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Terms & Conditions

Last updated: Last updated: March 17, 2015

This website and any other Hanky Panky®-branded sites or properties (collectively, the “Site”) are operated by Hanky Panky Ltd. ("Hanky Panky", “we”, “us” and “our”).  Please read the Terms of Use carefully before using the Site, accessing the Services, or purchasing any Products (defined below). BY ACCESSING AND USING THE SITE AND USING THE SERVICES OFFERED ON THIS SITE (THE “SERVICES”), YOU AGREE TO BE BOUND BY THESE TERMS OF USE.  If you do not agree to these Terms of Use, then close the Site and do not use any of the Services. 

 

License to Use the Site and Services

Hanky Panky grants you a limited, personal, non-exclusive, non-transferable and revocable right to use the Site, the Services, and the features that we expressly make available to you.  You may only use the Site and Services in connection with the purposes for which we provide them to you.  You agree that all features of the Site or Services may not work well or at all on any particular device or computer, and we will have no liability to you for any errors or access failures.

It shall be deemed a violation of this license and these Terms of Use to engage in fraudulent or misleading activity while using the Site or Services (for example, by using false names, multiple identities, multiple email accounts or addresses, impersonating another person, or otherwise providing false or misleading information), especially if the activity violates applicable laws or is harmful to Hanky Panky’s interests.

You may only use the Site and Services if you are at least 18 years of age.  If you are not at least 18 years of age, we may delete your account and orders, suspend your use of the Site, and take any other action available to us.

The Site and Services are not intended for children and do not contain any content created for children.  You agree to never send us the personal information of any child under 13 years of age, and you shall indemnify and defend us (including reimbursing our attorney’s fees) if we incur any risk or liability if you violate this promise. 

 

Member Account and Login

Much of our Site and Services are accessible to the general public.  But some areas of the Site, certain Services, and other features and functionality may require you to create an account with Hanky Panky.  In order to create an account with us, you must be at least 18 years of age, capable of forming a binding contract with us where you reside, and not barred from using our Site or the Services under applicable law.  All information you provide during account registration will be subject to our Privacy Policy, and by providing it, you agree that we may collect your personal information.  You represent that the information you provide us is accurate and that you will keep it up to date.  You are solely responsible for creating unique and secure login details, including a password with sufficient complexity that it cannot be easily guessed, hacked or cracked, and safeguarding your login details.  You are responsible for all usage or activity of the Site or Services under your account, and you may not provide your login information to any third party.  Hanky Panky shall not be liable for any activity or harm caused by the theft, misappropriation, or unauthorized use of your login information.  Contact us immediately if you suspect unauthorized use of your account.

 

Products, Orders, Prohibition on Reselling, and Price

Our Site and Services allow you to purchase clothes and other products from Hanky Panky and to interact with us in various ways.  We make every effort to present accurate and reliable information on our Site and Services, and we take efforts to ensure that products are accurately portrayed online, including colors and style.  We cannot guarantee that your computer’s display of any color will be accurate, so where possible please view our products in stores to confirm that they are suitable for you.   On occasion there may be typos, errors, inaccuracies or omissions about products on our Site.  We reserve the right to amend errors and update product information at any time. 

All prices are retail prices quoted in U.S. dollars, are intended to be valid and effective only in the United States, and do not include taxes or applicable shipping and handling charges.  By submitting an order through the Site or Services, you agree to pay in advance the price of the ordered product(s), plus applicable taxes, shipping and handling, and other charges communicated to you.  A valid credit card or other payment method with authorization for us to use it is required to make a payment and complete your purchase.  In the event a product is inadvertently listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account. Please review additional order information through your Customer Account.

All orders are subject to acceptance by Hanky Panky, and confirmation of your order will be provided to you.  Nothing on the Site, in the Services or information presented therein shall be deemed to constitute a binding offer to sell products described on the Site. We reserve the right at any time after receipt of your order to accept or decline your order or any portion thereof, in our sole discretion and for any reason, even after your receipt of an order confirmation or after your credit card has been charged.  We may in our sole discretion limit or cancel quantities purchased per person, household or order.  Such restrictions may be per account, payment method, email address, or billing or shipping address.

If more than one shipping method is available, then you may choose the method of shipment and general timing of delivery as made available by the carriers we use, and you will be charged shipping and handling charges based on your choice. Hanky Panky is not responsible for deliveries that are delayed due to events that are beyond our control.

You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site.  We may cancel without notice any orders that appear to be placed by dealers, resellers or distributors.  

Certain products are available exclusively online through the Site. These products may have limited quantities and may be subject to return or exchange only through the Site according to the applicable return policy.  Unless otherwise noted, all product purchases are subject to our Returns & Exchanges Policy.

Panky Points Rewards Program

If you sign up for our Panky Points rewards program, your participation will be subject to the additional terms provided at Panky Points Program Terms, as may be updated from time to time.

Personal Information

Please review our Privacy Policy, which governs the use of personal and identifying information on our site. These Terms of Use incorporate by reference the terms and conditions of the Privacy Policy.

Notifications, Alerts and Mobile Messaging

You may receive notifications, alerts, emails, text messages, or other types of messages regarding the Services.  These may include order confirmations and status, shipment confirmations, and tracking and delivery information, which are not subject to opt-out although we may permit you to choose the manner in which we communicate these to you.  We may also email you promotional or marketing materials.  You may opt out using the process described in the Privacy Policy.  The Privacy Policy governs how we use your contact information and may provide you with additional rights and information.  California residents should review the California-specific disclosures and information in the Privacy Policy. 

If you provide us with your mobile phone number and do not opt out of receiving marketing text messages, then this action constitutes your prior written consent to receive autodialed, prerecorded voice and/or artificial voice marketing messages from us to the telephone number that you provided. Message frequency may vary. Message and data rates may apply.  Hanky Panky does not require your consent for mobile message marketing as a condition of purchasing any of our goods or services. In the event that you change or deactivate your mobile number, it is your responsibility to call Hanky Panky at 1-877-447-4811 to have your prior number removed. The mobile carriers are not liable for delayed or undelivered messages.

To join Hanky Panky mobile marketing, text advertised keyword such as HANKY to 88348 for promotional alerts.  For help, text HELP to 88348, or call 1-877-447-4811 for assistance.  To opt out, text STOP to 88348.

Site Content; Trademarks and Branding

All content on this Site (including without limitation, text, design, pictures, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Hanky Panky and/or its content providers and is protected by copyright, trademark and other applicable laws. The Site and its contents are intended solely for your personal, non-commercial use. No right, title or interest in any viewed, copied or downloaded content is transferred to you as a result of any such viewing, copying or downloading. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way the Site or any of its contents except as expressly permitted by these Terms of Use. Unless otherwise specified, the site and its contents are intended to promote our products and services available in the United States.

Trademarks, logos, and service marks displayed on this Site are registered and unregistered trademarks of Hanky Panky and/or our content providers, or other third parties and are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission.

 

Third Party Content, Services and Links.

The Site and Services may (1) enable your access to websites, platforms or services (including social media platforms) created or provided by third parties, (2) display or otherwise make available content, data, information, applications, advertisements or materials from third parties, and (3) provide hyperlinks to certain third party web sites (“Third Party Materials”). Third Party Materials are provided solely as a convenience to you and you are subject to any specific terms and conditions under which they are provided.  Hanky Panky does not create, endorse, warrant, guarantee, sponsor, recommend, suggest, or have any responsibility for any Third Party Materials or any products or services depicted therein. Hanky Panky makes no warranties of any kind regarding any non-Hanky Panky sites to which you may be directed or hyperlinked from this Site.  Hyperlinks are included solely for your convenience, and Hanky Panky makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided on such non-Hanky Panky sites. 

You acknowledge and agree that Hanky Panky is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, language availability, appropriateness, availability or any other aspect of such Third Party Materials or any statements made therein.  Be aware of and read all third party terms and privacy policies whenever you leave the Site. 

Although Hanky Panky does not intend for the Site or Services to contain or display objectionable content, you understand and acknowledge that by using any of the Site, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Site at your sole risk and that Hanky Panky shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

 

User-Provided Content and Materials

Feedback, User Comments, and Social Media Posts

If you choose to provide us any feedback, comments or suggestions for improvement (“Comments”), then you hereby grant and agree to grant Hanky Panky a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under all your rights in the Comments, for us to Use (defined below under Creative Submissions) all such Comments.  You agree that Comments are deemed non-confidential and non-proprietary.

Comments shall include any review, comments or content that you post to any social media or business review sites or pages that are associated with Hanky Panky or in any posts that tag or refer to Hanky Panky or any of our brands or products online, including using hashtags or our social media handles (“Social Media Posts”).  You agree that Hanky Panky and our service providers may collect Social Media Posts for any uses permitted by law and our contractual obligations, and Hanky Panky will have no liability to you for use of any Comments including Social Media Posts.  Hanky Panky reserves the right to monitor and edit or remove any Comments on our Site or our official social media properties, without any liability or obligations to you.

By using the Site and Services, you agree not to submit any Comments that (a) are false, fraudulent, inaccurate, misleading, or engage in any schemes, (b) violate any law, (c) violate the rights of others, including intellectual property, publicity and privacy rights, (d) are obscene, indecent, pornographic or otherwise objectionable, (e) are derogatory, threatening, defamatory, harassing, abusive, hateful, or embarrassing to any person, (f) victimize or degrades any individual or group on the basis of protected characteristics, (g) threaten violence, (h) advertise third party products, (i) impersonate others, or (j) are intended to cause damage, harm or interference.

 

Creative Submissions

Other than Comments and Social Media Posts handled above, Hanky Panky's longstanding company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, layouts, designs, pictures, videos, recordings or other creative or potentially commercial materials (“Creative Submissions”), other than those we have specifically requested in writing.  We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Hanky Panky's employees and agents might appear similar to users’ unsolicited Creative Submissions. Accordingly, while we value your feedback, we ask that you do not send us any Creative Submissions, and you agree not to sue Hanky Panky or any of our affiliates or personnel on the basis of any apparent similarity to your unsolicited Creative Submissions. We may delete or destroy any Creative Submissions immediately with no liability to you, and you agree that you waive any and all claims against Hanky Panky or any of our employees or other personnel that relate in any way to any Creative Submissions that you send us.

Unless otherwise agreed in writing, for Creative Submissions, including contest entries and product reviews, that you send, transmit or communicate to Hanky Panky in any manner in response to a solicitation or request, you hereby grant and agree to grant to Hanky Panky a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under your rights in the Creative Submissions to use, edit, modify, create derivative works based upon, publicly display, publicly perform, distribute, syndicate, translate, and otherwise use or exploit for any purpose (collectively, “Use”) the Creative Submissions.  The foregoing license is without any restriction, liability, duty or obligation to you, and you agree that Hanky Panky is not and shall not be under any obligation to (1) maintain any Creative Submissions in confidence; (2) pay compensation for any Creative Submissions; (3) notify you of any use of your Creative Submissions or seek your approval for any such use; or (4) respond to any Creative Submissions.

 

General Terms for User-Provided Materials

You agree and represent that all Comments and Creative Submissions that you submit to us are your original works of authorship and creation, and that such materials do not and will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right, if used in any manner permitted by these Terms of Use.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Hanky Panky or third parties as to the origin of any Comments or Creative Submissions. You are solely responsible for any Comments or Creative Submissions you make or provide and their accuracy. Hanky Panky takes no responsibility and assumes no liability for any Comments posted by your or any third party.

 

Restrictions

You shall not do any of the following, which are all deemed material breaches of these Terms of Use and of your license to use the Site and Services:  (1) distribute or make the Site available over a network where it could be used by multiple devices at the same time; (2) access parts of the Site that you are not authorized to access, or attempt to circumvent restrictions imposed on your use or access of the Site; (3) rent, lease, lend, sell, sublicense, reproduce in whole or part, act as a service bureau, grant rights in the Site, or otherwise redistribute or use our Site or content in a manner that would substitute for the Site and our offerings; (4) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Site, any updates, or any part thereof; (5) intercept, examine or otherwise observe any proprietary communications protocol used by the Site, whether through the use of a network analyzer, packet sniffer or other device; (6) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse routing, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble the Site; (7) use the Site to institute, assist, or become involved in any type of attack, including denial of service attacks, upon any party; (8) commit trespass or act in a manner that intentionally burdens network capacity; (9) use or attempt to use the Site in any manner to harass, abuse, stalk, threaten, defame, harm, or infringe or violate the rights of any other party; (10) provide us sensor data (such as microphone, camera, fitness or other data) that you are not authorized to provide; (11) impersonate any other person or entity when using the Site; or (12) create any apps, extensions or other products or services that use our content without our permission.

Any attempt to do any of the foregoing is a breach of these Terms of Use and will subject you to all remedies available to us, our service providers and our licensors under the law.  Without limitation, this may include contract breach, intellectual property infringement, and computer fraud and abuse.  If you breach any of these restrictions, you may be subject to prosecution and damages.

 

Suspension; Termination.

Hanky Panky reserves the right to change, suspend, remove, disable or terminate access to the Site and Services at any time without notice, for any or no reason, and with no liability or responsibility to you. We may also impose limits on the use of or access to the Site, in any case and without notice or liability.  These Terms and your license to use the Site are effective until terminated by you or Hanky Panky. You may terminate your agreement with these Terms of Use and your obligations hereunder by ceasing all use of the Site and Services.  If you fail to comply at all times with these Terms, your license to use the Site will terminate automatically. Any continued use after termination may expose you to legal liability and damages, which Hanky Panky may pursue to the fullest extent permitted by law, including the pursuit of money damages or injunctive relief at our discretion.  Upon any termination of the license, you shall cease all use of the Site and Services.

 

Accuracy, Completeness and Timeliness of Information on This Site

All information provided on the Site and Services is provided as-is.  We are not responsible if information made available on this Site is not accurate, complete, useful or current.   We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.

 

DISCLAIMERS

Your use of this site is at your sole risk, and you acknowledge and agree that you assume all responsibility for your use of the site and services. The site is provided on an “as is”, “as available” and “with all faults” basis.  Hanky Panky expressly disclaims all warranties of any kind, whether expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the site are noninfringing, as well as warranties implied from a course of performance or course of dealing, that access to the site will be uninterrupted or error-free, that the site will be secure, that the site or the server that makes the site available will be virus-free, or that information on the site will be complete, accurate or timely. You assume all risk of using the internet for online communications, including the risk that any data or information you send or receive during your use of the site and services may not be secure and may be intercepted and used by unauthorized parties. If you download any materials from this site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information whether oral or written, obtained by you from Hanky Panky or through or from the site shall create any warranty of any kind. Hanky Panky does not make any warranties or representations regarding the use of the materials on this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

In certain jurisdictions, the law may not permit the disclaimer of warranties, so portions of the above disclaimer may not apply to you.

 

LIMITATION OF LIABILITY

The site and services are made available to you at no charge. Neither Hanky Panky nor its affiliates, directors, officers, employees, contractors, agents, other personnel, suppliers, or third party content providers (the “Hanky Panky parties”) will be liable to you or any other party for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to (1) the site, the services, or any other site you access through a link from this site, (2) any actions we take or fail to take as a result of communications you send to us, (3) the delay or inability to use the site, (4) any information, products, or services advertised in or obtained through the site, (5) Hanky Panky’s removal or deletion of any materials submitted or posted on its site, or (5) any other damages otherwise arising out of the use of the site, whether based on contract, tort, strict liability or otherwise, even if a Hanky Panky party has been advised of the possibility of damages. This limitation of liability applies, without limitation, to any and all damages and injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication on-line failure, network or system outage, your loss of profits or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that no Hanky Panky party shall be liable for any defamatory, offensive or illegal conduct of any user of the site. Your sole and exclusive remedy for any of the above claims or any dispute with Hanky Panky is to discontinue your use of the site and services. You and Hanky Panky agree that any cause of action arising out of or related to the site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred. Because some jurisdictions do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the above limitation may not apply to you. If all direct liability cannot lawfully be disclaimed in your jurisdiction, then our cumulative liability shall be capped at fifty u.S. Dollars ($50.00).

 

Indemnification

You agree to indemnify, defend and hold harmless the Hanky Panky Parties from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorney’s fees and court costs, arising or resulting from your use of the Site and Services and any violation of these Terms of Use. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorney’s fees and court costs, arising or resulting from that disruption. Hanky Panky reserves the right, at your expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and in such case, you agree to cooperate with Hanky Panky in the defense of such matter.

 

Jurisdiction and Applicable Law

The laws of the State of New York govern these Terms of Use and your use of the site, and you irrevocably consent to the exclusive jurisdiction of the courts located in the County of New York for any action arising out of or relating to these Terms of Use, regardless of the physical location from which you access the Site or Services.  If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, then you may not use the Site. You are responsible for your own compliance with all laws that apply to you.

 

Copyright Complaints: Notice and Takedown

Hanky Panky respects the intellectual property of others and it is our policy to respond to claims of copyright infringement as required by the Digital Millennium Copyright Act ("DMCA"). We may terminate access for subscribers and account holders who are repeat infringers.  We shall not be liable or responsible for any content removed or deleted due to our compliance with the DMCA.

 

Notifying Hanky Panky of Copyright Infringement

If you believe that any user-provided content on the Site or accessible through our Services infringe your copyright, you may request removal of those materials by sending us a notice to our Designated Agent at copyrightagent@HankyPanky.com with the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has 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.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you materially misrepresent any fact in your notice, you may be liable for damages (including costs and attorney’s fees) and other penalties under applicable law.

 

Responding with a Counter Notification

If we remove or disable access to content in response to a DMCA Notice, we may contact the author of the disputed material, who shall have an opportunity to provide Hanky Panky with a counter notification by written communication to copyrightagent@HankyPanky.com that includes the following:

  1. A physical or electronic signature of the subscriber.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent any fact in the counter notification. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

 

Entire Agreement and Admissibility

These Terms of Use and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and Hanky Panky with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter, including any previous versions of these Terms of Use. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Revisions and Supplements

The Terms of Use may be updated from time to time, with the latest revision date indicated at the top of these Terms of Use. You should check the date of the Terms of Use and review any changes since the last version. By using the Site and Services after these Terms of Use are updated, you agree to all such revisions and modifications.

Depending on your use of the Services and Site, we reserve the right to present you with additional terms and conditions that will govern your use of those Services and areas of the Site.  Further, because the Services evolve over time as we update our offerings, we may change or discontinue the Site and services at any time, without liability or notice, in our sole discretion. 

 

Severability

If any provision of these Terms of Use is deemed unlawful, void or unenforceable, the remaining provisions will remain in effect.

 

Questions

If you have questions about these Terms of Use, please direct them to Legal@HankyPanky.com.