TERMS OF USE

Horny Stoner (“Hs”) operates the website located at http://www.hornystoner.com (“Site”).  Please read these Terms of Use (“Agreement” or “Terms of Use”) carefully before using the Site.  This Agreement sets forth the legally binding terms and conditions for using the Site and all services provided on the Site.  This Agreement applies to all users of the Site.  By using the Site in any manner, you agree to be bound by the terms and conditions of this Agreement, including any additional terms, conditions, and policies available on the Site.

Site Visitors.  The Site is only available to users who are 21 years of age or older.  By using the Site, you represent and warrant that you are at least 21 years old and that all information you submit is accurate and truthful.  Hs may, in its sole discretion, refuse to allow access to or use of the Site to any user.  This provision is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.

License and Access.  Subject to your compliance with Terms of Use, Hs grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site. This license does not include any resale or commercial use of the Site, or its contents; any collection and use of any product listings, descriptions, or prices; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Hs or its licensors, suppliers, publishers, rightsholders, or other content providers. Nothing on the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Hs. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Hs without express written consent. You may not use any meta tags or any other "hidden text" utilizing Hs's name or trademarks without the express written consent of Hs. The licenses granted by Hs terminate if you do not comply with these Terms of Use.

You agree to comply with all laws regarding online conduct.  In addition, you must abide by Hs's policies as stated in this Agreement and other policy documents listed on the Site, as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Hs, each of which is incorporated herein by reference and each of which may be updated by Hs from time to time without notice to you.

You may not transfer or sell your account or User ID to any other party. You must treat your account information as confidential and personal to you.  Keep your password secure.  Do not provide your username or password information to any other party.  You agree that you are fully responsible for any and all activity, liability, and damage resulting from your failure to maintain password confidentiality.  You also agree that Hs cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.  You agree to notify Hs immediately in the event of any unauthorized use of your password or any breach of security.

Hs reserves the right to refuse or suspend service to anyone, for any reason, at any time, including in the event of your actual or suspected unauthorized use of the services or non-compliance with these Terms of Use or other Hs policy.  Hs reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts.

Third Party Advertising.  The Site may contain links to third-party websites, advertisers, or services that are not owned or controlled by Hs.  We cannot control, and we assume no responsibility for, the content, availability, privacy practices, or business practices of any third-party websites or resources linked to or referenced on the Site. Hs does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources.  You agree that Hs shall not be responsible or 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 such content, goods, or services available on or through any such websites or resources. Your dealings with any such third-party websites are solely between you and those third parties.  If you access a third-party website from the Service, you do so at your own risk, and you understand that these Terms of Use and other Hs policies do not apply to your use of such websites.  We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Terms of Sale.  By purchasing any item sold by Hs, you expressly warrant that you are in compliance with all applicable Federal, State, and Local laws and regulations regarding the purchase, ownership, and use of the item. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). It shall be your responsibility to comply with all Federal, State and Local laws governing the purchase or possession of any items listed, illustrated or sold. You expressly agree to indemnify and hold harmless hornystoner.com for all claims resulting directly or indirectly from the purchase, ownership, or use of the item in violation of applicable Federal, State, and Local laws or regulations. You further warrant that you are 21 years of age or older, and understand that some items sold by Hs can be dangerous if misused. You expressly agree to indemnify and hold harmless Hs for injuries which may result from the use of products sold by Hs.

Prohibited Uses. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Resolution of Disputes and Release.  In the event a dispute arises between you and Hs, please contact Hs.  For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Eastern District of North Carolina.  You hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph.  Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.  You and Hs agree that any cause of action arising out of or related to the Site or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Should you have a dispute with one or more users, or an outside party, you release Hs (and Hs's officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.  Hs encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

Intellectual Property.  Unless otherwise noted, all of the text, information, data, graphics, photographs, images, illustrations, animations, software, audio, video, and all other content on the Site (collectively, the “Content”) is subject to the copyright and other intellectual property rights of Hs.  All Content on the Site is the sole property of Hs.  Hs reserves all rights not expressly granted in and to the Site and the Content

DMCA Notice.  Hs reserves the right in its sole discretion to remove any content from the Site for which it has been informed or has reason to believe may infringe a third party’s intellectual property right(s).  If you believe your copyrighted work has been copied on the Site in a way that constitutes copyright infringement, please notify Hs at the Notice address provided in these Terms of Use.  You must provide the following information in writing:  (i) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (ii) identification of the copyrighted work that you claim has been infringed; (iii) identification of the material that is claimed to be infringing and where it is located on the Site; (iv) information reasonably sufficient to permit Hs to contact you, such as your address, telephone number, and email address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement, made under the penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.  Please note that this procedure is exclusively for notifying Hs that your copyrighted material has been infringed, and the preceding requirements are intended to comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”).

Access and Interference.  Hs does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Hs's control.  You agree that you will not:  (i) Take any action that imposes, or may impose, in Hs's sole discretion, an unreasonable or disproportionately large load on Hs's infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute, or publicly display any user Content (except for your Content) without the prior express written permission of Hs and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass Hs's robot exclusion headers or other measures Hs may use to prevent or restrict access to Hs.

Breach.  Without limiting any other remedies, Hs may, without notice, and without refunding any fees, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if Hs suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement or other policy documents or guidelines listed on the Site; Hs is unable to verify or authenticate any of your personal information or Content; or Hs believes that a user is acting inconsistently with the letter or spirit of Hs's policies, has engaged in improper or fraudulent activity in connection with Hs or the actions may cause legal liability or financial loss to Hs's users or to Hs.

Disclaimer of Warranties. Hs makes no representations or warranties as to your use of the Site and the services and assumes no liability or responsibility for the accuracy, or any error or omission, in the Content.  We do not represent or warrant that use of the Service by you will not infringe rights of third parties.  Third parties may provide some of the content available on the Site.  Hs does not guarantee the accuracy, integrity, or quality of the content provided by third parties.  Neither we, nor any of our affiliates, or any of our employees, agents, content providers or licensors, make any representation or warranty of any kind regarding the Site or the Site content whatsoever.

YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND SUPPLIERS PROVIDE THE SITE AND COMPANY’S SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.  COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM COMPANY SHALL CREATE ANY WARRANTY.  SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Liability Limit.  IN NO EVENT SHALL COMPANY, AND (AS APPLICABLE) COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, COMPANY’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

Indemnity.  YOU AGREE TO INDEMNIFY AND HOLD COMPANY. AND (AS APPLICABLE) COMPANY’S OFFICERS, DIRECTORS, AFFILIATES, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR OTHER COMPANY POLICY DOCUMENTS, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

Sever-ability.  If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention.  All remaining provisions of this Agreement shall remain in full force and effect.

Hs Service.  Hs reserves the right to modify or terminate the Site for any reason, without notice, at any time.  Hs reserves the right to alter these Terms of Use or other Site policies at any time.  Each revised version of these Terms of Use will be posted on the Site.  Continued use of the Site constitutes your acceptance of any revised Terms.

Choice of Law.  This Agreement shall in all respects be interpreted and construed with and by the laws of the State of North Carolina, excluding its conflicts of laws rules, and the United States of America.

Survival.  Any and all provisions in this Agreement relating to fees, service, content, licensing, information control, dispute resolution, Hs’s intellectual property, data access and site interference, breach of the Agreement, privacy, warranty, limitation of liability, severability, the relationship(s) between and among Hs, Site users, and third parties, and choice of law, survive any termination or expiration of this Agreement.

Notices.  Horny Stoner, 2339 Mercantile Dr. Ne, Leland, NC 28451;

contact@thehornystoner.com 

Hs may give you notice by certified mail, postage prepaid, and return receipt requested, to the address provided to Hs.  In such case, notice shall be deemed given three days after the date of mailing.

 

Please contact us if you have any questions or concerns about our policies.

Horny Stoner

2339 Mercantile Dr. Ne, Leland, NC 28451

contact@thehornystoner.com