|Terms and Conditions of Service|
TERMS AND CONDITIONS OF SERVICE:
Welcome to Libida. Please read the following terms and conditions of the Libida Online Service Agreement carefully and in its entirety. By viewing or using Libida, you understand and agree to be bound by the terms and conditions of this Agreement. If you do not wish to be bound by the terms and conditions of this Agreement, you may not view or use Libida.
All references to Libida in this Agreement shall include the www.Libida.com Web site, PriveCo, Inc., and its directors, officers, employees, consultants, shareholders, agents, and attorneys, as applicable.
Access to view and use Libida is restricted to individuals 21 years of age and older.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of Libida or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Libida and protected by U.S. and international copyright laws. All software used on this site is the property of Libida or its software suppliers and protected by U.S. and international copyright laws. The reproduction, modification, distribution, transmission, republication, display, or performance of the content on this site is strictly prohibited.
LIBIDA, LIBIDA, LIBIDA LOUNGE, GLOBAL LIBIDA, THE BUZZ, EXPOSED!, LIBIDA METER, AROUSAL CYCLE , MY LIBIDA, and other Libida graphics, logos, and service names are trademarks of PriveCo, Inc., d/b/a Libida. Libida's trademarks may not be used in connection with any product or service that is not Libida's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Libida. All other trademarks not owned by PriveCo, Inc. d/b/a/ Libida or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Libida or its affiliates.
USE OF SITE
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Libida. Libida and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if Libida believes that customer conduct violates applicable law or is harmful to the interests of Libida and its affiliates.
CUSTODIAN OF RECORD
All persons who appear in any visual depiction contained at Libida.com were eighteen years of age or older at the time of the creation of such depictions. The records required by Section 2257 of Title 18 of the United States Code with respect to visual depictions of actual sexually explicit conduct are kept by the custodian of records, PriveCo, Inc. d/b/a Libida.com, who can be reached at firstname.lastname@example.org and has a business address of 352 Oliver Dr., Troy MI 48084, except with regard to visual depictions of actual sexually explicit conduct made before July 3, 1995, which are exempt from the requirements set forth in 18 U.S.C. § 2257 and 28 C.F.R. 75.
18 U.S.C. 2257 Compliance Notice
18 U.S.C. 2257 Compliance Notice All models, actors, actresses and otherpersons that appear in any visual depiction of actual sexual conduct appearing or otherwise contained in Libida.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 are 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. Libida.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.
Please direct questions pertaining to content on this website to our custodian of records:
352 Oliver Dr., Troy MI 48084
REVIEWS, COMMENTS, STORIES
Libida enables users to its site to post reviews, comments, stories and other content to the site. If you post reviews, comments, stories or other content on the site, you grant Libida and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews, comments, or other content throughout the world in any media. If you expressly state that Libida may use your name, you grant Libida and its affiliates and sublicensees the right to use the name that you submit with any review, comment, story or other content, if any, in connection with such review, comment, story or other content. You also represent and warrant that you own or otherwise control all of the rights to the reviews, comments, stories and other content that you post on this site and that use of your reviews, comments, stories or other content by Libida and its affiliates will not infringe upon or violate the rights of any third party. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on Libida retains any and all Rights that may exist in such content.
Libida and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us in writing at Libida, 352 Oliver Dr., Troy MI 48084.
RISK OF LOSS
All items purchased from Libida are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. If you have questions about your order, please contact us, and please include your order number so that we can best address your email.
THIS SITE IS PROVIDED BY LIBIDA ON AN "AS IS" BASIS. LIBIDA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LIBIDA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LIBIDA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
You may view or use Libida subject to the terms and conditions of this Agreement. You may download or print a copy of any information provided by Libida for your personal use only. Any other use in framing, downloading, or printing a copy of any information provided by Libida is expressly prohibited unless prior written consent is specifically provided by the holder of the copyright of the information and by Libida.
Libida does not guarantee or warrant that Libida is free of viruses or other code containing destructive properties. You are responsible for implementing reasonable measures to prevent the loss of code or data belonging to you. Libida does not assume any responsibility for your use of Libida.
The information contained in Libida may change rapidly. The information contained in Libida may be out of date, and may contain incorrect or incomplete information, or typographical errors.
LIBIDA DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS, INCLUDING ANY WARRANTIES OF TITLE OR NONINFRINGEMENT OF THIRD PARTIES' RIGHTS, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO ANY INFORMATION OR MERCHANDISE PROVIDED BY OR THROUGH LIBIDA, EXCEPT AS OTHERWISE SPECIFIED BY LIBIDA. LIBIDA DOES NOT WARRANT THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY INFORMATION OR MERCHANDISE PROVIDED BY OR THROUGH LIBIDA. Libida is not liable to anyone for any act or omission taken in reliance upon any information provided by Libida.
You agree to fully defend and indemnify Libida from any legal action arising out of your illegal uses of Libida and/or its products or services.
Libida may contain links to Web sites operated by other parties. Other Web sites may provide a hypertext link to Libida. Libida is not responsible for the content or performance of those Web sites. Libida does not operate or control those Web sites, and does not endorse or warrant any information, products or services provided through those Web sites.
Registration and Password
You are responsible for maintaining the confidentiality of your Information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Libida of any unauthorized use of your registration or password.
Psychiatric/Sex Therapist Disclaimer Policies, Arousal Cycle Disclaimer:
The information contained in Libida is not intended to and does not provide professional advice for sexual, psychological or physical health counseling, or act as a substitute for professional sexual, psychological or physical health counseling or therapy. You should not rely upon the information contained in Libida for medical, psychological, sexual or legal decisions. You should consult a sexual, psychological or physical health professional for advice or treatment regarding any sexual, psychological or physical health concerns.
Product Return Policies:
Returns: 60-day unconditional money-back guarantee
We guarantee your satisfaction with all Libida merchandise. You may return any item within 60 days of delivery for a credit, refund or exchange of the purchase price (less shipping and handling). Due to the ease of duplication, videotapes are returnable only if the seal is unbroken.
Damaged or defective items -- one year unconditional money-back guarantee
Within the first year of your receipt of a product, if your product is damaged or defective, we will promptly send you a replacement after you have returned the damaged or defective product. You will not be charged any additional shipping. Defective videos and audiotapes will only be replaced with the same product.
Inventory availability and backorders
We keep all merchandise in inventory, in our warehouses. We cannot guarantee that a product listed as "In Stock" will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order, and sold out by the time your order is processed.
If any selected merchandise is temporarily out of stock, your credit card will not be charged until the merchandise is shipped to you. Please note: Any items not in stock when you place your order will be shipped immediately when received from the manufacturer at no additional cost.
Back-orders (Out-Of-Stock Items)
Back-ordered merchandise includes items that are not currently in stock. In most cases, these items are on order from the manufacturers. When we receive the product, we notify you by email and ship it to you promptly.
Back-ordered products usually come into stock within one to four weeks but can occasionally take longer. If your order is not ready to ship within 30 days, we will send you an update by email.
If for any reason we determine that a back-ordered item will no longer be available at all, we will notify you immediately by email, cancel the item from your order and delete the item from our catalog.
Note: we never charge your credit card until the item ships; therefore, no adjustment will need to be made to your credit card upon order cancellation. If payment was made by check or money order, your credit will be placed in your Libida account and will be automatically applied to your next order. If you prefer a check refund, please contact us at 415.584.2303, 415.824.1445 or by mail at Libida, 352 Oliver Dr., Troy MI 48084 to request one.
Customs and Import Duties Information
You may be subject to import duties and taxes, which are levied once the package reaches your country. Additional charges for customs clearance must be borne by you; Libida has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; 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 or any country.
Libida will make every effort to respond to your customer care, feedback and order information as quickly as possible. However, due to the fact that we are in our earliest stages of development, there may be delays in our response time to your request.
Please submit any requests by using the email forms located on our Contact Us page, and throughout the site. If you prefer, you can contact us at 415.584.2303, 415.824.1445 or send us mail at Libida, 352 Oliver Dr., Troy MI 48084.
We appreciate your patience and will continue to keep you informed of our developments.
Community/Message Board Policy:
Through live chat, message boards and email, Libida provides you the opportunity to express your voice and also hear what your peers and experts around the world have to say.
Rules of conduct:
To meet our goal of providing women with a safe and secure environment within which to express themselves and their sexuality, we have developed a standard of conduct that is strictly enforced. Our standards may be a bit more stringent than other Web-based communities, but we are confident you will come to appreciate the safe atmosphere and candid discussions we strive to maintain.
Chatters who violate our standards while in our chat rooms will be removed from the chat server. Comments posted on our message boards which violate our standards are routinely removed without further comment. Libida reserves the right to refuse service to anyone and to cancel an account at any time.
Personal attacks on other Community participants are not allowed. Personal attacks are defined as comments that reflect upon a given person instead of her or his opinion.
Slanderous, defamatory, violent, abusive, insulting, threatening or harassing comments are not tolerated.
Please keep your comments focused on the discussion topic.
Impersonation of other participants or public figures is not allowed.
A real name and email address must be provided to Libida before you can obtain access to our chats or message boards. You are allowed to create a pseudonym for use on the chats or message boards.
No advertising of any kind, including nonprofit organizations, will be tolerated on the message boards and chats.
No copyrighted material is allowed. Please use links instead of quotes from sources outside Libida.
As with every part of our site, you must be 21 or older to view and/or participate in Libida's chat rooms or message boards.
You agree not to use the system for illegal activity or to violate the privacy or security of other members.
You agree to comply with the restriction on the content of chats and messages, as stated below.
Content of Messages
Libida does not and cannot review every message posted in our Message Boards and is not responsible for the content posted in these messages. However, we reserve the right to delete, move or edit messages that we deem abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
Please note that the opinions, advice, statements, solicitations, advertisements and other information and content posted on Libida message boards are those of their respective authors and not of Libida, and should not necessarily be relied upon. Such authors are entirely responsible for their posted content.
You are legally and ethically responsible for any works -- writings, files, pictures, or any other work -- that you post or transmit using any of Libida's services: email, conferencing, the World Wide Web, or any other service that allows interaction or dissemination of information. In posting works on Libida, you are responsible for honoring the rights of others, including intellectual property rights (copyright, patent, and trademark), the right to privacy, and the right not to be libeled or slandered. For example, if you wish to post a copyrighted work on Libida, you are responsible for obtaining the copyright holder's permission first.
Illegal activity under the laws of California and the United States using your Libida account is a violation of this agreement. Since the law as to jurisdiction of online systems is unsettled, we urge you to consider the possible effect of laws outside Libida's locality or your own residence. Libida is open to members worldwide (and works published on the World Wide Web or other such services are accessible to anyone on the Internet), and Libida cannot guarantee that you won't run into legal trouble from other jurisdictions over your works.
Privacy Rights of Chat Members
Any use by you of any other subscriber's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (for example, mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Conditions of Service. Libida is to be used by you for your personal use only. Commercial uses of Libida are strictly prohibited unless prior written consent from Libida has been granted. You agree that you will not use Libida for chain letters, junk mail, "spamming," solicitations (commercial or non-commercial) or bulk communications of any kind, including but not limited to distribution lists, to any person who has not given specific permission to be included in such a list.
Conflicts among Community Members
If you have a complaint about the behavior or posts of another member, it is your responsibility to attempt to resolve the conflict, typically by contacting that person directly. If that doesn't help, and your complaint is about interactions or material in a specific conference, you should also feel free to contact that conference's host for help. Normally, Libida staff will not take a role in mediating conflicts between you and other members. Libida does not take responsibility for your behavior or that of other members of the system. However, a Libida member has the right to expect not be bothered by others against her or his will.
Although we cannot guarantee that violations of our rules of conduct will not happen, if you become aware of a user violating these rules of contact, please Contact Us immediately.
Your Personal Account
You are responsible for maintaining the confidentiality of your Information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Libida of any unauthorized use of your registration or password.
Information Collection and Use
Libida is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. Libida collects information from our users at several different points on our Web site.
If a user chooses to register with our site, a user is required to give the following:
valid email address, a unique password, a phrase and a response in case of forgotten password, and a unique user name.
This information is used to contact the user about the services on our site for which they have expressed interest.
The user may provide optional demographic information, in order to help personalize our site to you, at the point of registration. The information requested is as followed: name, age group, sex, profession, education, marital status, employment status, income level, city, state and zip code. Providing such information is strongly encouraged so that Libida can provide a more personalized experience on our site.
We request information from the user on our order form. Here a user must provide contact information (like name and shipping address) and financial information (like credit card number and expiration date). This information is used for billing purposes and to fill customer's orders. If we have trouble processing an order, this contact information is used to get in touch with the user.
A cookie is a piece of data stored on the user's hard drive containing information about the user. Use of a cookie is in no way linked to any personally identifiable information while on our site. Once the user closes their browser, the cookie simply terminates. For instance, by setting a cookie on our site, the user would not have to log in a password more than once, thereby saving time while on our site. If a user rejects the cookie, she or he may still use our site. The only drawback to this is that the user will be limited in some areas of our site. For example, the user will not be able to participate in any of our membership benefits, contests or promotions that take place. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site.
We use Log Files to identify IP addresses, browser type, domain name, date and time users have accessed Lidida.com. The data is used to analyze trends, administer the site, track users' movements, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
We share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.
We use an outside credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.
We may from time to time partner with other parties to provide specific services that are of value to our users. Users of our site are always notified when their information is being collected by any outside parties. We do this so our users can make an informed choice as to whether or not they should proceed with services that require an outside party. When the user signs up for these services, we will share names or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.
When any user is in a private chat room with one our experts getting advice, no other user can view their chat. When a user sends a question to one of our experts via email, we post that user's question and our expert's answer only after making sure that there is no personally identifiable information about the user.
We may disclose personal information when required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law or comply with a legal process served on our Web site.
This Web site may contain links to other sites. Please be aware that Libida is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
We use email links located on the "contact us" page to allow you to contact us directly with any questions or comments you may have. We read every message sent in. We directly respond to messages related to customer orders. For all messages that do not relate to customer orders, we may file your comments to improve the site and program, or review and discard the information. Your personal information is only shared with third parties with your explicit permission.
If a user wishes to subscribe to our newsletter, we ask for contact information such as name and email address.
Surveys and Contests
From time to time, our site requests information from users by surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address) and demographic information (such as ZIP code and age). Contact information will be used to notify the winners and award prizes. By law, we are required to post the names of contest winners; please be aware of this prior to entering into any of our contests. Survey information will be used for purposes of monitoring or improving the use of this site and the users' satisfaction.
This Web site takes every precaution to protect our users' information. When users submit sensitive information through the Web site, their information is protected both online and offline.
Our staff will not disclose any customer information, names or purchasing information to anyone outside of Libida, unless required to do so by law.
When our registration/order form asks users to enter sensitive information (such as credit card number), that information is encrypted and is protected with the best encryption software in the industry -- SSL. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to unlocked, or open, which is its designation when you are just "surfing."
While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user information offline.
All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Our employees must use password-protected screen-savers when they leave their desks.
When they return, they must re-enter their password to regain access to your information. Furthermore, all of our employees are kept up-to-date on our security and privacy practices.
Every quarter, Libida conducts in-house trainings on our customer care policies so that our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure that our customers' information is protected. Finally, the servers on which we store personally identifiable information are kept in a secure environment behind a locked cage.
If you have any questions about the security at our Web site, you can send an email to email@example.com.
We send all new members a welcoming email to verify password and username. Established members will occasionally receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our users we present the option to not receive these types of communications. Please see our choice and opt out below.
Site and Service Updates
We also send the user site and service announcement updates. Members are not able to unsubscribe from service announcements, which contain important information about the service. We communicate with the user to provide requested services and with regard to issues relating to her or his account by email or phone.
Correction/Updating Personal Information
If a user's personally identifiable information changes (such as your ZIP code), or if a user no longer desires our service, we will endeavor to provide a way to correct, update or remove that user's personal data provided to us. This can usually be done at the member information page or by emailing our Customer Support.
Libida provides its users with the option of opting out of all mailings. Therefore, when there is a choice of using information for purposes other than what the information was originally collected for, Libida will present the user with an opt out box.
Users who no longer wish to receive our newsletter or promotional materials from our partners may opt out of receiving these communications by replying to unsubscribe in the subject line in the email or email us at firstname.lastname@example.org.
Users of our site are always notified when their information is being collected by any outside parties. We do this so our users can make an informed choice as to whether or not they should proceed with services that require an outside party.
Notification of Changes
Discreet Product Shipping and Customer Billing
To further ensure your privacy, all of Libida's products are delivered in plain boxes, which list PriveCo, Inc. as the return address (and not Libida).
Moreover, on your credit card balance statements, all charges to your account by Libida are also listed as PriveCo, Inc.