Tumzy is an online marketplace comprised of individual sellers (“shops” or “stores”) that are offering their products to consumers. Each seller/shop owner has the responsibility to specify their shop policies and comply with the law and our marketplace policies in order to continue selling in the marketplace platform. By browsing, shopping or selling on Tumzy you are agreeing to our set Terms of Use. Tumzy reserves the right to update the Terms of Use.

Customers purchasing from a third party shop on the Tumzy marketplace constitute an agreement between the shop owner and the customer and the customer should be aware of the shops policy for returns and exchanges.

Tumzy.com reserves the right to disable specific listings or entire shop accounts if we believe that the shop owner is violating any terms of use including our prohibited content policy, intellectual property policy, prohibited product policy or for any other reason at the discretion of Tumzy.

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Shrouded Submission, LLC (“Tumzy”, “Tumzy”, “we”, “us”, or “our”), concerning your access to and use of the https://Tumzy.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in Oregon, United States and have our registered office at NEED REGISTERED AGENT INFO HERE You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms of use or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

TABLE OF CONTENTS

1. INTELLECTUAL PROPERTY RIGHTS
2. USER REPRESENTATIONS
3. USER REGISTRATION
4. PERMITTED PRODUCTS & CONTENT FOR THIRD PARTY SELLERS
5. PURCHASES AND PAYMENT
6. RETURN POLICY
7. PROHIBITED ACTIVITIES
8. USER GENERATED CONTRIBUTIONS
9. SALES TAX COLLECTION & REPORTING
10. CONTRIBUTION LICENSE
11. GUIDELINES FOR REVIEWS
12. SUBMISSIONS
13. SITE MANAGEMENT
14. PRIVACY POLICY
15. TERM AND TERMINATION
16. MODIFICATIONS AND INTERRUPTIONS
17. GOVERNING LAW
18. DISPUTE RESOLUTION
19. CORRECTIONS
20. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
21. LIMITATIONS OF LIABILITY
22. INDEMNIFICATION
23. USER DATA
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
25. CALIFORNIA USERS AND RESIDENTS
26. MISCELLANEOUS
27. CONTACT US

1. INTELLECTUAL PROPERTY RIGHTS [back to top]

Shop owners are responsible for ensuring that all content they are selling and/or portraying on the platform comply with all intellectual property laws and to ensure that their products and content are not infringing or violating any third party’s intellectual property rights.

Tumzy reserves the right to disable specific listings or entire shop accounts if we believe that the shop owner is violating any terms of use including our prohibited content policy, intellectual property policy or prohibited product policy.

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

To submit a report for suspected intellectual property violations including DMCA violations by a shop owner please send an email to info@Tumzy.com with the relevant information and screenshots.

2. USER REPRESENTATIONS [back to top]

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

By using or registering on the Website, or purchasing from the Website, you certify to us that:

• You have reached the age of majority in your jurisdiction and that you have the legal capacity to agree to these terms;
• You are not violating any local laws, rules, or regulations applicable to you by using or purchasing anything from the Website.  You solely are responsible for complying with any applicable local laws pertaining to your use of the Website.  By using the Website you represent and warrant that it is lawful to use the Website and purchase any products from the Website in your local jurisdiction.
• You will not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, us, or yourself, by purchasing from this Website. 
• You are aware that this Website displays graphic images of sex toys, sexual aids and other novelties intended for intimate pleasure, and that you are not offended by content of this nature.
• You are aware that there may be pornographic content available on the Website and that you are not offended by content of this nature. Pornographic content may include nudity, adult language, and heterosexual, homosexual, bisexual and/or transsexual sexual activity, bondage, BDSM, use of sex toys and sexual aids, and other sexual activities (“Pornographic Content”);
• You are familiar with your jurisdiction’s laws affecting your right to access pornographic materials and sex toys;
• According to your jurisdiction’s laws, you have the legal right to access pornographic materials and we have the legal right to transmit them to you;
• You are voluntarily choosing to browse and/or purchase sex toys, sexual aids and/or other novelties for your own private enjoyment; and
• You will not share this Website with a minor or otherwise make it available to anyone that is a minor.

3. USER REGISTRATION [back to top]

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

4. GUIDELINES FOR PRODUCTS & CONTENT  [back to top]

Policy on Selling Items on Our Platform

At Tumzy, we are dedicated to supporting genuine artisans and creators. To ensure the integrity of our platform and provide a unique shopping experience for our customers, we have established the following guidelines for opening and operating a shop on Tumzy:

Shop Criteria:

• Handmade: Items must be completely handmade by you or someone from your shop.
• Original Design or Formula: You or someone from your shop must have created the design, which is produced by hand or batch production exclusively for you. Reselling items purchased wholesale or through platforms like AliExpress or Temu is prohibited. Products must be warehoused and fulfilled by you or a designated warehouse, not drop shipped by a third party.
• Customized: Generic items are allowed if you offer unique customizations. For example, selling candles with custom printed labels or shirts and stickers with specific images or text designed and produced by you or your shop. 

1. No Reselling of Wholesale or Third-Party Products:
   • Sellers are not permitted to list items that they are purchasing or dropshipping from wholesale distributors or other third-party eCommerce platforms and portraying as their own creation.
   • All items sold on our platform must be original creations by the seller. Reselling mass-produced or commercially available items as handmade or unique is strictly prohibited.
2. Print-on-Demand Products Prohibited:
   • Print-on-Demand products are not allowed to be sold on the platform. This includes any items that are printed or produced on demand through third-party services.
3. Authenticity and Transparency:
   • Sellers must accurately represent their items, including materials used and the process of creation.
   • Misleading descriptions or false claims about the origin or creation of items will result in removal of listings and potential suspension of seller accounts.
4. Commitment to Quality:
   • Our platform is dedicated to showcasing high-quality, handcrafted items. Sellers must ensure that their products meet these standards.
   • Items that do not meet our quality guidelines or that violate this policy will be removed from the platform.
5. Additional Restrictions:
   • You cannot sell used items, including previously worn clothing.
   • You cannot sell or offer services, including sexual, escort, massage, or webcam services.
   • You cannot sell content offered through digital downloads
   • You cannot sell any products with medical or health claims.
   • You cannot sell or display tobacco, nicotine, alcohol, narcotics, etc.
   • You cannot sell or display weapons.
   • You cannot display nudity that shows the genitals or anus of a human or animal
   • You cannot display or sell items that portray offensive, hurtful, or discriminatory content, or that promote criminal activities such as rape, incest, underage sexual activity, bestiality, necrophilia, etc.
   • You cannot display items associated with adult baby fetishes, including diapers, pacifiers, baby blankets, or any other items marketed for this specific kink.
6. Platform Discretion:
   • Tumzy reserves the right to restrict a product listing for any reason, including but not limited to, products deemed unsafe, inauthentic, or inappropriate for the platform.

ADDITIONAL GUIDELINES FOR ARTISTIC CONTENT ON TUMZY

1. Artistic Integrity:
   • Artworks should be created with an emphasis on artistic value and integrity.
   • Content that appears to be pornographic or solely intended for sexual gratification will not be permitted.
2. Context and Presentation:
   • Artworks should be presented in a tasteful manner that respects the diverse sensibilities of our community.
   • Context matters; educational, historical, or classical artworks that feature nudity are often more acceptable when properly framed within their intended context.
3. Prohibited Content:
   • Any depiction of sexual organs in a state of arousal.
   • Any form of sexual acts, explicit or implied, within the artwork.
   • Content that is exploitative, demeaning, or intended to shock or offend.
   • Displaying any person under the age of 18, or an image of someone portraying an underage person or in a child-themed setting.
   • Selling or displaying any pictures, images, or videos depicting any sexual act, including the use of a sex toy on oneself or another, as well as any sexual act on an animal.
   • Selling or displaying any offensive, hurtful, or discriminatory images or products that portray these characteristics or that promote criminal activity, such as rape, incest, underage sexual activity, bestiality, necrophilia, etc.
   • Selling or displaying any items associated with adult baby fetishes, including diapers, pacifiers, baby blankets, or any other items marketed for this specific kink.

Tumzy.com reserves the right to deactivate seller accounts that do not follow all of our terms of use.

5. PURCHASES AND PAYMENT [back to top]

The marketplace platform will accept the following forms of payment:

• PayPal payments, Venmo payments & credit card payments through PayPal.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees as they are presented on the product listing, and you authorize Tumzy to charge your chosen payment provider for any such amounts upon placing your order. Shops may change listing prices at any time. All payments shall be in U.S. dollars.

Tumzy and the third party sellers reserve the right to refuse any order placed through the Site. Tumzy and its sellers may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by fraudulent means or by parties we suspect of being under the approved age for purchasing from the market which is 18 years old.

Sellers will link a PayPal account to their store for order payments. Upon a customer order, PayPal will deposit the payment into the sellers account minus the Platform Fees & PayPal Transaction Fees which are specified below.

There are no fees for listing products on Tumzy.

Platform Fees: 10% of sales amount only

.

Transaction Fees: Transaction fees (PayPal or Stripe) are 3.49% + $.49.

Transaction fees are calculated based on the total sales amount including shipping charged to the customer. *International sellers have additional foreign conversion fees applicable. See PayPal or Stripe for exact foreign conversion fees per specific location which can vary from 2%-5% with PayPal and 0.25%-1%  with Stripe. Countries where PayPal and Stripe Connect are not accepted e.g. Ukraine will not have the PayPal or Stripe conversion fees but will be sent payment through Payoneer and be subject to a 1% transaction fee. 

6. RETURN POLICY [back to top]

Return policies are set by each individual shop/seller on the Tumzy platform. Please refer to the return policy for each product listing set by the individual seller.

7. PROHIBITED ACTIVITIES [back to top]

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
5. Use any information obtained from the Site in order to harass, abuse, or harm another person.
6. Make improper use of our support services or submit false reports of abuse or misconduct.
7. Use the Site in a manner inconsistent with any applicable laws or regulations.
8. Engage in unauthorized framing of or linking to the Site.
9. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
10. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
11. Delete the copyright or other proprietary rights notice from any Content.
12. Attempt to impersonate another user or person or use the username of another user.
13. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
14. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
17. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
18. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
19. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
20. Use a buying agent or purchasing agent to make purchases on the Site.
21. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
22. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

8. USER GENERATED CONTRIBUTIONS [back to top]

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and the Marketplace Offerings and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

By posting Your Content or product listing information, images or video content, you grant Tumzy worldwide, royalty-free permission to display, edit, resize, reproduce and distribute your content for enhanced shopper experience through different platforms (mobile and desktop) as well as through third-party website or advertising medium for increased exposure to Tumzy.

When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
• You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
• Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and the Marketplace Offerings.

9. SALES TAX COLLECTION & REPORTING [back to top]

Tumzy follows US State enacted marketplace facilitator laws and will automatically calculate, charge and file sales tax to purchases made from customers in the following states: Arkansas, California, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Nebraska, Nevada, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Dakota, Tennessee, Texas, Utah, Vermont, Washington, West Virginia, Wisconsin, Wyoming.

If you are located in a state not mentioned above you assume responsibility for using the tax settings on your shop to collect and remit the appropriate amount of sales tax in your jurisdiction.

Tumzy can’t provide tax advice and each shop is responsible to research and follow the sales tax laws about collecting and reporting sales tax based on your location. It is recommended that you consult an accountant or other tax expert in your location to ensure you are following regulations.

10. CONTRIBUTION LICENSE [back to top]

By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

11. GUIDELINES FOR REVIEWS [back to top]

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

12. SUBMISSIONS [back to top]

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

13. SITE MANAGEMENT [back to top]

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.

14. PRIVACY POLICY [back to top]

We care about data privacy and security. Please review our Privacy Policy. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site and the Marketplace Offerings are hosted in the United States. If you access the Site or the Marketplace Offerings from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

15. TERM AND TERMINATION [back to top]

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

16. MODIFICATIONS AND INTERRUPTIONS [back to top]

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.

We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

17. GOVERNING LAW [back to top]

These Terms of Use and your use of the Site and the Marketplace Offerings are governed by and construed in accordance with the laws of the State of Oregon applicable to agreements made and to be entirely performed within the State of Oregon, without regard to its conflict of law principles.

18. DISPUTE RESOLUTION [back to top]

Customers with issues on products received are encouraged to reach out to the seller directly to try to come up with a resolution agreed upon by both parties. In the event that a customer is unsatisfied with the resolution offered by the seller or the seller is not communicating with the buyer within 3 business days, the buyer should email support@Tumzy.com and open a case. Opened cases will be reviewed by Tumzy who can intercede with discussions between the seller and buyer to ensure that the sellers policies are being followed and depending on the situation Tumzy may decide to issue a refund to the customer. Tumzy may also recommend the customer reach out to PayPal for a refund or to open a case if the customer is not satisfied with any resolution offered by the seller or if the seller is unresponsive to the customer complaints with 3 business days.  

If a buyer has already filed a chargeback with their credit card company, they are unable to also open a case with Tumzy at the same time.

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Broward, Oregon, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

19. CORRECTIONS [back to top]

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice. 

Terms of Service may be updated from time to time which may include editing or deleting existing terms or adding completely new terms. We will do our best to inform users and sellers in advance by posting notifications and/or sending email notifications. Your use of the platform after the effective date of the changes constitutes your acceptance of the updated Terms of Service. If you do not agree with the current Terms of Service please contact us to close your account. 

20. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY [back to top]

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. TO THE FULL EXTENT PERMISSIBLE BY LAW, TUMZY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PRODUCT, OR FROM ANY INFORMATION, CONTENT, MATERIALS MADE AVAILABLE TO YOU THROUGH ANY TUMZY PRODUCT LISTING, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 
ALL ITEMS FOR BONDAGE, STIMULATION OR ANY OTHER PRODUCT CATEGORY ARE FOR ENTERTAINMENT PURPOSES AND SHOULD ONLY BE USED WITH CONSENSUAL PARTNERS DURING LAWFUL ACTIVITIES. CAUTION MUST ALWAYS BE USED AND CUSTOMERS PURCHASING FROM SHROUDED SUBMISSION, LLC AND ANY ITEMS FROM ITS LISTED SHOPS ASSUME ANY AND ALL RISKS ASSOCIATED WITH PRODUCTS PURCHASED AND WILL NOT HOLD SHROUDED SUBMISSION, LLC OR ITS LISTED SHOPS RESPONSIBLE FOR ANY INJURY OR DEATH RESULTING FROM PRODUCTS PURCHASED.  EDUCATIONAL CONTENT LISTED ON THE WEBSITE, BLOG OR SOCIAL MEDIA IS FOR INFORMATIONAL PURPOSES ONLY AND NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. MEDICAL ADVICE FROM A CERTIFIED MEDICAL PROFESSIONAL SHOULD BE OBTAINED PRIOR TO PARTICIPATING IN ANY SEXUAL ACTS OR EXTREME ACTS OF EXERTION AND SHROUDED SUBMISSION, LLC IS NOT RESPONSIBLE FOR ANY INJURY OR DEATH RESULTING FROM THE USE OF ANY PRODUCTS PURCHASED FROM TUMZY.MARKET. 

21. LIMITATIONS OF LIABILITY [back to top]

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING . CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

22. INDEMNIFICATION [back to top]

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Shrouded Submission, LLC provides a platform for independent sellers to sell their products online and Shrouded Submission, LLC cannot provide any warranty with respect to the quality of the products, the safety that they offer, and their legality. Any claim of an item should be directed towards the seller. By purchasing on the platform you agree to release Shrouded Submission, LLC from any claims related to a product’s defectiveness, misinformation, or physical injury caused by any item sold on the platform by a third-party shop.

23. USER DATA [back to top]

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES [back to top]

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

25. CALIFORNIA USERS AND RESIDENTS [back to top]

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

26. MISCELLANEOUS [back to top]

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

27. CONTACT US [back to top]

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: info@Tumzy.com or by mail: Shrouded Submission 2034 Columbia Blvd – PMB237 – Saint Helens, OR 97051