Welcome to the family of websites provided by A Provocative Mood. This Agreement applies to all of the websites where it is posted (collectively “A Provocative Mood sites”). By using one of the A Provocative Mood sites, you accept this Agreement and certify that you are above the age of majority in your jurisdiction. Additional terms and conditions apply to some services offered on the A Provocative Mood Sites and may be found at the place where the relevant service is offered.
We may change the terms of this Agreement from time to time. By continuing to use any of the A Provocative Mood Sites after we post any such changes, you accept the Agreement, as modified.
Use Of A Provocative Mood Sites
You certify that the information you provide on the A Provocative Mood Sites is accurate and complete. You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account. If you believe someone has used your password or account without your authorization, you must notify A Provocative Mood immediately. Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue the A Provocative Mood Sites, or any portion of the A Provocative Mood Sites, at any time without notice.
A Provocative Mood and its affiliates have no liability to you for content on the A Provocative Mood Sites that you find offensive, indecent, or objectionable. Certain videos, movies, TV programs, video games, and computer games are labeled with age restrictions and may be intended for mature audiences only. By ordering an age restricted item, you certify that you satisfy the age restrictions.
We sell products for children’s use; however, these products are intended for selling to adults. If you are under the age of majority in your jurisdiction, you may use the A Provocative Mood Sites only with involvement of a parent or guardian. Individuals may use the A Provocative Mood Sites to create gift or wish lists for individuals, including children under the age of 13 by making product selections for the child; additional personally identifiable information about the child should not be provided.
You are prohibited from:
Violating or attempting to violate the security of the A Provocative Mood Sites;
Using any device, software, or routine to interfere or attempt to interfere with the proper working of the A Provocative Mood Sites; or
Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by A Provocative Mood or other third party web browsers) to navigate or search the A Provocative Mood Sites.
CONTENT SUBMISSION
A Provocative Mood allows users to submit and share comments, feedback, submissions, suggestions, questions, reviews, and other content through the A Provocative Mood Sites (“Content”). Content should be written in English.
By submitting Content, you warrant that (1) you are the sole author and owner of the Content; (2) you are at least 18 years old or if you are under the age of 18, you are at least 13 years old and your submission has been made under the supervision of a parent of legal guardian who agrees to be bound by this Agreement; and (3) use of any Content you supply will not violate any term of this Agreement and will not cause injury to any person or entity.
- License Grant for Submitted Content
If you make any submission to the A Provocative Mood Sites, you automatically grant, or warrant that the owner of such content has expressly granted A Provocative Mood, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. A Provocative Mood may sublicense its rights through multiple tiers of sublicenses. You should not submit any Content to us that you do not wish to license to us. A Provocative Mood is and shall be under no obligation (1) to maintain any Content in confidence; (2) to pay any compensation for any Content; or (3) to respond to any user Content. You grant A Provocative Mood the right to use the name that you submit in connection with any Content.
- Prohibited Content
You represent and warrant that you will not submit the following Content:
- a) Content that is false, inaccurate, or misleading;
- b) Content that contains your full name(s), or any other confidential identifiable information of yourself or others;
- c) Content that violates any local, state, federal, or international laws;
- d) Content that infringes on the rights of others, including patents, copyrights, trademarks, trade secrets, publicity or privacy rights;
- e) Content that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by A Provocative Mood in its sole discretion;
- f) Advertisements, solicitations or spam links to other web sites or individuals, without prior written permission from A Provocative Mood;
- g) Chain letters or pyramid schemes;
- h) Content that impersonates another business, person or entity, including A Provocative Mood, its related entities, employees and agents;
- i) Content that contains viruses or other harmful computer code;
- j) Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- k) Content that you were compensated or granted any compensation by any third party unless otherwise authorized by A Provocative Mood in writing; or
- l) Content that violates any policy posted on the A Provocative Mood, or interferes with the use of the A Provocative Mood Sites by others.
Although A Provocative Mood cannot monitor all Content, you understand that A Provocative Mood shall have the right, but not the obligation, to monitor the Content of the A Provocative Mood Sites to determine compliance with this Agreement and any other operating rules that may be established by A Provocative Mood from time to time. A Provocative Mood shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any Content submitted, to or posted on, the A Provocative Mood Sites for any reason, including violation of this Agreement, whether for legal or other reasons. Notwithstanding this right of ours, you are solely responsible for any Content you submit and you agree to indemnify A Provocative Mood and its affiliates for all claims resulting from any Content you submit.
THIRD PARTY SITES
References on A Provocative Mood Sites to any names, marks, products, or services of third parties, or links to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. A Provocative Mood is not responsible for the content of any third party linked site or any link contained in a linked site. Your use of a third-party site linked from a A Provocative Mood Site is at your own risk and will be governed by such third party’s terms and policies.
ORDER ACCEPTANCE AND BILLING
All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation. Prior to accepting an order we may also request additional information from you. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. A Provocative Mood may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s). You will not be charged for most orders until the order has shipped. Some other exceptions when you will be charged at the time your order is placed are: (i) orders or preorders paid for with a Gift Card, eGift Card or PayPal account; and (ii) orders paid using the in-store “Cash” payment method.
A Provocative Mood reserves the right to limit the quantity of items purchased per person, per household or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will notify you should such limits be applied. A Provocative Mood also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from A Provocative Mood for the purpose of engaging in a commercial sale of that same product(s) with a third party.
PRICING INFORMATION
A Provocative Mood cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the A Provocative Mood Sites or through A Provocative Mood Marketplace retailers. A Provocative Mood reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from A Provocative Mood. A Provocative Mood may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the A Provocative Mood Sites or from prices available on A Provocative Mood mobile applications (pricing and availability remain subject to confirmation at checkout for mobile users).
SHIPPING AND DELIVERY
Delivery of items purchased from the A Provocative Mood Sites to addresses outside the United States is limited. Some items also have restricted delivery within the United States.
Delivery times are determined based on the method of shipping chosen when items are purchased and the destination of the items.
INFORMATION PROVIDED ON THE A Provocative Mood SITES
A Provocative Mood and our customers post a variety of material on the A Provocative Mood Sites including without limitation, merchandise information, product descriptions, reviews, comments, health and prescription information, and In Store Now information (collectively, “Materials”). The Materials that appear on the A Provocative Mood Sites are for educational and informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you have found on the A Provocative Mood Sites, you should confirm any facts that are important to your decision. A Provocative Mood and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on the Walmart Sites. A Provocative Mood is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. Product information contained on the A Provocative Mood Sites may be different from information contained on the product materials due to manufacturer changes. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return).
No health, wellness, prescription or pharmaceutical information is intended to substitute for the diagnosis, treatment and advice of a medical professional and this information does not cover all possible uses, precautions, side effects and interactions and should not be construed to indicate that any drug is safe for you. Consult the product information (including package inserts) regarding dosage, precautions, warnings, and interactions and your medical professional for guidance before using any prescription or over the counter drug.
A Provocative Mood, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON ANY OF THE A Provocative Mood SITES.
EXPORT POLICY
You acknowledge that some goods licensed or sold on the A Provocative Mood Sites are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received and agree to comply with all applicable laws. By purchasing, downloading or using technology or software from the A Provocative Mood Sites, you agree to abide by the applicable laws, rules and regulations and you agree, represent and warrant that no A Provocative Mood Materials will be accessed from, downloaded in, released in, carried to transferred to, transshipped through, exported to, or re-exported to any restricted territory (or national resident thereof), any person, entity or organization on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List, or otherwise in violation of law.
TERMS APPLICABLE TO A PROVOCATIVE MOOD MARKETPLACE
By purchasing a product from any of our Marketplace Sellers, you acknowledge that all Marketplace orders will be fulfilled by the third party Marketplace Seller and not A Provocative Mood. The Marketplace Seller will be responsible for all processing, shipping, returns, and customer service related to your Marketplace order. Products purchased from a Marketplace Seller can only be returned to that Marketplace Seller in accordance with its return policy and cannot be returned to A Provocative Mood. Each Marketplace Seller’s shipping information, return policy, customer service information, and Marketplace Privacy Policy can be found on that Marketplace Seller’s Retailer Information page.
COLORS
We have made significant efforts to accurately display the colors of products that appear on the A Provocative Mood Sites. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish.
Sites. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish.
PRIVACY
You acknowledge that any personal information that you provide through the A Provocative Mood Sites will be used by A Provocative Mood in accordance with A Provocative Mood’s Privacy Policy at aprovocativemood.com/privacy-policy terms of which are incorporated here by this reference. If you purchase an item on A Provocative Mood.com sold by a Marketplace Seller, A Provocative Mood shares certain information with that Marketplace Seller to permit the Marketplace Seller to fulfill and ship your order, process returns, and provide customer service. A Provocative Mood requires Marketplace Sellers to keep your information secure and use it only in accordance with the Marketplace Seller’s Marketplace Privacy Policy which can be found on that Marketplace Seller’s Seller Information page
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless A Provocative Mood and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the A Provocative Mood Sites or any breach by you of this Agreement
TERMINATION
This Agreement is effective unless and until terminated by either you or A Provocative Mood. You may terminate this Agreement at any time, provided that you discontinue any further use of the A Provocative Mood Sites. A Provocative Mood also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the A Provocative Mood, if in A Provocative Mood’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or A Provocative Mood, you must promptly destroy all materials downloaded or otherwise obtained from the A Provocative Mood Sites, as well as all copies of such materials, whether made under this Agreement or otherwise. The following sections shall survive any termination of this Agreement: “Use of the A Provocative Mood Sites,” “Content Submission,” “Order Acceptance and Billing,” “Pricing Information,” “Information Provided on the A Provocative Mood Sites,” “Export Policy,” “Intellectual Property,” “Indemnification,” “Termination,” “Disclaimer,” “Limitation of Liability,” “Privacy,” and “General.
DISCLAIMER
THIS SITE IS PROVIDED BY A PROVOCATIVE MOOD ON AN “AS IS” AND “AS AVAILABLE” BASIS. A PROVOCATIVE MOOD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE A PROVOCATIVE MOOD SITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE A PROVOCATIVE MOOD SITES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, A PROVOCATIVE MOOD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, A PROVOCATIVE MOOD DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE A PROVOCATIVE MOOD SITES. YOU ACKNOWLEDGE, BY YOUR USE OF THE A PROVOCATIVE MOOD SITES, THAT YOUR USE OF THE A PROVOCATIVE MOOD SITES IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL A PROVOCATIVE MOOD OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE A PROVOCATIVE MOOD SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A PROVOCATIVE MOOD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL A PROVOCATIVE MOOD BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE WALMART SITES DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
GENERAL
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of A Provocative Mood to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit A Provocative Mood ‘s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Colorado law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of the A Provocative Mood Sites must be brought in the state or federal courts of Colorado and you consent to the exclusive personal jurisdiction of such courts.