SINPARTY.COM PRESENTS PICTURES OF AND AUDIOVISUAL WORKS DEPICTING NUDE FEMALES AND MALES ENGAGING IN SEXUAL
YOU UNDERSTAND THAT BY
USING THIS SERVICE, AND BY MERELY ACCESSING THIS WEBSITE, YOU MAY BE
EXPOSED TO CONTENT THAT IS OFFENSIVE, INDECENT, OR OBJECTIONABLE. THEMATERIAL ON THIS WEBSITE/SERVER IS ADULT
AND/OR SEXUALLY EXPLICITAND IS RELATED TO MATERIAL OF AN ADULT NATURE. THE FOLLOWING DESCRIBESTHE TERMS UNDER WHICH
OFFERS YOU ACCESS TO ITS WEBSITE AND SERVICES.ACCESS IS MADE AVAILABLE ONLY TO THOSE WHO ACCEPT THE TERMS OF THE
YOU MUST BE AT LEAST 18 YEARS OLD TO ACCESS AND USE SAG’S WEBSITE AND SERVICES.
Subscription, End User License Agreement &Terms of Service
This Subscription, End User License Agreement &Terms of Service (the “Subscription Agreement”) is a
binding contract between you, an individual user ("you";) and SP APOLLO INTERNET LIMITED (No.
HE381896)., a Cyprus Corporation, with office at Archiepiskopou Makariou III 18B, Annnitas Complex, House 6,
Anafotia, 7573, Larnaca, Cyprus (“SAG”), governing your use of the Website and Service (defined in Section 2A, below).
BY ACCESSING THE WEBSITE AND/OR USING THE SERVICE, YOU AGREE THAT YOU HAVE
READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS SUBSCRIPTION AGREEMENT. IF
YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE SERVICE. CONTACT SAG AT
LEGAL@SINPARTY.COM. IF YOU WANT SAG TO SEND YOU A COPY OF THIS SUBSCRIPTION AGREEMENT AND SAG’S PRIVACY
Material Terms: As provided in greater detail in this Subscription Agreement (and without limiting the
express language of this Subscription Agreement), you acknowledge the following:
The Service is licensed, not sold to you, and that you may use the Service only as set forth in this
The use of the Service may be subject to separate third-party terms of service and fees, including, without
limitation, your mobile network operator’s terms of service and fees, including fees charged for data
usage and overage, which are your sole responsibility;
The WebSite and Service presents pictures of nude males and females and audiovisual works depicting
nude females and males engaging in sexual activities. You understand that by using this Service, and by
merely accessing this WebSite, you may be exposed to content that is offensive, indecent, or
SAG is not a talent agent and is not licensed under the Labor Code of the State of California as a talent
agent or as an employment agent or otherwise under the Business and Professions Code of the State of
California, or as a theatrical employment agency or other employment agency under the General Business
Law of the State of New York, or as any of the foregoing under the laws of any State including the State
of Arizona, and SAG has not promised to procure employment or engagements for any of its performers;
All proper model releases, permission to use images, as well as age verification of all performers are maintained as
required by the Federal Government and pursuant to 18 U.S.C. §2257 and the person
responsible for maintaining the records is SAG.
You agree not to reproduce, duplicate, copy, sell, distribute, rent, resell or exploit any portion of the
WebSite, Service, use of the Service, or access to the Service; you consent to the collection, use, and
The WebSite and Service is provided “as is” without warranties of any kind and SAG’s liability to you is
Subscription to the Service is on an auto-renewal program which means the Subscription Fee will be
charged either monthly, quarterly or annually and will continue until the Subscriber cancels pursuant to
Section 5, below;
The Subscriber may cancel his/her Subscription at any time subject to Section 5, below;
Some disputes arising hereunder will be resolved by binding arbitration. By accepting this Subscription
Agreement, as provided in greater detail in Section 20 of this Subscription Agreement, you and SAG are
each waiving the right to a trial by jury or to participate in a class action; you further agree that any claims
made against you by SAG for copyright, trademark and/or infringement of any of SAG’s intellectual
property shall not be resolved by binding arbitration and you submit to the venue and jurisdiction of the
courts of Cyprus. THIS IS A MATERIAL TERM OF THIS AGREEMENT AND SHOULD YOU CHOOSE NOT TO ACCEPT SUCH YOU SHOULD
IMMEDIATELY LEAVE THIS WEBSITE
1. SCOPE OF LICENSE.
The Service is licensed, not sold, to you for use only under the terms of this
Subscription Agreement. SAG reserves all rights not expressly granted to you. Subject to your complete
and ongoing compliance with the terms and conditions of this Subscription Agreement, SAG hereby
grants you a personal, limited, revocable, non-transferable license to use the Service on a single
compatible device that you own or control, solely for your own private, personal, non-commercial use.
You may not make the Service available over a network where it could be used by multiple devices at the
same time. You may not rent, lease, lend, redistribute or sublicense the Service. You may not attempt to
derive the source code of, modify, or create derivative works of the Service, any updates, or any part
thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). If you
breach these license restrictions or the restrictions set forth in Section 10, or otherwise exceed the scope
of the licenses granted herein, then you may be subject to prosecution and damages, as well as liability for
infringement of intellectual property rights. The terms of this Subscription Agreement will govern any
updates provided to you by SAG that replace and/or supplement the original Service, unless such upgrade
is accompanied by a separate license or revised Subscription Agreement, in which case the terms of that
license or revised Subscription Agreement will govern.
A. Description of Services. The “Service(s)” means, collectively, SAG’s: (a) audiovisual
service offering access to a selection of audiovisual works and other content (the “Service”), whether
available through our website located at www.sinparty.com (the “WebSite”) or through any software
applications made available for mobile devices (“Service Applications”); (b) all software, external
players, buttons and widgets, data, text, images, sounds, video, graphics and photos made available by
SAG through any of the foregoing; and (c) any updates, new versions, new releases, additional features
and functionality that SAG may offer in connection with the foregoing ((a)-(c) collectively, the
B. Consideration. You understand and agree that this Subscription Agreement is entered into in
consideration of your payment of the Subscription Fee (defined below) for your access to and use of the
Service pursuant to this Subscription Agreement (the “Subscription”), and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged. Any end user who accesses
and uses the public-facing portions of the Service will be referred to herein as a “Visitor,” and any end
user who registers for a Subscription will be referred to herein as a “Subscriber”. The term “Users” refers
to Visitors and Subscribers collectively.
C. Changes to the Service. SAG may at its sole discretion and from time to time change, add or remove
features and functionality of the Service without any notice to you. SAG reserves the right to discontinue
some or all of the features of the Service at any time at its sole discretion. You acknowledge and agree
that SAG will not be liable to you or to any third party for any modification, suspension or discontinuance
of the Service. If you are dissatisfied with any changes to the Service, then your sole option is to
discontinue or terminate your use of the Service as described herein. Notwithstanding anything in this
Subscription Agreement to the contrary, if you have signed up for a Subscription and SAG cancels your
Subscription without cause, then SAG will offer you the pro-rated, unearned portion of any amounts that
you have prepaid to SAG for such Subscription.
D. Changes to this Subscription Agreement. The Service is owned and operated by SAG, and SAG
reserves the right to revise this Subscription Agreement in an immaterial manner its sole discretion at any
time and without prior notice to you other than by posting the revised Subscription Agreement on the
Service. Unless otherwise stated in the Service, revisions to this Subscription Agreement are effective
upon posting and your continued use of the Service after a revised version of this Subscription Agreement
has been posted by SAG to the Service constitutes your binding acceptance of such revised Subscription
Agreement. This Subscription Agreement will be identified as of the most recent date of revision.
Notwithstanding the preceding sentences of this Section 2D, no revisions to this Subscription Agreement
will apply to any dispute between you and SAG that arose prior to the effective date of such revision.
3. THE WEBSITE AND SERVICE.
the WebSite and/or Service, you agree that you have read, understood, and agree to the data collection,
B. Mobile Services. The Service includes certain services that are available via a mobile device, including
(a) the ability to browse the Service from a mobile device; and (b) the ability to access certain features of
the Service through Service Applications downloaded and installed on a mobile device (collectively, the
“Mobile Services”). To the extent that you access the Service through a mobile device, your wireless
service carrier’s standard charges, data rates and other fees may apply, and you acknowledge that you are
solely responsible for all such fees and charges. In addition, your carrier may restrict downloading,
installing, or using certain Mobile Services, and not all Mobile Services may work with all carriers or
C. Service Security. You are prohibited from violating, or attempting to violate, the security of the
Service. Any such violations may result in criminal and/or civil penalties against you, as well as the
termination of your privilege to use the Service, at SAG’s sole discretion. SAG reserves the right to
investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such
suspected violation to the appropriate law enforcement agencies and cooperate fully with such
investigations, including, but not limited to, the disclosure of any or all of your activities on or related to
the Service. You agree to promptly notify SAG if you learn or reasonably suspect that any security breach
related to the Service has occurred.
4. REGISTRATION AND ELIGIBILITY.
4. REGISTRATION AND ELIGIBILITY. A. Account. You may access the public-facing portions of the
Service as a Visitor. To access certain additional features and functionality of the Service, you must
register an account with SAG. All information provided to SAG during registration will be held and used
log-in credentials in order to use the Service and are fully responsible for all activities that occur through
the use of your credentials. You agree to notify SAG immediately of any unauthorized use of your log-in
credentials or any other breach of security with respect to your account. SAG will not be liable for any
loss or damage arising from unauthorized use of your credentials prior to you notifying SAG of such
unauthorized use or loss of your credentials.
B. Accuracy of Information. You agree to provide true, accurate, current, and complete information about
yourself as requested in any registration forms and to update the information about yourself promptly, and
as necessary, to keep it current and accurate.
C. Subscriptions. You may sign up for either a monthly, bi-monthly, quarterly or annual paid Subscription
to the Service at any time. You will be required to register an account with SAG and you will gain full
access to Content made available through the Service as long as you maintain an active Subscription.
Please refer to Section 5 below for additional information about Subscription plans, payment, and
D. Children. The WebSite, Service, and Mobile Service is not intended for children and you agree that
you are over the age of 18 years and that you will not use, display, show or otherwise use the Service in
the presence of children. SAG does not seek to gather information from or about children under the age of
13 through the Service. The Service is not intended for children under the age of 13. IF YOU ARE
UNDER 18 YEARS OF AGE, THEN YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY
TIME OR IN ANY MANNER. You must be at least the age of majority in your jurisdiction to use the
Service. By using the Service, you affirm that you are (a) either above the age of majority in your
jurisdiction; and (b) are fully able and competent to enter into and abide by the terms, conditions,
obligations, affirmations, representations, and warranties set forth in this Subscription Agreement.
5. FEES AND PAYMENT TERMS.
A. SUBSCRIPTION FEES. THE TERMS BELOW APPLY TO
SUBSCRIPTIONS MADE AVAILABLE THROUGH THE SERVICE (“PAYMENT TERMS”). IF
YOU ARE A SUBSCRIBER, THEN YOU AGREE TO PAY THE SUBSCRIPTION FEE (DEFINED IN
SECTION 5B3 BELOW) ON A TIMELY BASIS.
B. PAYMENT TERMS. 1) BY USING THE SERVICE, OR BY REGISTERING FOR AN ACCOUNT,
YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND
BY THESE PAYMENT TERMS, AS MAY BE AMENDED BY SAG FROM TIME TO TIME AT OUR
2) WE ACCEPT VARIOUS FORMS OF PAYMENT, AS SET FORTH ON THE WEBSITE FROM
TIME TO TIME. WE DO NOT ACCEPT CASH OR CHECKS. PAYMENTS ARE PROCESSED BY
OUR THIRD-PARTY PAYMENT PROCESSOR(S).
3) THE DAY WHEN YOU REGISTER FOR AND PURCHASE OR ACTIVATE YOUR
SUBSCRIPTION (“ACTIVATION DATE”) IS THE FIRST DAY OF YOUR BILLING CYCLE. BY
PROVIDING YOUR PAYMENT METHOD AND OBTAINING A SUBSCRIPTION TO THE
SERVICE, YOU AUTHORIZE OUR PAYMENT PROCESSOR TO CHARGE TO YOUR
DESIGNATED PAYMENT METHOD THE APPLICABLE MONTHLY OR ANNUALLY
RECURRING SUBSCRIPTION FEES, AND ANY APPLICABLE SALES, TELECOMMUNICATION,
EXCISE, VALUED-ADDED OR SIMILAR TAXES (“SUBSCRIPTION FEE”). THE SUBSCRIPTION
FEE IS EXCLUSIVE OF ANY APPLICABLE FEDERAL, STATE, PROVINCIAL, VAT OR
MUNICIPAL TAXES OR DUTIES.
4) UNLESS YOU NOTIFY US OF YOUR DECISION TO TERMINATE YOUR SUBSCRIPTION,
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH
SUBSCRIPTION TERM AT THE THEN-CURRENT SUBSCRIPTION FEE. A RENEWED
SUBSCRIPTION WILL HAVE THE SAME TERM AS THE IMMEDIATELY PRECEDING
SUBSCRIPTION. AT THE TIME OF RENEWAL, YOUR PAYMENT METHOD WILL BE
CHARGED THE SUBSCRIPTION FEE.
5) YOUR PAYMENT METHOD WILL BE CHARGED FOR THE RENEWAL TERM OF YOUR
SUBSCRIPTION ON YOUR BILLING DATE (“BILLING DATE”), BASED ON THE TYPE OF
SUBSCRIPTION (E.G., ON A PARTICULAR DATE EACH MONTH FOR A MONTHLY
SUBSCRIPTION). IF, HOWEVER, THE ACTIVATION DATE OF YOUR SUBSCRIPTION IS ON
THE 29TH, 30TH OR 31ST DAY OF A MONTH, AND YOUR BILLING DATE DOES NOT EXIST
IN A PARTICULAR MONTH BECAUSE THERE ARE FEWER THAN THIRTY-ONE (31) DAYS IN
THE MONTH PAYMENT IS DUE, THEN YOUR BILLING DATE FOR THAT PARTICULAR
RENEWAL WILL BE ON THE LAST DAY OF THE MONTH IN WHICH YOUR BILLING DATE
WOULD OTHERWISE BE. THE SUBSCRIPTION FEE IS PAYABLE IN U.S. DOLLARS ONLY.
6) IF YOU FAIL TO PAY THE APPLICABLE SUBSCRIPTION FEE WHEN DUE, THEN YOUR
ACCOUNT MAY BE DOWNGRADED, SUSPENDED OR CANCELLED, AT SAG’S SOLE
DISCRETION. IF YOUR ACCOUNT IS SUSPENDED, THEN SAG MAY, BUT IS NOT
OBLIGATED TO, MAINTAIN YOUR ACCOUNT AND/OR RELATED CONTENT ANDz
INFORMATION, IN ORDER TO ALLOW YOU TO PAY THE PAST-DUE CHARGES AND
RESTORE YOUR ACCOUNT. IF THE CHARGES ARE NOT PAID, THEN YOUR ACCOUNT MAY
7) YOU MAY CANCEL YOUR SUBSCRIPTION TO THE SERVICE AT ANY TIME FOR ANY OR
NO REASON. IF YOU CANCEL YOUR SUBSCRIPTION, THEN YOU WILL HAVE ACCESS TO
THE FULL SERVICE UNTIL THE DATE THAT WOULD HAVE BEEN YOUR NEXT BILLING
DATE. TO CANCEL AN ONGOING SUBSCRIPTION, PLEASE CONTACT US AT
SUPPORT@SINPARTY.COM. ONCE YOU HAVE CANCELLED YOUR SUBSCRIPTION, WE
WILL STOP BILLING YOUR APPLICABLE PAYMENT METHOD. IF YOU RESIDE IN A
COUNTRY THAT IS PARTY OF THE EUROPEAN UNION AND PURCHASED A SUBSCRIPTION,
YOU MAY CANCEL YOUR SUBSCRIPTION AND RECEIVE A FULL REFUND OF YOUR
SUBSCRIPTION FEE WITHIN 14 DAYS OF THE ACTIVATION DATE, BUT ONLY IF YOU HAVE
NOT LOGGED IN OR OTHERWISE ACTIVATED YOUR SUBSCRIPTION.
8) WE RESERVE THE RIGHT TO CHANGE SAG’S SUBSCRIPTION FEE OR PRICES AT ANY
TIME IN OUR SOLE DISCRETION. IF SAG DOES CHANGE the SUBSCRIPTION FEE OR PRICES,
THEN WE WILL PROVIDE NOTICE OF THE CHANGE IN AN EMAIL TO YOU AT LEAST
THIRTY (30) DAYS BEFORE THE CHANGE IS TO TAKE EFFECT. YOUR CONTINUED USE OF
THE SERVICES AFTER THE PRICE CHANGE BECOMES EFFECTIVE CONSTITUTES YOUR
AGREEMENT TO PAY THE CHANGED AMOUNT.
A. Third Party Advertisements. SAG may display advertisements for the goods
and services of third parties or other promotional materials on the Service. Your dealings with, or
participation in, promotions of any third-party advertisers on the Service, are solely between you and such
third party, and your participation is subject to any terms and conditions associated with that
advertisement or promotion. SAG does not endorse or represent such third parties, and by using the
Service, you agree that SAG is not responsible or liable for any loss or damage of any sort incurred as a
result of any such dealings or the presence of such third parties on the Service.
B. Third Party Sites. The Service may also include links to third party websites or third-party services that
are not owned or operated by SAG (collectively, “Third-Party Sites”). SAG does not endorse or represent
such third parties and SAG is not responsible for the availability of these Third-Party Sites, or any
products, services and/or content contained therein. You agree that we are not responsible or liable,
directly or indirectly, for any loss or damage of any sort incurred as a result of your use of or reliance on
any Third-Party Sites. Certain functionalities of the Service may also require that you agree to additional
terms and conditions of Third Party Sites. You agree that you are solely responsible for your acceptance
of and compliance with such terms and conditions whenever you use or access such Third-Party Sites.
7. SPECIAL NOTICE FOR INTERNATIONAL USE; EXPORT CONTROLS.
Software available in
connection with the Service, the Content, and the transmission of applicable data, if any, is subject to
United States export controls. No software may be downloaded from the Service or otherwise exported or
re-exported in violation of U.S. export laws. You use the Service and related software at your sole risk.
Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding
your use of the Service, including as it concerns online conduct and acceptable content. SAG makes no
representation that the Service is appropriate or available for use in any particular location.
8. CONTENT YOU SUBMIT; LICENSE GRANTS FROM YOU.
A. User Content. This Section governs
any material that you post, send or transmit (collectively, “Post”) through the Service, including, by way
of example and not limitation, photographs, graphics, images, text, musical works, sound recordings,
digital phonorecord deliveries, and any other content, materials or works subject to protection under the
laws of the United States or any other jurisdiction, including, but not limited to, patent, trademark, trade
secret, and copyright laws (collectively, “User Content”). You are solely responsible for securing the
rights to any and all User Content you Post to or through the Service.
B. License Grants to SAG and other Users. (1) LICENSE GRANT. BY POSTING USER CONTENT TO
OR THROUGH THE SERVICE, YOU HEREBY GRANT TO SAG (AND SAG’S ASSIGNEES,
DESIGNEES, SUCCESSORS, LICENSEES, AND SUB-LICENSEES) AN UNRESTRICTED,
PERPETUAL, ASSIGNABLE, SUBLICENSABLE, REVOCABLE, ROYALTY-FREE, FULLY PAID
UP LICENSE THROUGHOUT THE WORLD TO REPRODUCE, MODIFY, DISTRIBUTE, DISPLAY,
PUBLISH, TRANSMIT, COMMUNICATE TO THE PUBLIC, MAKE AVAILABLE, BROADCAST,
CREATE DERIVATIVE WORKS FROM, PUBLICLY PERFORM (INCLUDING ON A THROUGH-
TO-THE AUDIENCE BASIS), DELIVER AND PUBLICLY PERFORM DIGITAL PHONORECORDS,
AND OTHERWISE USE AND EXPLOIT (COLLECTIVELY, “USE”) ALL USER CONTENT YOU
POST TO OR THROUGH THE SERVICE, THROUGH ANY MEDIA AND FORMATS NOW
KNOWN OR HEREAFTER DEVELOPED, IN CONNECTION WITH THE SERVICE, INCLUDING,
WITHOUT LIMITATION, (A) IN CONNECTION WITH OR ON ANY THIRD PARTY SITES AND
PLATFORMS WHERE THE SERVICE IS SYNDICATED; AND (B) TO ADVERTISE, MARKET
AND PROMOTE THE AVAILABILITY OF USER CONTENT AND THE SERVICE. BY WAY OF
EXAMPLE ONLY AND WITHOUT LIMITING THE FOREGOING LICENSE, SAG WILL HAVE
THE RIGHT TO INSERT, PLACE OR INCLUDE ALL TYPES OF ADVERTISEMENTS WITHIN OR
AROUND USER CONTENT, INCLUDING, WITHOUT LIMITATION, RUNNING OR STREAMING
PRE-ROLLS, MID-ROLLS, POST-ROLLS, DISPLAY ADS, OVERLAYS, BANNERS, CAMPAIGN
AND COMPANION ADS AND ANY OTHER TYPE OF ADVERTISING, WHETHER AUDIO,
VISUAL, OR AUDIOVISUAL UNITS IN CONNECTION WITH USER CONTENT.
NOTWITHSTANDING THE PRECEDING SENTENCES OF THIS SECTION, IF YOU REMOVE
ANY OF YOUR USER CONTENT USING FUNCTIONALITIES AVAILABLE THROUGH THE
SERVICE, THEN YOU AGREE TO, AND HEREBY DO GRANT, SAG A PERPETUAL AND
IRREVOCABLE LICENSE TO USE ANY BACKUP COPIES OF YOUR USER CONTENT THAT
SAG MADE PRIOR TO YOUR REMOVAL OF YOUR USER CONTENT AND IN THE ORDINARY
COURSE OF BUSINESS.
(2) License for Name, Image, Voice, and Likeness. You further hereby grant SAG a royalty-free license
to Use your name, image, voice, trademarks, logos, monikers, and likeness (and that of any person
identifiable in any User Content you posted to or through the Service) made available by or on your
behalf through the Service in conjunction with your User Content. The foregoing license in the
immediately preceding sentence will survive the termination of your account with respect to any of your
User Content Posted to the Service prior to such termination.
C. Limited Waiver of Rights. You waive any and all rights of privacy, rights of publicity, or any other
rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any
moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all
moral rights, or to support, maintain or permit any action based on any moral rights that you may have in
or with respect to any of your User Content Posted to the Service, during the term of this Subscription
Agreement. You expressly release SAG and all of SAG’s agents, partners, subsidiaries, affiliates,
licensees, successors, and assigns from any and all claims, demands, liabilities, or causes of action,
whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and
invasion of the rights to privacy, right to publicity, or personality or any similar matter, or based upon or
relating to the Use of your User Content as authorized in this Subscription Agreement.
D. Representations and Warranties With Respect to Your User Content. Except for materials provided to
you by SAG through the Service, you represent, warrant, and covenant that (1) you either are the sole and
exclusive owner of all of your User Content, or you have all rights, licenses, consents, and releases that
are necessary to grant to SAG the rights in your User Content as contemplated under this Subscription
Agreement; and (2) neither your User Content nor your creation of, accessing, posting, submission or
transmission of your User Content will (x) infringe, misappropriate or violate the rights of any party or
entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity,
rights of privacy or other intellectual property or proprietary rights; (y) constitute or result in defamation,
libel, slander, or the violation of any applicable law or regulation (including, without limitation,
restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual
recording, or otherwise); or (z) require SAG to obtain any licenses from or make any payments in any
amounts to any third party throughout the world.
E. Proof of Rights Clearance. SAG may require you to provide sufficient evidence of having all necessary
rights, licenses, authorizations, permissions, and clearances for any of your User Content that you Post to
the Service, and if you fail to provide such evidence within a reasonable period of time (as determined by
SAG in its sole discretion), then SAG may remove some or all of your User Content from the Service
and/or terminate your account, without any liability to you. You are solely responsible for keeping copies
of such evidence.
F. Monitoring. SAG has the right, but not the obligation, to monitor the Service, and User Content, and
may remove any User Content from the Service for any reason in its sole discretion at any time, without
notice and without any liability to you. You acknowledge that SAG may establish general practices and
limits concerning use of the Service without notice to you, including, without limitation, the maximum
period of time that User Content will be retained by the Service and the maximum storage space that will
be allotted on SAG’s servers on your behalf. You acknowledge and agree that SAG may preserve any
Content and may also disclose any Content if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (1) comply with legal process, applicable laws or
government requests; (2) enforce this Subscription Agreement; (3) respond to claims that any content
violates the rights of third parties; or (4) protect the rights, property, or personal safety of SAG, its Users
and the public. You understand that SAG does not guarantee any confidentiality with respect to User
Content and will have no responsibility or liability for User Content that is deleted from the Service.
10. USE RESTRICTIONS.
Your rights to use the Service and the SAG Content are expressly conditioned
on the following:
A. You may access the Service for your personal entertainment purposes only solely as intended through
the provided functionality of the Service and as permitted under this Subscription Agreement.
B. You may not copy, distribute, re-sell, alter, modify, create derivative works of, sell, license or in any
way exploit any part of the Service or any SAG Content.
C. You agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast
any part of the Service or SAG Content without SAG’s prior written authorization, including, by way of
example and not limitation, by doing or engaging in any of the following without SAG’s prior express
1) altering, defacing, mutilating or otherwise bypassing any approved software through which the Service
is made available; and
2) using any trademarks, service marks, design marks, logos, photographs or other content belonging to
SAG or obtained from the Service.
D. You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features
of the Service designed to control the manner in which the Service is used, harvest or mine SAG Content
from the Service, or otherwise access or use the Service in a manner inconsistent with individual human
E. You agree not to undertake, cause, permit or authorize the modification, creation of derivative works,
translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Service or
SAG Content or any part thereof, or attempt to do any of the foregoing, except and solely to the extent
permitted by this Subscription Agreement, the authorized features of the Service or SAG Content, or by
law, or otherwise attempt to use or access any portion of the Service other than as intended by SAG.
F. You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service or the
SAG Content, or any portion thereof, through any other application or website, unless and solely to the
extent SAG makes available the means for embedding any part of the Service or the SAG Content.
G. You agree not to access, tamper with, or use non-public areas of the Service, SAG’s (and its hosting
company’s) computer systems and infrastructure, or the technical delivery systems of SAG’s providers.
H. You agree not to harass, abuse, harm or advocate or incite harassment, abuse or harm of another
person or group, including SAG employees.
I. You agree not to provide any false personal information to SAG.
J. You agree not to create a false identify or impersonate another person or entity in any way.
K. You agree not to create a new account with SAG, without SAG’s express written consent if SAG has
previously disabled, suspended or terminated an account of yours for any reason whatsoever.
L. You agree not to solicit, or attempt to solicit, personal information from other Users.
M. You agree not to restrict, discourage or inhibit any person from using the Service, disclose personal
information about a third person on the Service or obtained from the Service without the consent of such
person, or collect information about Users of the Service.
N. You agree not to use the Service, without SAG’s express written consent, for any commercial purpose,
including reselling, distributing, or communicating or facilitating any commercial advertisement or
O. You agree not to gain unauthorized access to the Service, to other Users’ accounts, names or
personally identifiable information, or to other computers or websites connected or linked to the
P. You agree not to Post, transmit or otherwise make available, including in any of your User Content,
any virus, worm, spyware or any other computer code, file or program that may or is intended to disable,
overburden, impair, damage or hijack the operation of any hardware, software or telecommunications
equipment, or any other aspect of the Service or SAG Content or communications equipment and
computers connected to the Service.
Q. You agree not to Post any User Content that is or could be interpreted to be defamatory, libelous,
inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic,
objectionable, or hateful, or that promotes discrimination, bigotry, racism, or hatred, as determined by
SAG in its sole discretion.
R. You agree not to Post any User Content that does or could be claimed to infringe any third party
intellectual property or other rights, including the rights of privacy, publicity and confidentiality.
S. You agree not to interfere with or disrupt the Service, networks or servers connected to the Service or
violate the regulations, policies or procedures of such networks or servers.
T. You agree not to violate any applicable federal, state or local laws or regulations (including, without
limitation, any traffic laws and rules applicable when you use the Service in a vehicle) or this
Subscription Agreement through the use of the Service.
U. You agree not to assist or permit any persons in engaging in any of the activities described above.
V. YOU AGREE AND UNDERSTAND THAT ANY AND ALL VIOLATIONS OF PARAGRAPH 10
CAN AND WILL BE MET WITH LITIGATION INSTITUTED BY SAG AGAINST YOU AND/OR
THE ACCOUNT HOLDER OF THE INTERNET SERVICE THROUGH WHICH SUCH ACTIVITY
You understand that the operation of the Service, including User Content, may be
unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to
technical requirements of connecting networks or devices; and (c) transmission to SAG’s third party
vendors and hosting partners to provide the necessary hardware, software, networking, storage, and
related technology required to operate and maintain the Service and Content. SAG will have no liability
to you for any unauthorized access or use of your Subscription, or any corruption, deletion, destruction or
loss of any of Content.
The Service, Content, and the media and materials contained therein, including all
intellectual property rights therein, is the sole and exclusive property of SAG and its licensors. Except for
the limited license expressly granted by and to you under this Subscription Agreement, no other rights,
licenses, or immunities are granted or will be deemed to be granted under this Subscription Agreement,
either expressly, or by implication, estoppel or otherwise.
While our own staff is continually working to develop and evaluate our own product
ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and
suggestions we receive from Users. If you choose to contribute by sending SAG or our employees any
ideas for products, services, features, modifications, enhancements, content, refinements, technologies,
content offerings (such as audiovisual or other types of content), promotions, strategies, or product/feature
names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively
“Feedback”), then regardless of what your accompanying communication may say, the following terms
will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to SAG,
you agree that:
A. SAG has no obligation to review, consider, or implement your Feedback, or to return to you all or part
of any Feedback for any reason;
B. Feedback is provided on a non-confidential basis, and SAG is not under any obligation to keep any
Feedback you send confidential or to refrain from using or disclosing it in any way; and
C. You irrevocably grant SAG and its successors and assigns perpetual and unlimited permission to Use
the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without
attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting
commercial products and services that incorporate or embody Feedback, whether in whole or in part, and
whether as provided or as modified. If you become aware of any security vulnerability in the Service or
SAG Content, then please provide us Feedback using the “Send Feedback” feature within the Service or
This Subscription Agreement is effective until terminated by you or SAG as
described in this Section.
A. Automatic Termination. Your rights under this Subscription Agreement will terminate automatically
without notice from SAG if you fail to comply with any term(s) of this Subscription Agreement
(including by violating any license restriction provided herein or for failure to pay the Subscription Fee).
B. Termination by You. You may terminate your account, this Subscription Agreement, and your right to
use the Service, at any time and for any reason or no reason, by contacting SAG Customer Support at
C. Termination by SAG. Notwithstanding anything to the contrary in this Subscription Agreement, SAG
has the right to immediately disable, suspend, or terminate your account at any time for any reason or no
reason, with or without notice to you. All of your User Content on the Service (if any) may be
permanently deleted by SAG at any time and for any reason in SAG’s sole discretion, with or without
notice to you. In addition, SAG may notify authorities or take any actions it deems appropriate, without
notice to you, if SAG suspects or determines, in its own discretion, that you may have or there is a
significant risk that you have: (a) failed to comply with any provision of this Subscription Agreement or
any policies or rules established by SAG through any of the foregoing; or (b) engaged in actions relating
to or in the course of using the Service that may be illegal or cause liability, harm, embarrassment,
harassment, abuse or disruption for you, SAG, the Service, other Users or any other third parties.
D. Effects of Termination. After any termination of this Subscription Agreement, you understand and
acknowledge that (a) SAG will have no further obligation to provide the Service or Content to you; and
(b) all licenses and other rights granted to you in this Subscription Agreement will immediately cease.
SAG is not liable to you or any third party for termination of the Service or termination of your use of the
Service. Upon any termination or suspension, you may no longer access any information that you have
Posted to the Service or that is related to your account. Furthermore, SAG will have no obligation to
maintain any information stored in our database related to your account or to forward any information to
you or any third party. You acknowledge and agree that SAG will not be required to delete any of your
User Content that may be stored on any servers or other back up media owned or controlled by or on
behalf of SAG following the termination of your account.
You agree to indemnify and hold SAG, and its officers, directors, employees, agents,
successors, and assigns harmless from and against any claims, liabilities, damages, losses, and expenses,
including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected
to (a) your access, use, or misuse of the Service, or SAG Content; (b) your User Content; or (c) your
violation of this Subscription Agreement. SAG will use reasonable efforts to notify you of any such
claim, action or proceeding for which it seeks an indemnification from you upon becoming aware of it,
but if SAG is unable to communicate with you in a timely manner because of an inactive e-mail address
for you, your indemnification obligation will continue notwithstanding SAG’s inability to contact you in a
timely manner. SAG reserves the right to assume the exclusive defense and control of any matter that is
subject to indemnification under this Section. In such case, you agree to cooperate with any reasonable
requests to assist SAG’s defense of such matter. You agree not to settle any matter without the prior
express written consent of SAG.
16. NO WARRANTY.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE
SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY
QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, AND ANY CONTENT OR
MATERIALS AVAILABLE THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION,
ANY USER CONTENT, THIRD PARTY CONTENT AND/OR SAG CONTENT), ARE PROVIDED
“AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY
KIND, AND SAG HEREBY DISCLAIMS, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND
LICENSORS, ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, AND
ANY CONTENT OR MATERIALS AVAILABLE THROUGH THE SERVICE (INCLUDING,
WITHOUT LIMITATION, ANY USER CONTENT, THIRD PARTY CONTENT AND/OR SAG
CONTENT), WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF
SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF
QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SAG
DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE
SERVICE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR
PROVIDED BY THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION
OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR NOT INTERFERE WITH
YOUR USE OR ENJOYMENT OF ANY OTHER APPLICATIONS ON THE DEVICE ON WHICH
THE SERVICE IS ACCESSED OR INSTALLED, OR THAT DEFECTS IN THE SERVICE WILL BE
CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SAG OR ITS
AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY NOT EXPRESSLY
PROVIDED FOR IN THIS SUBSCRIPTION AGREEMENT. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE
STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS
MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING WILL BE APPLIED TO
THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
17. LIMITATION OF LIABILITY.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
WILL SAG OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY
INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA,
BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING
OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE AND ANY
CONTENT OR MATERIALS AVAILABLE THROUGH THE SERVICE (INCLUDING, WITHOUT
LIMITATION, ANY USER CONTENT, THIRD PARTY CONTENT AND/OR SAG CONTENT),
HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR
OTHERWISE) AND EVEN IF SAG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR
PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL SAG’S TOTAL LIABILITY TO
YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN
CASES INVOLVING PERSONAL INJURY) EXCEED THE LESSER OF (A) THE AMOUNT YOU
PAID TO SAG IN THE PRECEDING 12 MONTHS; OR (B) ONE HUNDRED DOLLARS ($10.00).
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS
OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITIES, SO THE ABOVE
EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE
FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER
18. THIRD PARTY DISPUTES.
SAG IS NOT AFFILIATED WITH ANY MOBILE CARRIER,
RADIO STATION OR OTHER THIRD PARTY SERVICE PROVIDER, AND ANY DISPUTE YOU
HAVE WITH ANY SUCH THIRD PARTY SERVICE PROVIDER OR ANY OTHER THIRD PARTY,
INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY
BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE SAG (AND
OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, EMPLOYEES,
SUCCESSORS, AND ASSIGNS) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES
(ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND
UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
19. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR OTHER
INTELLECTUAL PROPERTY INFRINGEMENTS.
A. Respect of Third Party Rights. SAG respects the intellectual property of others and takes the protection
of intellectual property very seriously, and we ask our Users to do the same. Infringing activity will not be
tolerated on or through the Service.
B. Repeat Infringer Policy. SAG’s intellectual property policy is to (a) remove or disable access to
material that SAG believes in good faith, upon notice from an intellectual property owner or his or her
agent, is infringing the intellectual property of a third party by being made available through the Service;
and (b) remove any User Content you uploaded to the Service if you are a “repeat infringer” and
terminate your right to use the Service. You are a “repeat infringer” if you are a User that has uploaded
User Content or Feedback to or through the Service and for whom SAG has received more than two
takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to your User Content or
Feedback. SAG has discretion, however, to terminate the account of any User after receipt of a single
notification of claimed infringement or upon SAG’s own determination.
C. Procedure for Reporting Claimed Infringement. If you believe that any content made available on or
through the Service has been used or exploited in a manner that infringes an intellectual property right
you own or control, then please promptly send a “Notification of Claimed Infringement” containing the
following information to the Designated Agent identified below. Your Notification of Claimed
Infringement may be shared by SAG with the User alleged to have infringed a right you own or control or
the general public, and you hereby consent to SAG making such disclosure. Your communication must
include substantially the following:
1) A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s)
that has/have been allegedly infringed;
2) Identification of works or materials being infringed, or, if multiple works are covered by a single
notification, a representative list of such works;
3) Identification of the specific 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 SAG to locate the material;
4) Information reasonably sufficient to permit SAG to contact you, such as an address, telephone number,
and, if available, an electronic mail address at which you may be contacted;
5) A statement that you have a good faith belief that the use of the material in the manner complained of
is not authorized by the copyright owner, its agent, or the law; and
6) A statement that the information in the notification is accurate, and under penalty of perjury, that you
are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should consult with your own lawyer and/or see (a) 17 U.S.C. § 512 to confirm your obligations to
provide a valid notice of claimed infringement; (b) “fair use” under 17 U.S.C. § 101 et seq.
D. Designated Agent Contact Information. SAG’s designated agent for receipt of Notifications of
Claimed Infringement (the “Designated Agent”) can be contacted at:
SP APOLLO INTERNET LIMITED (No. HE381896)
Office Archiepiskopou Makariou III 18B,
Annnitas Complex, House 6,
Anafotia, 7573, Larnaca, Cyprus
E. False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides
that: [a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17
U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or
disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’
fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee,
or by a service provider, who is injured by such misrepresentation, as the result of [SAG] relying upon
such misrepresentation in removing or disabling access to the material or activity claimed to be
infringing, or in replacing the removed material or ceasing to disable access to it. 17 U.S.C. § 512(f).
SAG reserves the right to seek damages from any party that submits a Notification of Claimed
Infringement or Counter Notification in violation of the law.
THE FOLLOWING PROVISIONS OF THIS DISPUTE RESOLUTION SECTION DO NOT
APPLY TO ANY CLAIM IN WHICH EITHER PARTY SEEKS RELIEF TO PROTECT SUCH
PARTY’S COPYRIGHTS, TRADEMARKS, AND OR PATENTS OR OTHER RIGHTS OF AN
INTELLECTUAL PROPERTY NATURE.
20. Dispute Resolution.
A. Mandatory Arbitration. Please read this carefully. It affects your rights. YOU
AND SAG AND EACH OF OUR RESPECTIVE CORPORATE PARENTS, SUBSIDIARIES,
AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, PERMITTED ASSIGNS, AND ANY
OTHER PARTIES ON WHOSE BEHALF YOU ARE ACCESSING THE SERVICE AGREE TO
ARBITRATION, AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS
PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING
TO THIS SUBSCRIPTION AGREEMENT OR THE SERVICE. Arbitration is more informal than a
lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited
discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same
damages and relief that a court can award. Please visit www.adr.org for more information about
1) Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by
certified mail, a written notice of intent to arbitrate (a “Notice”), or, if you do not provide a mailing
address to SAG, to you via any other method available to SAG, including via e-mail. The Notice to SAG
should be addressed to SAG. The Notice must (a) describe the nature and basis of the claim or dispute;
and (b) set forth the specific relief sought (the “Demand”). If you and SAG do not reach an agreement to
resolve the claim within 90 days after the Notice is received, then you or SAG may commence an
arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION
WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN
ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY
PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “Rules”), AS MODIFIED BY THIS
AGREEMENT. The Rules and AAA forms are available online at www.adr.org. If you are required to
pay a filing fee to commence an arbitration against SAG, then SAG will promptly reimburse you for your
confirmed payment of the filing fee upon SAG’s receipt of Notice at the Arbitration Notice Address that
you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your
Demand is equal to or greater than $100.00 or was filed in bad faith, in which case you are solely
responsible for the payment of the filing fee.
2) Arbitration Proceeding. The arbitration will be conducted in the English language. A single
independent and impartial arbitrator will be appointed pursuant to the Rules, as modified herein. You and
SAG agree to comply with the following rules, which are intended to streamline the dispute resolution
process and reduce the costs and burdens on the parties: (a) the arbitration will be conducted by
telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the
party initiating the arbitration; (b) the arbitration will not require any personal appearance by the parties
or witnesses unless otherwise mutually agreed in writing by the parties; and (c) any judgment on the
award rendered by the arbitrator may be entered in any court of competent jurisdiction.
3) No Class Actions. YOU AND SAG AGREE THAT YOU AND SAG MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE
PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE
PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF
THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THIS ONLY THIS
SECTION A3 OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
4) Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her
decision within 180 days from the date the arbitrator is appointed. The arbitrator may extend this time
limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the
public and confidential and all records relating thereto will be permanently sealed, except as necessary to
obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will
include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the
laws of the State of Arizona in conducting the arbitration. You acknowledge that these terms and your use
of the Service evidences a transaction involving interstate commerce. The United States Federal
Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to the Mandatory
Arbitration clause in this Subscription Agreement.
B. Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any
claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, or
patents. You acknowledge that, in the event of a breach of the Subscription Agreement by SAG or any
third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other
equitable relief against SAG, and your only remedy will be for monetary damages, subject to the
limitations of liability set forth in the Subscription Agreement.
C. Claims. You and SAG agree that, notwithstanding any other rights the party may have under law or
equity, any cause of action arising out of or related to this Subscription Agreement or the Service,
excluding a claim for indemnification, must commence within one year after the cause of action accrues.
Otherwise, such cause of action is permanently barred.
D. Improperly Filed Claims. All claims you bring against SAG must be resolved in accordance with this
Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section will be
considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, SAG
may recover attorneys’ fees and costs up to $100,000, provided that SAG has notified you in writing of
the improperly filed claim, and you have failed to promptly withdraw the claim.
E. Modifications. In the event that SAG makes any future change to the Mandatory Arbitration provision
(other than a change to SAG’s Arbitration Notice Address), you may reject any such change by sending
us written notice within thirty (30) days of the change to SAG’s Arbitration Notice Address, in which
case your account with SAG and your license to use the Service will terminate immediately, and this
Dispute Resolution provision, as in effect immediately prior to the amendments you reject, will survive
the termination of the Subscription Agreement.
F. Enforceability. If the entirety of this Section 20 is found to be unenforceable, then the entirety of this
Section 20 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and
venue described in Section 21 will govern any action arising out of or related to this Subscription
21. Arbitration Waiver.
Both parties hereby agree to waive all provisions for mediation and arbitration in
regard to the issues of claims for the infringement of intellectual property. Any such claims or counter-
claims shall be resolved by a court of competent jurisdiction in Los Angele County, California as outlined
below. THIS PARAGRAPH SHALL SUPERSEDE AND REPLACE THE ARBTRATION
PROVISION NOTED IN THIS AGREEMENT AS IT APPLIES TO CLAIMS OF
INTELLECTUAL PROPERTY INFRINGEMENT AND UNFAIR BUSINESS PRACTICES.
22. Governing Law.
The laws of Cyprus, excluding its conflicts of law rules, govern your use of the
Service. Your use of the Service may also be subject to other local, state, national, or international laws.
To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law,
such action will be subject to the exclusive jurisdiction of the courts located Limassol, Cyprus, and you
hereby irrevocably submit to personal jurisdiction in such courts and waive any defense of inconvenient
forum. Any lawsuit filed shall be brought in Limassol, Cyprus. PLEASE NOTE THAT BY
AGREEING TO THIS AGREEMENT, YOU ARE WAIVING CLAIMS THAT YOU MIGHT
OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS,
INCLUDING YOUR OWN.
23. Recovery of Expenses.
In any proceedings between the parties arising out of or relating to claims of
intellectual property infringement, the prevailing party will be entitled to recover from the other party, in
addition to any other relief awarded, all expenses that the prevailing party incurs in those proceedings,
including legal fees and expenses. For purposes of section, “prevailing party” means, for any proceedings,
the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor
of one party on one or more claims or counterclaims and in favor of the other party on one or more other
claims or counterclaims, neither party will be the prevailing party. If any proceedings are voluntarily
dismissed or are dismissed as part of settlement of that dispute, neither party will be the prevailing party
in those proceedings.
24. Jury Trial Waiver.
Each party hereby waives its right to a trial by jury in any claims arising out of or
relating to the subject matter of this agreement. Either party may enforce this waiver up to and including
the first day of trial.
You may not assign this Subscription Agreement or any of the rights or licenses granted
hereunder, directly or indirectly, without the prior written consent of SAG. This means that in the event
you dispose of any device on which you have installed the Service, such as by sale or gift, you are
responsible for deleting the Service from your mobile device prior to such disposition. SAG may assign
this Subscription Agreement, including all its rights hereunder, without restriction. Any assignment in
violation of this Section is void.
The provisions of this Subscription Agreement that are intended to survive the termination
of this Subscription Agreement by their nature will survive the termination of this Subscription
Agreement, including, but not limited to, Sections 2 (General), 3 (The Service), 5 (Fees and Payment
Terms), 8 (Content You Submit; License Grants from You), 9 (Third Party Content), 10 (Use
Restrictions), 11 (Security), 12 (Ownership), 13 (Feedback), 14 (Termination), 15 (Indemnity), 16 (No
Warranty), 17 (Limitation of Liability), 18 (Third Party Disputes), 19 (Notice and Procedure for Making
Claims of Copyright or Other Intellectual Property Infringements), 20 (Dispute Resolution), 21
(Arbitration Waiver), 22 (Governing Law), 23 (Recovery of Expenses), 24 (Jury Trial Waiver), 24
(Assignment), 25 (Survival), 27 (Consent to Electronic Communications) and 28 (Miscellaneous).
27. Consent to Electronic Communications.
By electronically signing this agreement, you affirmatively
consent to receiving communications from us including but not limited to the service of all legal
documents and court documents, through the email address provided to SAG. You agree that any notices,
agreements, disclosures, or other communications that we send to you electronically will satisfy any legal
communication requirements, including that such communications be in writing, including the need to
serve you personally with any summons and complaint for a lawsuit that may be filed in regard to your
breach of Paragraph 10. BY SIGNING THIS AGREEMENT, YOU ARE HEREBY WAIVING ANY
LEGAL RIGHT THAT YOU MAY HAVE TO CLAIM THAT PERSONAL SERVICE WAS
The United Nations Convention on Contracts for the International Sale of Goods does
and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive
understanding and agreement between you and SAG regarding your use of and access to the Service, and,
except as expressly permitted above, may be amended only by a written agreement signed by you and an
authorized representative of SAG. The failure to require performance of any provision will not affect our
right to require performance at any time thereafter, nor will a waiver of any breach or default of this
Subscription Agreement or any provision of this Subscription Agreement constitute a waiver of any
subsequent breach or default or a waiver of the provision itself. Use of section headers in this
Subscription Agreement is for convenience only and will not have any impact on the interpretation of
particular provisions. In the event that any part of this Subscription Agreement is held to be invalid or
unenforceable, the unenforceable part will be given effect to the greatest extent possible and the
remaining parts will remain in full force and effect. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and SAG as a result of this Subscription
Agreement or use of the Service. You acknowledge and agree that SAG and SAG's subsidiaries, and that
SAG will have the right to enforce this Subscription Agreement against you as a third-party beneficiary
thereof. The English language version of this Subscription Agreement is the version that governs your use
of the Service and in the event of any conflict between the English language version and a translated
version, the English language version will control. You expressly agree that this Subscription Agreement
and all ancillary documents be drafted solely in English.
29. Contacting SAG.
If you have any comments, complaints, suggestions about this Subscription
Agreement or the Service or otherwise would like to contact us, then you can contact SAG by email at
firstname.lastname@example.org, or at:
SP APOLLO INTERNET LIMITED (No. HE381896)
Office Archiepiskopou Makariou III 18B,
Annnitas Complex, House 6,
Anafotia, 7573, Larnaca, Cyprus
Your access to this WebSite and access to and use of the Service is governed by and conditioned on your
express consent to this Subscription Agreement. You have thoroughly reviewed this Subscription
Agreement to your satisfaction. By clicking on the “JOIN” button, you agree to be bound by this
Subscription Agreement, just as if you had signed it in pen and ink.