Terms and Conditions
Greetings from “Cream And Banana”. We hope you enjoy your visit. With this website, we wish to represent ourselves in an honest, yet entertaining way, as well as provide a safe, non-offensive environment for viewers over 18 years of age.
By accessing any areas of Creamandbanana.com users (“Users”) agree to be legally bound and to abide by the terms set forth below.
1. All orders are subject to acceptance and availability. Please be aware that the products in your cart are not reserved and can therefore be purchased by other users until you complete the whole checkout process and receive the Order Confirmation E-mail. In any event, your offer shall be deemed as accepted and the relevant contract of sale is effective only from the moment when you receive a second e-mail expressly informing you about the acceptance by Cream And Banana of your order, the dispatch time, the essential characteristics of the purchased products, and including a detailed breakdown of the price paid for each product, and delivery costs and details (“Shipping Confirmation E-mail”).
2. Cream And Banana reserves the right not to accept your order at its own discretion. In such case, Cream And Banana will inform you by email of the cancellation of the order.
3. By submitting an order, you unconditionally accept and undertake to comply with these Terms & Conditions as well as with the other policies contained in the Website.
4. If you want to cancel an order already placed you must do it before receiving our Shipping Confirmation E-mail: afterwards, you may still obtain a refund or a substitution according to our Withdrawal and Return Policy.
5. If some shipping detail is missing in your order (as incorrect address, phone number, or further information needed for the shipment) and you do not provide the missing information within 15 (fifteen) days, we will automatically cancel and refund your order. You will be able to place it again on our Website.
6. Orders are processed and shipped from Monday to Friday.
User acknowledges that Creamandbanana.com has information, software, flash presentation, photographs, illustrations, typefaces, graphics, music, sounds (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, and that these rights are valid and protected in all forms of media. All Content is copyrighted as a collective work under U.S. and international law. User may not modify, publish, transmit or in any way exploit, in whole or in part, any of the Content. User may make copies of Content for personal use only.
III. USAGE BY CHILDREN OR ADOLESCENTS UNDER 18
Creamandbanana.com cannot prohibit minors from visiting this site. Parents or guardians are responsible for supervising children and adolescents as to which materials are appropriate for them to view. Creamandbanana.com requires that all purchases be made by individuals over 18 years of age.
IV. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that the viewing and use of Liberator.com is at the User’s own risk. Neither Creamandbanana.com nor its affiliates, or any of their officers, directors, employees, third-party website developers and merchants make any warranty as to the results that may be obtained from the use of Creamandbanana.com or as to the accuracy, reliability of any information or products purchased through Creamandbanana.com
THIS SITE IS PROVIDED BY Cream And Banana. ON AN AS IS BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THE SITE, INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE.
TO THE FULL EXTENT PERMISSIBLE BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION. LIBERATOR, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS PRODUCTS AS ADVERTISED ON THIS SITE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
VII. U.S.C. Section 2257 Notice
All actors, models, actresses and other persons that appear in any visual depiction on this web site were over the age of eighteen years old at the time their image was created. It is rare that this web site includes an image of an explicit sexual nature as defined in U.S.C. section 2256 (2) (A) through (D). If an image is considered explicit, we comply with 18 U.S.C. section 2257 maintaining records to insure all actors, models and actresses were over the age of eighteen at the time the image was created.
WE SHARE YOUR CONCERNS ABOUT SAFEGUARDING PERSONAL INFORMATION
We may from time to time update this Policy to reflect changing technology and other factors. We will notify you of changes to the Policy by posting the updated Policy on this page. We ask that you bookmark and periodically review this page to ensure that you remain familiar with the most current version of the Policy. You can determine when this Policy was last revised by checking the “Effective Date of Current Policy” legend at the top of the Policy.
The Site collects two basic types of information during your visits to our Site.
First, we collect non-personally identifiable information. This is general information that cannot be traced to individuals and contains no personalized data, think of it as a simple census form. When visitors come to our Site, we collect and aggregate information indicating, among other things, which pages of the Site were visited, the order in which they were visited and which links on the site were clicked by visitors. We use this information in making modifications and improvements to the site to provide you, the user, with both a smoother and more efficient shopping experience.
We also use non-invasive “cookies” and other tracking technologies to collect non-personally identifiable information which we then use to provide you with an easier shopping experience. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser. These cookies do not track other websites you might visit and they do not plant malware on your computer. Our non-invasive cookies simply make it possible for us to recognize your browser once you visit our Site. By doing this, we can personalize your return visits and save you time during checkout. Your browser must be set to accept cookies in order for you to enjoy the benefits of being a registered user of the Site. If you are uncomfortable with the cookies on your computer, you can always remove them by accessing the options menu of your browser. Please refer to your browser’s help menu for more specific directions if needed.
Second, we collect personally identifiable information as needed to fulfill your order. In general, our Site uses an order form (shopping cart), and a registration form so that you can request information, products, and services from us. These forms require that you provide us with personally identifiable information, such as your name, email address, physical address, telephone number, and credit card number, to receive the requested services or products.
Further, when you use the Site to purchase a product or service as a gift, we will collect from you personally identifiable information regarding the gift recipient or potential gift recipient so that we can deliver the gift to them if requested.
Please take some time to familiarize yourself with the different ways that the Site uses the information that we gather. Keep in mind that, while we encourage all third parties involved in running our business to adhere to our policies regarding the privacy of our visitors and to handle personally identifiable information in a responsible manner, we cannot and do not assume any responsibility for any actions or omissions of third parties, including the manner in which they use information received either from the Site or independently.
Non-personally identifiable information
The Site uses non-personally identifiable information, such as your IP address and the pages that you visit on our Site, to help diagnose problems with our servers and to administer our Site and improve Site-related services and features. Your IP address and other non-personally identifiable information also may be used to gather broad demographic information and to recognize customer traffic patterns and Site usage trends. This information aids us in developing the design and layout of the Site.
Personally Identifiable Information
The Site uses personally identifiable information collected from you to complete transactions initiated by you, particularly the sale and delivery of products and services. Your personally identifiable information is also used to get in touch with you when necessary regarding questions about any order you might place. We may also use personally identifiable information to contact you to make sure you are satisfied with our goods and services or to find out how we can serve you better. Your decision to participate in any survey or questionnaire about this is completely voluntary.
Financial information (credit card numbers, credit card expiration dates, billing address, and so forth) is used solely to bill you for products and services and we make every effort to keep your information secure from theft or fraud.
You may, from time to time, receive information from us regarding new features, new products and services and special offers, or newsletters that we think you’ll find valuable. If you’d like to opt out of receiving future mailings from the Site, please follow the procedure outlined in the Choice/Opt-out section below.
The Site also may use your personally identifiable information to “pre-populate” forms that are used by the Site to facilitate transactions with us and save you from entering every data field at the checkout.
As noted above, we collect personally identifiable information regarding gift recipients and people to whom you may wish to give gifts in the future. This is done in order to accommodate proper gift delivery to such recipients. We do not sell or rent any personally identifiable information that you provide to us regarding such persons.
We work with third parties who provide services, including but not limited to website hosting, order processing, and fulfillment, credit card clearance, data analysis, emailing and other services of an administrative nature. Personally identifiable information, including financial information, is shared with such third parties for the purpose of providing you services or products and is limited to the intended purpose only.
Subject to applicable law, we reserve the right to release information concerning any Site visitor where such visitor is believed to be in violation of his or her obligations to us, is partaking (or is suspected of partaking) in any illegal activity, in response to civil subpoenas and discovery requests, to protect the interests of the Site, our customers or others, and as otherwise permitted or required by law as regards to these special cases.
The Site seeks to use reasonable security measures to help protect against the loss, misuse and alteration of personally identifiable information that is under our control. While no security system, or system of transmitting data over the Internet, can be guaranteed to be 100% secure, we seek to protect your personally identifiable information through several sources. First, all personal information is encrypted within our databases. Second, customer credit card numbers are not visible in their entirety (1111 x x x x x x x 1111). Third, we use a security monitoring company named Trustwave. Trustwave is approved by Visa™ and Mastercard™ for assuring them that data is being handled securely. We cannot guarantee the means by which information is transmitted between your computer and the Site servers, or any information provided to us or to any third party through or in connection with the Site. You provide all such information at your own risk, but please remember that these risks can be minimized by using responsible browsing habits such as the use of anti-virus software and similar protection measures.
If you have signed up for an account with the Site, you may update your mailing address, email address, name changes or telephone number by clicking “my account” located at the top of the page. This takes you to a page with your account information and preferences. Please take the time to make sure your information is accurate for timely delivery as well as keeping your mailing preferences updated.
If you have any questions about this Policy, the data collection and usage practices of this Site, or your dealings with this Site, or if you wish to report a violation of this Policy, you can contact us.
By placing an order, you will NOT be automatically subscribed to our newsletter program. If you would like to receive our newsletters and/or promotional communications, you may do so at check out or through managing your email preferences in My Account. Your information is secure and confidential and will not be sold or shared with any 3rd parties except as necessary to fulfill your order.
OPT-IN LEARN MORE: QUESTIONS AND ANSWERS
What type of emails will I receive from the Site?
Exclusives, Sales & Special Offers, Newsletters: Get the scoop on promotional events, email exclusive discounts and more.
I signed up, so why am I not receiving emails from the Site in my personal inbox?
First, make sure your email address is correct in your account profile. Next, Emails from us may be going to your spam collection. Please add [email protected] to your email address book.
If I uncheck the box will I still receive emails from the Site?
You will no longer receive any type of marketing or promotional emails, however, for every purchase you make you may receive the following types of emails: Order Updates & Confirmations and Online Shipping Confirmations.
How do I opt out of emails from the Site?
If you provide our website with your email address, you may receive emails from us. If you do not want to receive marketing or promotional emails from us, please click on the unsubscribe link in an email from the Site or update your email preferences in My Account.
If I have an online account, how do I change my email address on the site?
If you have a website account and wish to update your email address, please enter your changes in My Account.
Can I create an online account and not receive marketing or promotional emails from the Site?
Yes. After setting up an account, you can log in and set your preference to not receive promotional emails.
If you have any concerns regarding your use of the Site, please see our Customer Support Page.
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