTS IF ANY OF THE FOLLOWING APPLIES:

  • You and/or the user has internal and/or external injuries;
  • You and/or the user has any inflamed and/or swollen areas;
  • You and/or the user has any skin lacerations and/or open wounds;
  • You and/or the user are pregnant.

Use Agreement

  • I understand these products are for adult novelty use only and there are no implied medical claims warranted or implied by use of this product;
  • I understand all of the safety information associated with Restraints as presented to me by store.kink.com;
  • I agree to never restrain another person against their free will and/or in a manner that will cause any level or physical or emotional damage to their person;
  • I agree to never restrain my own person in a manner that will cause any level of physical or emotional damage to my person;
  • I agree to pursue additional safety information via the manufacturer or my personal physician;
  • I agree to not alter or modify these products in any way.

IMPACT TOYS

Category Statement

Impact Toys may cause harm if used improperly.  By purchasing this product/device you are stating that you’ve read and understand the Impact Toys Safety Information and Statements and Use Agreement located in our Terms Page.  Follow the manufacturers instructions for use and maintenance.  For additional questions contact the manufacturer.

Terms and Conditions of Use

Safety Information and Statements

  • Impact Toys are a novelty item never intended to cause harm to yourself or another person;
  • Impact Toys are a novelty item never intended to cause harm to your own or another person’s physical property;
  • Never use Impact Toys in a manner that will cause bruising, swelling, general irritation, lacerations, inflammation, open wounds or any form of harm to another living being not covered in this statement;
  • Never use an Impact Toy to put pressure on a user’s throat or windpipe;
  • Always follow the commands of the user;
  • Impact Toys are not intended to provide protection to the user or their associated from harm;
  • Impact Toys are not intended to be inserted into the user’s or any person’s body.

DO NOT USE IMPACT TOYS IF ANY OF THE FOLLOWING APPLIES:

  • You and/or the user has blurry vision, blindness or other challenges to your vision;
  • You and/or the user has internal and/or external injuries;
  • You and/or the user has any inflamed and/or swollen areas;
  • You and/or the user has any skin lacerations and/or open wounds;
  • You and/or the user are pregnant.

Use Agreement

  • I understand these products are for adult novelty use only and there are no implied medical claims warranted or implied by use of this product;
  • I understand all of the safety information associated with Impact Toys as presented to me by store.kink.com;
  • I agree to never use an Impact Toy as a weapon;
  • I agree to never use an Impact Toy to break the skin of myself or another being;
  • I agree to pursue additional safety information via the manufacturer or my personal physician;
  • I agree to not alter or modify these products in any way.

MEDICAL FETISH TOYS

Category Statement

Medical Fetish Toys may cause harm if used improperly.  By purchasing this product/device you are stating that you’ve read and understand the Medical Fetish Toys Safety Information and Statements and Use Agreement located in our Terms Page.  Follow the manufacturers instructions for use and maintenance.  For additional questions contact the manufacturer.

Terms and Conditions of Use

Safety Information and Statements

  • Medical Fetish Toys are a novelty item never intended to cause harm to yourself or another person;
  • Medical Fetish Toys are a novelty item never intended to cause harm to your own or another person’s physical property; 
  • Medical Fetish Toys are not FDA approved medical devices;
  • Never use Medical Fetish Toys in a manner that will cause bruising, swelling, general irritation, lacerations, inflammation, open wounds or any form of harm to another living being not covered in this statement;
  • Never use a Medical Fetish Toy to put pressure on a user’s throat or windpipe;
  • Always follow the commands of the user;
  • Prior to using Medical Fetish Toys the user must research the toy’s implied use to avoid causing harm to themselves or others;
  • Medical Fetish Toys are not intended to be inserted into the user’s or any person’s body.
  • By using Medical Fetish Toys the user and all involved are responsible for the following:
  • never making claims of understanding medical practices,
  • never representing themselves as employees in the medical field or,
  • never providing education on proper use of medical equipment, devices or tools.

DO NOT USE MEDICAL FETISH TOYS IF ANY OF THE FOLLOWING APPLIES:

  • You and/or the user has blurry vision, blindness or other challenges to your vision;
  • You and/or the user has internal and/or external injuries;
  • You and/or the user has any inflamed and/or swollen areas;
  • You and/or the user has any skin lacerations and/or open wounds;
  • You and/or the user are pregnant.

Use Agreement

  • I understand these products are for adult novelty use only and there are no implied medical claims warranted or implied by use of this product;
  • I understand all of the safety information associated with Medical Fetish Toys as presented to me by store.kink.com;
  • I agree to never use a Medical Fetish Toy as a weapon;
  • I agree to never use a Medical Fetish Toys to break the skin of myself or another being;
  • I agree to pursue additional safety information via the manufacturer or my personal physician;
  • I agree to not alter or modify these products in any way.

PUMPING TOYS

Category Statement

Pumping Toys may cause harm if used improperly.  By purchasing this product/device you are stating that you’ve read and understand the Pumping Toys Safety Information and Statements and Use Agreement located in our Terms Page.  Follow the manufacturers instructions for use and maintenance.  For additional questions contact the manufacturer.

Terms and Conditions of Use

Safety Information and Statements

  • Pumping Toys are a novelty item never intended to cause harm to yourself or another person;
  • Pumping Toys are a novelty item never intended to cause harm to your own or another person’s physical property;
  • Never use Pumping Toys in a manner that will cause bruising, swelling, general irritation, lacerations, inflammation, open wounds or any form of harm to another living being not covered in this statement;
  • Never use Pumping Toys to put pressure on a user’s throat or windpipe;
  • Always follow the commands of the user;
  • Prior to using Pumping Toys the user must research the toy’s implied use to avoid causing harm to themselves or others;
  • Pumping Toys are not intended to be inserted into the user’s or any person’s body.
  • By using Pumping Toys the user and all involved are responsible for the following:
  • never continue pumping a person’s body part beyond their limits,
  • never create a permanent seal between the body part and pumping device,
  • never use electronic pumping devices without supervision,
  • never use pumping as a means of permanently increasing the size of a person’s body part.

DO NOT USE  PUMPING TOYS IF ANY OF THE FOLLOWING APPLIES:

  • You and/or the user has blurry vision, blindness or other challenges to your vision;
  • You and/or the user has internal and/or external injuries;
  • You and/or the user has any inflamed and/or swollen areas;
  • You and/or the user has any skin lacerations and/or open wounds;
  • You and/or the user are pregnant.

Use Agreement

  • I understand these products are for adult novelty use only and there are no implied medical claims warranted or implied by use of this product;
  • I understand all of the safety information associated with Pumping Toys as presented to me by store.kink.com;
  • I agree to never use a Pumping Toy as a weapon;
  • I agree to never use a Pumping Toy to break the skin of myself or another being;
  • I agree to pursue additional safety information via the manufacturer or my personal physician;
  • I agree to not alter or modify these products in any way.

Personal Enema Systems, Disposable Enemas and Enema Shower Systems

Category Statement

Personal Enema Systems, Disposable Enemas and Enema Shower Systems may cause harm if used improperly.  By purchasing this product/device you are stating that you’ve read and understand the Personal Enema Systems, Disposable Enemas and Enema Shower Systems Safety Information and Statements and Use Agreement located in our Terms Page.  Follow the manufacturers instructions for use and maintenance.  For additional questions contact the manufacturer.

Terms and Conditions of Use

Safety Information and Statements

  • Personal Enema Systems, Disposable Enemas and Enema Shower Systems are a novelty item never intended to cause harm to yourself or another person;
  • Personal Enema Systems, Disposable Enemas and Enema Shower Systems are a novelty item never intended to cause harm to your own or another person’s physical property;
  • Personal Enema Systems are not FDA approved medical devices;
  • Never use Personal Enema Systems, Disposable Enemas and Enema Shower Systems in a manner that will cause bruising, swelling, general irritation, lacerations, inflammation, open wounds or any form of harm to another living being not covered in this statement;
  • Never use Personal Enema Systems, Disposable Enemas and Enema Shower Systems to put pressure on a user’s windpipe;
  • Always follow the commands of the user;
  • Prior to using Personal Enema Systems, Disposable Enemas and Enema Shower Systems the user must research the toys’ implied use to avoid causing harm to themselves or others;
  • Personal Enema Systems, Disposable Enemas and Enema Shower Systems are not intended to be inserted into the user’s or any person’s body for an extended period of time.
  • By using Personal Enema Systems, Disposable Enemas and Enema Shower Systems the user and all involved are responsible for the following:
  • insuring that an Enema Shower System is properly installed per the manufacturer’s instructions,
  • testing an Enema Shower System prior to using on a person, assuring that connections are properly made between the system and water supply, the system and user are able to regulate temperature and pressure of water, and that the system does not present a tripping, slipping, or choking hazard prior to and during use of water,
  • only using Personal Enema Systems and Disposable Enemas for their intended use as outlined by the manufacturer,
  • only using Personal Enema Systems and Disposable Enemas with liquid as deemed safe and intentional by the manufacturer,
  • properly cleaning every piece of a Personal Enema Systems and/or Enema Shower Systems according to manufacturer’s instructions,
  • never using a Disposable Enema more than once,
  • using liquid at a body safe temperatures with all Personal Enema Systems, Disposable Enemas and Enema Shower Systems,
  • Inspecting any part of the Personal Enema Systems, Disposable Enemas and Enema Shower Systems that will be inserted into the body for defects, flaws or degradation.

DO NOT USE PERSONAL ENEMA SYSTEMS, DISPOSABLE ENEMAS AND DISPOSABLE ENEMAS IF ANY OF THE FOLLOWING APPLIES:

  • You and/or the user has blurry vision, blindness or other challenges to your vision;
  • You and/or the user has internal and/or external injuries;
  • You and/or the user has any inflamed and/or swollen areas;
  • You and/or the user has any skin lacerations and/or open wounds;
  • You and/or the user are pregnant.

Use Agreement

  • I understand these products are for adult novelty use only and there are no implied medical claims warranted or implied by use of this product;
  • I understand all of the safety information associated with Personal Enema Systems, Disposable Enemas and Enema Shower Systems as presented to me by store.kink.com;
  • I agree to never use a Personal Enema Systems, Disposable Enemas and Enema Shower Systems as a weapon;
  • I agree to never use a Personal Enema Systems, Disposable Enemas and Enema Shower Systems to break the skin of myself or another being;
  • I agree to pursue additional safety information via the manufacturer or my personal physician;
  • I agree to not alter or modify these products in any way.

Novelty Fucking Machines

Category Statement

Novelty Fucking Machines may cause harm if used improperly.  By purchasing this product/device you are stating that you’ve read and understand the Novelty Fucking Machines Safety Information and Statements and Use Agreement located in our Terms Page.  Follow the manufacturers instructions for use and maintenance.  For additional questions contact the manufacturer.

Terms and Conditions of Use

Safety Information and Statements

  • Novelty Fucking Machines are a novelty item never intended to cause harm to yourself or another person;
  • Novelty Fucking Machines are a novelty item never intended to cause harm to your own or another person’s physical property;
  • Never use Novelty Fucking Machines in a manner that will cause bruising, swelling, general irritation, lacerations, inflammation, open wounds or any form of harm to another living being not covered in this statement;
  • Never use Novelty Fucking Machines to put pressure on a user’s windpipe;
  • Never use Novelty Fucking Machines to gag or choke a person;
  • Always follow the commands of the user;
  • Prior to using Novelty Fucking Machines the user must research the toy’s implied use to avoid causing harm to themselves or others;
  • Novelty Fucking Machines are not intended to be inserted into the user’s or any person’s body without explicit consent;
  • By using Novelty Fucking Machines the user and all involved are responsible for the following:
  • always referencing the Novelty Fucking Machines manufacturer’s user manual prior to use,
  • inspecting the Novelty Fucking Machines and all it’s internal and external parts for defects, flaws or degradation;
  • using the proper power source for the Novelty Fucking Machines power supply as instructed by the manufacturer’s user manual,
  • powering on the machine prior to human interaction,
  • never using Novelty Fucking Machines without supervision,
  • gaining explicit consent from another user prior to engaging in activity between themselves, yourself, and a Novelty Fucking Machines,
  • providing the appropriate amount of personal lubricant to the user interacting with the Novelty Fucking Machine at all times,
  • being aware of overheating, discrepancies in the machine’s movements, sparks from either the Novelty Fucking Machine or the power outlet,
  • never restraining a person to the Novelty Fucking Machine in a manner that hinders that person’s ability to stop using the machine based on their specific physical and mental abilities,
  • never using a Novelty Fucking Machine with, in or around water,

DO NOT USE NOVELTY FUCKING MACHINES IF ANY OF THE FOLLOWING APPLIES:

  • You and/or the user has blurry vision, blindness or other challenges to your vision;
  • You and/or the user has internal and/or external injuries;
  • You and/or the user has any inflamed and/or swollen areas;
  • You and/or the user has any skin lacerations and/or open wounds;
  • You and/or the user are pregnant.

Use Agreement

  • I understand these products are for adult novelty use only and there are no implied medical claims warranted or implied by use of this product;
  • I understand all of the safety information associated with Novelty Fucking Machines as presented to me by store.kink.com;
  • I agree to never use a Novelty Fucking Machine as a means to harm anyone;
  • I agree to never use a Novelty Fucking Machine to break the skin of myself or another being;
  • I agree to pursue additional safety information via the manufacturer or my personal physician;
  • I agree to not alter or modify these products in any way.

Vac-U-Beds, Cubes and Towers

Category Statement

Vac-U-Beds, Cubes and Towers may cause harm if used improperly.  By purchasing this product/device you are stating that you’ve read and understand the Vac-U-Beds, Cubes and Towers Safety Information and Statements and Use Agreement located in our Terms Page.  For additional questions contact the manufacturer.

Terms and Conditions of Use

Safety Information and Statements

  • Vac-U-Beds, Cubes and Towers are novelty items never intended to cause harm to yourself or another person;
  • Vac-U-Beds, Cubes and Towers are novelty item never intended to cause harm to your own or another person’s physical property;
  • Never use Vac-U-Beds, Cubes and Towers in a manner that will cause asphyxiation, bruising, swelling, general irritation, lacerations, inflammation, open wounds or any form of harm to another living being not covered in this statement;
  • Never use Vac-U-Beds, Cubes and Towers to put pressure on a user’s windpipe;
  • Never use Vac-U-Beds, Cubes and Towers to gag or choke a person;
  • Always follow the commands of the user;
  • Prior to using Vac-U-Beds, Cubes and Towers the user must research the toy’s implied use to avoid causing harm to themselves or others;
  • Vac-U-Beds, Cubes and Towers are not intended be used long term;
  • By using Vac-U-Beds, Cubes and Towers the user and all involved are responsible for the following:
  • always referencing the Vac-U-Beds, Cubes and Towers manufacturer’s user manual prior to use,
  • inspecting the Vac-U-Beds, Cubes and Towers and all it’s internal and external parts for defects, flaws or degradation;
  • using the proper power source for the Vac-U-Beds, Cubes and Towers power supply as instructed by the manufacturer’s user manual,
  • powering on Vac-U-Beds, Cubes and Towers prior to human interaction,
  • never using Vac-U-Beds, Cubes and Towers without supervision,
  • gaining explicit consent from another user prior to engaging in activity between themselves, yourself, and Vac-U-Beds, Cubes and Towers,
  • providing a testing, accessible, and obvious resource for air supply prior to and during restriction caused by the user within Vac-U-Beds, Cubes and Towers,
  • being aware of overheating, discrepancies in the machine’s movements, sparks from either the Vac-U-Bed, Cube and Tower or the power outlet,
  • never restraining a person within Vac-U-Beds, Cubes and Towers in a manner that hinders that person’s ability to stop release from the device based on their specific physical and mental abilities,
  • never using Vac-U-Beds, Cubes and Towers with, in or around water,

DO NOT USE VAC-U-BEDS, CUBES OR TOWERS IF ANY OF THE FOLLOWING APPLIES:

  • You and/or the user has blurry vision, blindness or other challenges to your vision;
  • You and/or the user has internal and/or external injuries;
  • You and/or the user has any inflamed and/or swollen areas;
  • You and/or the user has any skin lacerations and/or open wounds;
  • You and/or the user has any problems breathing;
  • You and/or the user are pregnant.

Use Agreement

  • I understand these products are for adult novelty use only and there are no implied medical claims warranted or implied by use of this product;
  • I understand all of the safety information associated with Vac-U-Beds, Cubes and Towers as presented to me by store.kink.com;
  • I agree to never use Vac-U-Beds, Cubes and Towers as a means to harm anyone;
  • I agree to never use Vac-U-Beds, Cubes and Towers as a form of punishment;
  • I agree to pursue additional safety information via the manufacturer or my personal physician;
  • I agree to not alter or modify these products in any way.

26.  Release

If you have an issue with an item, product, or another user, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such issues. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES.  FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”  YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE.  YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. 

27.  Indemnity

You agree to defend, indemnify and hold harmless Kink, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

your use of and access to the Kink Service and Site;

any claim or complaint that your use of any products purchased on Kink caused harm or injury to yourself or a third party;

your violation of any term of these Terms of Service.

You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

28. Third Party Links

We may link to third party websites from our own website.  We have no control over, and are not responsible for, these third party websites or their use of your personal information.  We do not endorse, recommend or vouch for the security of such websites. We recommend that you review their terms of service and privacy policies before accessing and using the third party site.

Additionally, users may be able to post third party links through content submitted to our Site.  We are not responsible for such links and do not monitor the posting of such links.  Please exercise caution when clicking on such links as they may cause harm to your computer.

29.  Modification of our Service or Site

We reserve the right to alter, update, or remove our Site or Service or your access from it at any time, or demand that you do so.  We may conduct such modifications to our Service for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications.  For example, we may provide updates to fix security flaws, or respond to legal demands.  Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Service for security, legal or other purposes.

30.  Service and Site Availability

We do not guarantee that the Service or Site will always be available, work, or be accessible at any particular time.  Only users who are eligible to use our Service may do so. We reserve the right to terminate access for anyone. We cannot guarantee that the Service will work as advertised, or that it will give you any desired results. 

31.  Copyright Notices

We take copyright infringement very seriously, if you believe that any content found on the Site infringes on your intellectual property rights please contact us. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:

  • Your name.
  • The name of the party whose copyright has been infringed, if different from your name.
  • The name and description of the work that is being infringed.
  • The location on our website of the infringing copy.
  • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
  • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
  • You must sign this notification and send it to our Copyright Agent, customerservice@kink.com.

32.  Choice of Law

Except for the arbitration provision as provided below, this Agreement shall be governed by the laws in force in California.  The offer and acceptance of this contract is deemed to have occurred in California.

33.  Arbitration

You and Kink agree that any dispute relating in any to the Site or Service and any products purchased via the Site shall submitted to confidential binding arbitration in San Francisco, CA. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. Arbitration under this Agreement shall be conducted pursuant to the Consumer Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.  Each party shall be responsible for their own arbitration fees and costs. 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 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 the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within or nearest to San Francisco, CA. The prevailing party in any such action shall be entitled to their reasonable attorneys’ fees and costs. 

34.  Class Action Waiver

You and Kink agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis.  You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

35.  Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

36.  Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Kink shall have the sole right to elect which provision remains in force.

37.  Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law.  Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

38.  COPPA Compliance and Age Requirements

Kink and its Services may only be used by persons over 18 or 21 years of age depending on your jurisdiction.  If you are under the age of 18 please do not submit any information to us and please stop using our Site and Service immediately.

39.  Termination and Cancellation

We may terminate or suspend service or your account or any other provision of services to you at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement or your Kink account, you are solely responsible for properly cancelling your account. Cancellation may result in the immediate suspension of your account.   Although your account may be suspended, we may keep your information for a commercially reasonable period for internal and legal purposes. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

40.  Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent.  We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

41.  Amendments

We may amend this Agreement from time to time.  When we amend this Agreement, we will update this page and indicate the date that it was last modified.  You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service.  You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.

42.  Electronic Communications

When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, 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 communication be in writing.

43.  California Users and Residents

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Kink must be addressed to our agent for notice and sent via certified mail to: Agent of Cybernet Entertainment, LLC, 1800 Mission, San Francisco, CA 94103.

Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Last Modified: January 26, 2015