Acceptance of Terms of Service
The following terms and conditions of service (“Terms”) are hereby entered into by and between you and Star Field Organization LLC (“Star Field,” “Company,” “we,” “us” or “our”). The following Terms will govern your access to and ability to use our website, www.getcere.com (the “Site”) and your purchases or use of products and services offered by Star Field, whether through the Site or otherwise (which said purchases, use of products together with the Site shall collectively be referred to as the “Services”).
Please review the Terms carefully prior to utilizing our Services. Upon accessing, browsing or otherwise using the Services or by clicking to accept the Terms when made available to you, you hereby (1) acknowledge and agree that you have read and understood the Terms, (2) represent and warrant to the Company that you meet all eligibility requirements for using the Services as described herein or in other areas of the Site, and (3) accept and agree to be bound by the Terms including, but not limited to, any other terms and conditions applicable to the Services that are incorporated herein by reference. If you are accessing the Services on behalf of an entity, you are accepting these Terms on behalf of the entity and you are representing to Company that you have full power and authority to bind that entity to these Terms (in which case “you” will refer to that entity). If you do not accept these Terms or do not satisfy the eligibility requirements set forth below, you may not access or use the Services.
In addition to the Terms, use of any Services may also be subject to specific terms applicable to a particular Service (“Additional Terms”). To the extent that there is an express conflict between these Terms and any Additional Terms, the Additional Terms shall govern with respect to the conflict.
To continue on this site you MUST affirm that viewing/downloading/receiving sexually explicit materials does not violate the standards or laws of your community, that you will not make any of the materials available to minors in any form, that you believe it is your constitutional right to view these materials, that you will be fully liable for any legal ramifications that may arise from your receiving or viewing of these materials and that you are over the age of 18.
Company may update, revise and modify the Terms from time to time at its sole discretion. We will reflect the date of said changes in the section headed “Last Updated” at the top of this page for you to determine if the Terms have changed from the date of your last visit. Any such changes are effective immediately when posted and shall apply to all Services thereafter. Please review the Terms on a regular basis as your continued use of the Services constitutes your acceptance of the updated Terms.
Access to Services
By accessing the Services, you warrant that:
- You are legally capable of entering into binding contracts;
- All registration information you submit is truthful and accurate;
- You will maintain the accuracy of such information; and
- Your use or purchase of the Services does not violate any applicable law or regulation.
In order to purchase the Services, you are required to register with the Site and create a user account (“Account”). Upon creating your Account, you are solely responsible for any and all activity that occurs through your Account. In order for Company to provide the best possible Service, you agree to provide complete, accurate, and updated information in your Account. You further agree that all information submitted by you upon creating your Account is complete, accurate and truthful and you have the right to provide such content in the Site. If any information is incorrect or outdated, it can lead to errors or delays, for which Company shall not be held responsible.
You should not share your private Account information with anyone. You should not use another person’s Account or registration information for the Services without authorization. You are solely responsible for keeping your Account and its password secure. Never publish, distribute, or post your login information. Company disclaims any and all responsibility for the misuse of your account or failure to secure your Account information. In addition, you will be held responsible for the unauthorized use of another person’s Account.
Company reserves the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in its sole discretion for any or no reason including if in the Company’s opinion, you have violated any provision of these Terms. In the event you wish to cancel or delete the Account you have established on our Site, please send an email to the following account: firstname.lastname@example.org.
Company utilizes Shopify Inc. (“Shopify”) as its provider of an online e-commerce platform enabling Star Field to sell its Services to you. You authorize Company to share your information with Shopify and upon using our Services you also hereby agree to Shopify’s terms of service: https://www.shopify.com/legal/terms.
Payment Processor; Third Party Service Provider
During your continued use of Services, third party payment service providers shall receive and implement updated credit card information from your credit card issuer in order to prevent your payment or subscription from being interrupted by an outdated or invalid card. The updated credit card information is provided to third party payment service providers at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.
Company’s obligation to provide the Services commences upon receipt of your purchase of the Services. Prices may include local taxes. You acknowledge and agree that Company is not responsible for any banking charges incurred due to payments on your Account.
Upon selecting products on our Site and providing your shipping information, you will be prompted to enter the details of your selected payment method including, but not limited to, credit card information and promotional codes if any. By entering payment information and submitting your order, you hereby authorize us and our third party payment processors to charge the amount of the order to your selected payment method.
Orders shipped outside of the United States to customers within the European Union, Caribbean, South America, Great Britain or Canada (“International Orders”) may be subject to import taxes, customs duties and fees (“Additional Charges”) levied by the country of destination. Any and all Additional Charges shall be paid for solely by recipient. Company has no control over and shall not be responsible for these charges nor the detention of any products by customs officials.
Changing Fees and Charges
Company reserves the right to change, modify, or add fees and charges relating to any of the Services from time to time at its sole discretion.
Cancellations by the Company
Company reserves the right to suspend or terminate your use of the Services under its suspicion of fraud or a breach of any of these Terms. The termination or suspension shall be immediate and without notice. A breach of these Terms shall include, without limitation, the unauthorized copying or downloading of content from the Site.
Eligibility; User Restrictions
Users of our Services are limited to those who are at least 18 years of age, or the age of majority in your country of residence, and who may enter into a legally binding contract with the Company to utilize the Services. Individuals under the age of 18 or below the age of majority in your country of residence (“Minors”) may only access the Services with the written consent and acknowledgement of a parent or legally appointed guardian. If you are a parent or legal guardian and you allow your Minor to access the Services, you hereby agree to be bound by the Minor’s use of the Services and by these Terms. If you are a Minor and do not have the requisite parental or guardian consent, please refrain from accessing the Services.
You may use or receive the Services only to the extent that the laws of your jurisdiction or of the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction, including laws regarding the import, export, or re-export of the Services.
Your continued use of the Services means you represent and warrant to Company that you meet all eligibility requirements outlined in the Terms. Regardless if a person meets eligibility requirements, Company may still refuse a person’s access to or use of the Services at its sole discretion. Company may also change its eligibility criteria at any time.
Use of the Services; Restrictions on Use
Company may create, modify and provide updates to the Services from time to time at its sole discretion. Company may also change the Services, restrict access to the Services (including to registered users) or withdraw or terminate the Services entirely at its sole discretion without notice. Any such updates or changes will be deemed part of the Services and subject to these Terms and terms and conditions of our third party providers. Company shall not be liable to you or any third party for any modification, suspension or discontinuance of Services. In the event of modification or termination, you will continue to be bound by these Terms, including the representations and warranties made by you and by the disclaimers and limitations of liability.
Use the Services must be as explicitly authorized and in compliance with the policies, if any, made available to you within the Services. You may not use any Company proprietary information, intellectual property or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means.
The Services sold on the Site are for your personal use only. You may not sell or resell any Services you purchase or receive from the Company including, but not limited to, our products such as condoms, gels, vibrators, lubricants, pads and tampons. All sales are final and will not be subject to returns except for the sale of vibrators which carry a one-year limited time warranty. In the event that your Cere vibrator fails to operate, after reading the instructions carefully, due to a manufacturing defect, the Company will, at its sole discretion, replace your product with the same or similar product according to the warranty. Company shall accept return of Cere– vibrators that are in their original closed packaging and with their original seal if returned within 14 days from date of purchase.
Descriptions of the Company’s products contained in the Site, including text, graphics, images and information, contained on or available through the Site, are general l in nature and shall not constitute product labeling or instructions for use. You should use the Company’s products in accordance with the instructions contained in the packaging and labels found on the products as placed by the manufacturer.
Notice Regarding Medical Advice
Nothing stated or posted on the Site should be taken or construed as medical advice. All information on the Site is provided on an informational basis only. This Site should not be used as a substitute for professional opinions. You should seek the advice of a physician or other qualified healthcare provider with any questions you have regarding medical needs. In addition, in case of an emergency please dial your local emergency number. Never disregard professional medical advice or delay seeking medical treatment because of something you have read on or accessed through our Site.
Links to Third Party Websites
You acknowledge and agree that your access to any third party websites provided on our Site is at your sole discretion, at your own risk and strictly for your information only. We do not review or endorse any of those websites or services. Company shall not be held responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites and services. Furthermore, Company shall not be held responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or their services.
Except as otherwise expressly granted to you by these Terms, Star Field reserves and retains any and all rights, title and interests in and to the Services including, without limitation, all technology and processes, enhancements or modifications thereto, trademarks, patents, service marks, site design, text, video, graphics, logos, images and icons, as well as the arrangement thereof. You acknowledge that the Services contain proprietary content, information and material protected by applicable intellectual property and other laws including, but not limited to, copyright, patent and trademark laws. You further agree that, with the exception of Company’s prior written consent or as explicitly provided in these Terms, using the Services does not (i) give you any ownership or a license to any intellectual property rights in or to our Services or (ii) grants you the right to display, modify, reproduce, distribute, reverse engineer, create derivative works of, download, store, transmit or otherwise use any of our intellectual property. The unauthorized use of any content, products or materials on the Services is strictly prohibited and violates copyright, trademark, patent and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
None of the audio, video or picture content located on our Site may be downloaded or copied from the Services. You are strictly prohibited from downloading, displaying, copying, reproducing, distributing, modifying, performing, transferring, creating derivative works from, selling or otherwise exploiting any content, source code, data or materials in the Services. If you make other use of the Services, or the content, source code, data or materials thereon, you may be violating trademark, patent, copyright and/or other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
Accessing or using the Site or any Services for commercial purposes is prohibited. You acknowledge and agree that you do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Services in accordance with the license granted. Appropriate legal action may be taken for any illegal or unauthorized use of the Services.
Availability of the Site
Company aims to provide a Site free from faults or defects, but some may occur. If you discover any issues on our Site, please report such issues to email@example.com. Access to the Services may be restricted or limited from time to time to allow for updates, repairs, maintenance or the introduction of new Services. Services will be restored as soon as practicable. We appreciate your patience during this process.
Third Party Materials and Content
Some of the Services displayed, include, or make available content, data, information, applications or materials from third parties or provide links to certain third party websites (“Third Party Materials”). In consideration for permitting your use of the Site and the Services, Company reserves the right to allow its affiliates and third party providers to place advertising on the Services.
You acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. Company expressly disclaims all responsibility for any Third Party Materials and you further agree that Company shall not be held liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services arising from Third Party Materials. Nothing in these Terms grants you a license to use third party trademarks or content, which shall remain the exclusive property of their respective owners.
All models, actors, actresses and other persons that appear in any visual depiction of actual sexual conduct appearing or otherwise contained on this website were over the age of 18 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 isare 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 18eighteen years of age when said visual depictions were created. This website 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.
Warranty Disclaimers; Limitation of Liability
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND UNLESS OTHERWISE EXPRESSLY INDICATED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY THE COMPANY OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT ANY OF THE SERVICES OR ANY CONTENT AVAILABLE THROUGH ANY OF THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY SHALL CREATE ANY WARRANTY.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS AFFILIATES, OR SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, MANAGERS, DIRECTORES, EMPLOYEES, MEMBERS, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY’S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD OF ANY MATERIALS IN CONNECTION WITH THE SERVICES IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. COMPANY NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, THE COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES, THE COMPANY’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY FEES PAID BY YOU TO COMPANY IN THE SIX (6) MONTHS PRIOR TO THE DATE THE CLAIM IS ASSERTED FOR ANY OF THE SERVICES OR FEATURES RELEVANT TO THE CLAIM, OR (2) US$500.00.
THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE MADE TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, managers, members, shareholders, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services or any information obtained through the use of the Services.
No matter your location, the laws of the state of Delaware will govern these Terms and the relationship between you and the Company as if you signed these Terms in the State of Delaware, without regard to Delaware state’s conflicts of laws, rules or forum non convenienceconveniens. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent in order to make such provision valid under the law. The parties hereto agree to submit to the federal or state courts in the County of Miami-Dade for exclusive jurisdiction of any dispute arising out of or related to the use of the Services or your breach of these Terms.
If any provision of these Terms, or the application of such provision to any Person or circumstance, shall be held invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions of these Terms, or the application of such provision in jurisdictions or to Persons or circumstances other than those to which it is held invalid, illegal or unenforceable shall not be affected thereby.
These Terms constitute the entire agreement between you and the Company and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved.
Company shall not be held responsible if you are unable to access the Services or for failure or delay in the use of the Services caused by or results from causes beyond the reasonable control of the Company including fire, floods, embargoes, shortages, epidemics, pandemics, quarantines, war, acts of war (whether war be declared or not), terrorism (and related government actions), insurrections, riots, blackouts, civil commotion, strikes, lockouts or other labor disturbances, acts of God or acts, omissions or delays in acting by any governmental authority and other similar acts (each such event a “Force Majeure”).
If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
You hereby release the Company and our successors from all losses, damages, rights, and demands and actions of any kind, including personal injuries, death, and property damage, that are directly or indirectly related to or arise from your use of the Services (collectively, “Claims”). If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his favor at the time of executing the release, which, if known by him would have materially affected his settlement with the debtor.” This release does not apply to any Claims for unconscionable commercial practice by the Company or fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services.
Comments, Concerns and Complaints
All feedback, comments, requests for technical support and other communications relating to the Services should be directed to firstname.lastname@example.org.