|Welcome to the Sex App Shop, run by Premier App Shop, LLC (“SAS” or “We” or “Us”) Website located at, and all references on a mobile device accessible at or referenced through www.sexappshop.com (the “Website”). Please review the following terms and conditions concerning your (“You” or “Your”) use of the Website. By accessing, using or downloading any materials (including but not limited to Sex Apps) from the Website, You agree to follow and be bound by these terms and conditions (the “Terms”). If you do not agree with these Terms, you may not use this Website or any applications or software originating therefrom.
Except where expressly provided otherwise, all applications or software (collectively “Content”) you download from the Sex App Shop constitutes an individual NON-TRANSFERABLE license to use said content for your personal use. You are expressly forbidden from transferring any rights to use the Content to other persons. You are NOT purchasing a copy of the Content, solely a license that is personal to You. As such, the first-sale doctrine does not apply. Forbidden activity includes, but is not limited to transferring your mobile device to another person and then reinstalling Content on another device. If you wish to transfer ownership in a mobile device containing SAS Content, you must delete any copies and all references to any Content licensed to You per these Terms. If you do not do so, then you may be liable for violation of Copyright law. Except where expressly provided otherwise, you are not buying a “copy” of the Content, solely the personal license enumerated herein. This personal license is only for personal non-commercial use. If you wish to use the Content commercially, you need to obtain a separate license from SAS. See the legal contact information, infra.
GENERAL USE PROVISIONS
All materials provided on this Website, including but not limited to information, documents, products, logos, graphics, sounds, images, software, Content, and services (“Materials”), are provided either by SAS or by its respective third party manufacturers, authors, developers and vendors (“Third Party Providers” or “TPPs”) and are the copyrighted work of SAS and/or its Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of SAS or the Third Party Provider. Also, you may not “mirror” any Materials contained on this Website on any other server without SAS’s prior express written permission.
Except where expressly provided otherwise by SAS, nothing on this Website or in the Sex App Shop (or anything accessible through the SAS) shall be construed to confer any license under any of SAS’s or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the “Legal Contact Information” section below if you have any questions about obtaining such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by SAS or its TPPs except as stated explicitly therein. SAS does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by SAS.
SAS hereby grants you permission solely to display and download Materials from this Website, provided that: (1) the use of such Materials is solely for use in accordance with these Terms and will not be copied or posted on any networked computer, broadcast in any media now known or hereafter devised, (2) the Materials are not modified in any way, and (3) the use or display of such Materials is lawful within your jurisdiction and does not constitute obscene content. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you shall immediately destroy any downloaded Materials.
Any unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. It is your obligation to comply with all applicable State, Federal and International laws.
LINKS TO THIRD PARTY SITES
This Website may contain links to websites controlled by parties other than SAS and has contact from TPP’s to which SAS has control. SAS is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. SAS and its Third Party Providers are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SAS of the linked website. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature and/or that they are correct and of a lawful nature. You can review our privacy practices at: www.sexappshop.com/privacy.php.
Except where expressly provided otherwise by SAS, all comments, feedback, information or materials submitted to SAS through or in association with this Website or the TPPs (“Submissions”) shall be considered non-confidential. While you may maintain the copyright to your Submissions, by providing such Submissions to SAS, you agree, at SAS’s option, to either (1) assign to SAS all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions, (2) grant an exclusive, nonrevocable, perpetual, assignable and transferrable, worldwide, license to SAS to use and license others to use, the intellectual property embodied in the Submissions in any way it deems fit, including but not limited to, making derivative works therefrom, or (3) grant a nonrevocable, perpetual, assignable and transferrable, worldwide, license to SAS to use and license others to use, the intellectual property embodied in the Submissions in any way it deems fit, including but not limited to, making derivative works therefrom, as consideration in exchange for the use of this Website. SAS shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not SAS, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright as well as compliance with all applicable rights privacy, publicity and attribution, as applicable, in all jurisdictions worldwide.
You agree that by submitting your credit card, SAS has authorization to charge it and You agree to pay for all Content and Materials which you purchase through the SAS and other SAS websites besides this Website. You also agree to allow SAS to store your credit card and related information so as to make it more convenient for You to use the SAS and other related SAS websites besides this Website, in the future. For your information, we charge as follows: “Daily memberships” (currently $.99) actually cost $4.95, which gives you access to the content for 5 days. After the initial 5 days, unless canceled, you will be charged $17.82. Daily Membership costs $17.82 for an 18-day period, and will be charged every 18 days until canceled, starting on the first day after the initial 5-day period. By agreeing to the “Daily membership”, you agree to these charges and agree that there are no refunds for Daily memberships. “Monthly memberships” (currently $17.99) charges $17.99 every month until canceled. By selecting "Monthly memberships, you agree to these charges and agree to our refund policy. “Yearly memberships” (currently $99.99) charges $99.99 every year until canceled. By selecting “Yearly memberships”, you agree to these charges agree to our refund policy. Regarding a refund on unused portions of the Monthly memberships or Yearly memberships, please see the Refund Section below.
LIMITATION OF LIABILITY
EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS HEREIN, TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EITHER PARTY OR A THIRD PARTY PROVIDER EXCEED $20 IN A DISPUTE WITH AN END-USER. IN THE EVENT OF A DISPUTE BETWEEN SAS AND A THIRD PARTY PROVIDER, SAS’S LIABILITY SHALL NOT EXCEED $20 BUT THE THIRD PARTY PROVIDER’S LIABILITY SHALL NOT BE LIMITED. IN NO EVENT SHALL SAS OR THE THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE WEBSITE OR ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER’S BREACH OF ANY CLAUSE OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO CLAIMS RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNITIES”.
REPRESENTATIONS AND WARRANTIES
Each party represents and warrants that it has the power and authority to enter into this Agreement. You represent that you are at or over the age of 18, that all Content or Materials You download are lawful in your jurisdiction, and You have legal capacity to enter into the agreement enumerated in these Terms.
You shall defend and indemnify SAS and its Third Party Providers against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) finally awarded against SAS or its Third Party Providers by a court of competent jurisdiction arising out of or in connection with a claim by a third party related to You. SAS shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Website or the Materials other than in accordance with this Agreement; (b) the combination of the Website and the Materials with any other products, services, or materials; or © any third party products, services, or materials.
You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with its use of the Materials, including without limitation those related to data privacy, international communications, driving safety and the exportation of technical or personal data or software from locations other than the location from which SAS controls and operates the Website. You will ensure that any use of the materials on your mobile device by you and any other person who uses your mobile device is in accordance with the terms of this Agreement.
If you have a recurring monthly membership account, and are unsatisfied with the SAS service, you may be eligible for a refund as follows: The maximum amount of refund shall be one month’s recurring charge (currently $17.99). You agree that you shall be liable for any content you download from the SAS service during the prior three months that you had your account before requesting a refund. As such, your refund amount shall be the portion of one month’s recurring charge, minus the retail cost of any apps you downloaded and/or Content you viewed during the prior three month period. You agree, that once downloaded/viewed, then you shall be liable for the retail cost of any apps if you decide to cancel your recurring membership. By way of example, if you downloaded/viewed 4 apps that retail for $0.99, and 2 apps that retail for $1.99 during this period, you shall be entitled to a refund of $11.05 [$17.99 – ($0.99 × 4) – ($1.99 × 2) = $11.05].
If you have a Yearly membership account, you agree that there are no refunds once the membership year has commenced. In regards to a renewal term, you must request cancellation before expiration of your current term. You agree that if you request cancellation after the beginning of a new term, then there shall be no refund and you shall pay for the full year at the retail price for a Yearly membership. If you have a Daily membership account, there are no refunds.
SAS may give notice by means of a general notice on the Website, electronic mail to Your e-mail address on record in SAS’s account information, or by written communication sent by first class mail or pre-paid post. Notice to you via electronic means shall be deemed to be effective immediately upon posting or delivery, whichever is first. You may give notice to SAS at any time by letter sent by confirmed facsimile to SAS, fax number 702-643 0777, or by letter delivered by registered mail with return receipt to SAS at the address set forth below. All notices to SAS shall be deemed to have been given three days after mailing or 24 hours after sending by confirmed facsimile or email. Furthermore, SAS complies with the Digital Millennium Copyright Act (“DMCA”). Any notices given pursuant to the DMCA shall be given to SAS’s designated agent Jason H. Fisher, via email at email@example.com or via registered US mail sent return receipt to DMCA Compliance Agent, Premier App Shop, LLC, 7500 W. Lake Mead Blvd., Las Vegas, Nevada 89129. SAS complies 18 USC 2257 record keeping requirements. All models, actors, actresses and other persons that appear in any visual depiction of actual sexually explicit conduct appearing or otherwise contained in this Website were over the age of eighteen years at the time of the creation of such depictions.
All other visual depictions displayed on this Website are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said visual depictions do not consist of depictions of conduct as specifically listed in 18 U.S.C section 2256, but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to 1990. Please contact the above referenced agent for 2257 compliance information and/or information regarding persons depicted on the Website.
2257 compliance information
Any action related to this Agreement will be governed by California law and controlling U.S. Federal law. No choice of law rules of any jurisdiction will apply. Any disputes, actions, claims or causes of action arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco, California and to arbitration as stated herein. At the request of SAS or You, any controversy or claim related to this Agreement (“Claim”) shall be resolved by arbitration in accordance with the Federal Arbitration Act (Title 9, U. S. Code) (the “Act”). The Act will apply even though this Agreement provides that it is governed by the laws of California. Arbitration proceedings will be determined in accordance with the Act, the rules and procedures for the arbitration of financial services disputes of JAMS/Endispute, LLC, a Delaware limited liability company or any successor thereof (“JAMS”), except that discovery in said arbitration shall be limited in scope to the specifics of liability on the Claim, and any discovery related to damages calculations or any financials shall be withheld until after liability has been decided by the arbitrator(s). In the event of any inconsistency between the JAMS rules and this paragraph, the terms of this paragraph shall control. The arbitration shall be administered by JAMS and conducted in Los Angeles, California. All Claims shall be determined by one arbitrator; however, if Claims exceed Five Million Dollars, upon the request of either SAS or You, the Claims shall be decided by three arbitrators. All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the arbitrator(s) shall be issued within thirty (30) days of the close of the hearing. However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional sixty (60) days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. The arbitrator(s) will have the authority to decide whether any Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on JAMS under applicable JAMS rules of a notice of Claim is the equivalent of the filing of a lawsuit. Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Agreement. This paragraph does not limit the right of SAS to: (i) exercise self-help remedies, such as but not limited to, setoff; (ii) initiate judicial or nonjudicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies.
This Agreement represents the Parties’ entire understanding relating to the use of the Website and supersedes any prior or contemporaneous, conflicting or additional, communications except as stated herein. SAS reserves the right to change these Terms or its policies relating to the Materials at any time, and such changes will be effective upon being posted herein. You agree to check these Terms on each day before use of the Website to confirm your continued agreement with these Terms. Your continued use of the Website after any such changes shall constitute Your consent to such changes. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between SAS and You as a result of these Terms or use of the Website. You may not assign this agreement without the prior written approval of SAS. Any purported assignment in violation of this section shall be void. SAS reserves the right to use Third Party Providers in the provision of the Materials hereunder. The failure of either party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. In the event of any litigation of any controversy or dispute arising out of or in connection with this Agreement, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any rights not expressly granted herein are reserved by SAS.
This Website may include inaccuracies or typographical errors. SAS and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Website at any time without notice. SAS may periodically make changes to the Website.
INTELLECTUAL PROPERTY NOTICES
Elements of the Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by SAS.
Sex App Shop, SAS, sexappshop.com, Sex App, Smiling Phone Logo, and/or other SAS identifiers referenced herein are trademarks of Premier App Shop, LLC, and may be registered in certain jurisdictions. Other product names, company names, marks, logos, and symbols may be trademarks of their respective owners.
Copyright © 2010 Premier App Shop, LLC dba SAS, 7500 W. Lake Mead Blvd., Suite 9-478 Las Vegas, Nevada 89128
LEGAL CONTACT INFORMATION
If you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact SAS at 702-349-7900 or firstname.lastname@example.org.