Terms of service

The terms and conditions (“Terms and Conditions”) govern the use of the Orchid Toys website. By accessing, viewing, or ordering from the Orchid Toys website (OrchidToys.com), you acknowledge that you have read, understood, and agree to all of the provisions contained or referred to in these Terms and Conditions.

Orchid Toys can modify these terms at any time without notice. Please review these terms and conditions regularly.

ELECTRONIC COMMUNICATIONS

When you visit the Site, you are communicating with us electronically. We will communicate with you by e–mail or by posting notices on the Site. You consent to receive communications from us electronically. You agree that, to the maximum extent permitted by law, all agreements, notices, disclosures, and other communications that the site provides to you electronically satisfy any legal requirement that such communications be in writing.

MOBILE TERMS OF SERVICE

The OrchidToys.com mobile message service (the "Service") is operated by OrchidToys.com (“OrchidToys.com”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time, and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to OrchidToys.com’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of OrchidToys.com through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with OrchidToys.com. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt out of the Service at any time. Text the single keyword command STOP to +18559601972 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you. If you have subscribed to other OrchidToys.com mobile message programs and wish to cancel, except where applicable law requires otherwise, you must opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18559601972 or email hello@orchidtoys.com.

We may change any shortcode or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests you send to a short code or telephone number we have changed, may not be received. We will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you must sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

By accessing, viewing, or ordering from OrchidToys.com, you acknowledge the following:

That you are 18 years of age or older.

That the services you access, the information you view, and the products you order are not in any way unlawful in your state, province, country, municipality, or other jurisdiction.

That you consent to view sexually explicit material.

That, by consenting to view sexually explicit material, you waive any future right to take legal action against Orchid Toys or its affiliates based on your accessing this material.

That you agree not to distribute the information you receive from the OrchidToys.com website to those under the age of 18 or those who would be violating the law by accessing such material in their jurisdiction.

You concur and agree that You, the user are at least 18 years of age, or the legal age as determined by your local jurisdiction, and have the legal right to possess adult-oriented materials. You understand that you may come in contact will explicit visual images, audio sounds of a mature nature, nudity of a sexual orientation, and sexually descriptive terms, phrases, writings, and text. You affirm that you are at least 18 years of age, or the legal age as determined by your local jurisdiction, and are not offended by explicit mature adult material.

INFORMATION ON THE WEBSITE

Every effort is made to update and maintain accurate information contained on this website. Neither Orchid Toys nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness, or reliability of the information, opinions, research information, data, and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. Orchid Toys reserves the right at any time to change or discontinue, without notice, any aspect or feature of this website. No information shall be construed as advice, and information is offered for information purposes only. You rely on the information contained on this website at your own risk. Please notify us if you find an error or omission at this site.

ACCEPTANCE OF LAWS: CITY/COUNTY/STATE

You acknowledge and agree that your local government, which includes but is not limited to city, county, and state, allows You, the user, to review, observe, possess, order, and or purchase materials of an explicit sexual nature. You further acknowledge and testify that products and services received by you from the OrchidToys.com website have been ordered by you, the user, of your own free will, and in no way have you been forced to order or observe such material.

Furthermore, You understand and agree that Orchid Toys will in no way be responsible for services or products received by you in the case such services and products are illegal for you to possess or obtain in your local community. You accept full responsibility in assuring no laws within your community, legal jurisdiction, and state prevent the possession, shipment, or purchase of products from the Orchid Toys website or any of its suppliers.

DISCLAIMER OF LIABILITY

OrchidToys.com and its content are delivered on an "as-is" and "as-available" basis and should not be relied upon for validity or accuracy. No statements or representations contained herein should be considered a form of advice or professional opinion. It should NOT be relied upon for personal, medical, legal, or financial decisions. If expert assistance or counseling is needed, you should consult an appropriate professional for specific advice tailored to your situation. OrchidToys.com assumes no responsibility for injury as a result of a product purchase or from action taken as a result of information posted on the OrchidToys.com website.

Orchid Toys shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect, or consequential), personal injury, or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither Orchid Toys nor any third party or data or content provider shall be liable in any way to you or to any other person, firm, or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information or the transmission thereof, or for any actions taken in reliance or occasioned thereby or by reason of non-performance or interruption, or termination.

WARRANTIES

Orchid Toys makes no warranties, representations, statements, or guarantees (whether express, implied in law, or residual) regarding the website, the information contained on the website, your or your company's personal information, or material and information transmitted over our system.

TRADEMARKS

The trade marks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered trade marks of Orchid Toys and the OrchidToys.com website. Nothing contained on this website should be construed as granting any license or right to use any trade mark without the prior written permission of Orchid Toys

All materials on the OrchidToys.com website including all text, all logos and all pictures are copyright and must not be copied, modified, transmitted, republished, displayed, reproduced or distributed in any manner for commercial purposes. You may access content on the OrchidToys.com website for personal use only. You may not distribute, modify, post or use the content of the OrchidToys.com website for public or commercial purposes, including the text, images, icons, descriptions without prior express written permission from us.

SPECIFIC USE

As a user of this website, you agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, and pornographic or violates any applicable law and you hereby indemnify Orchid Toys against any loss, liability, damage or expense of whatever nature which Orchid Toys or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.

SALES TAX

Orchid Toys is required by law to collect all applicable sales taxes for the state, counties and cities of Texas.

APPLICABLE LAW

By visiting OrchidToys.com you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern the Terms and Conditions of Use and any dispute of any sort that might arise between you and Orchid Toys or its affiliates.

ENTIRE AGREEMENT

These website terms and conditions constitute the sole record of the agreement between you and Orchid Toys in relation to your use of the website. Neither you nor Orchid Toys shall be bound by any express tacit nor implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Orchid Toys in respect of your use of the OrchidToys.com website. Orchid Toys may at any time modify any relevant terms and conditions, policies or notices

### 18 U.S.C. § 2257 COMPLIANCE NOTICE


All models, actors, actresses and other persons that appear in OrchidToys.com (the "website") were over the age of eighteen years at the time of the creation of such depictions. All other visual depictions displayed on this website are exempt from the provision of 18 U.S.C. § 2257 and 28 C.F.R. 75 because any of said visual depictions which appear to be of sexually explicit conduct is merely simulated. With respect to all visual depictions displayed on this website, whether of actual sexual conduct, simulated sexual content or otherwise, all persons in said visual depictions were at least 18 years of age when said visual depictions were created. OrchidToys.com is not the primary producer (as that term is defined in 18 USC § 2257 and 28 C.F.R. 75 or subsequent case law defining such) of any of the visual content contained in the website. The original records required pursuant to 18 U.S.C. § 2257 and 28 C.F.R. 75 for the materials contained in this website are kept by the Custodian of Records for each of the primary producers.

COMMENTS OR QUESTIONS

If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.