Terms and Conditions
Warning:
The Aboutsexy website and its suite of software (including, but not limited to, computer and mobile applications, collectively referred to as the “App”) may contain or transmit sexually explicit material. This content is intended for individuals 18 years of age or older.
If you are under 18, if such material offends you, or if it is illegal to view such material in your jurisdiction, do not continue.
Important Legal Information:
This document contains critical Terms and Conditions that affect your legal rights and remedies. By using the App, you agree to these Terms and Conditions.
The terms “you”, “your”, and “yours” refer to all users of the App, while “we”, “us”, “our”, and “Aboutsexy” , the owner and operator of “www.Aboutsexy.com” and its related subsidiaries and affiliates (hereinafter “the Company” or “Aboutsexy”). Our products and services, including Aboutsexy Connect, Aboutsexy Browser, and Aboutsexy Extension, are governed by these Terms and Conditions.
These Terms and Conditions (referred to as the “Agreement”) explicitly incorporate the Privacy Policy and End User License Agreement. The Agreement constitutes a legally binding contract between you and Aboutsexy.
Agreement Acceptance:
By using the App or any other products or services linked to these Terms, you agree to the terms outlined in this Agreement. If you do not agree with the terms, do not download or use the App. If already installed, uninstall and delete the App immediately.
Arbitration and Choice of Law Notice:
These Terms include an arbitration clause and a choice of law provision. Except for certain types of disputes mentioned in the arbitration clause, you and Aboutsexy agree that disputes will be resolved through mandatory binding arbitration as set forth in the Agreement.
Additionally, you and Aboutsexy waive any right to participate in class-action lawsuits or class-wide arbitration.
1. USER CONDUCT
a. Who Can Use the Services
- You must be 18 years or olderto download the App, create an account, or use the Services.
- By using the Services, you acknowledge that:
- You have the capacity and desire to form a binding contract with the Company.
- You will comply with these Terms and all applicable laws, regulations, and rules at local, state, national, and international levels.
- If you are using the Services on behalf of a business or another entity, you confirm that you are fully authorized to agree to these Terms on behalf of that business or entity.
- By using the App and Services, you confirm that you have reviewed and consented to the Company’s Privacy Policy and End User License Agreement.
b. Your Rights
- The Company grants you a personal, worldwide, royalty-free, non-negotiable, non-exclusive, and revocablelicense to access and use the Services.
- This license is strictly for the purpose of enabling you to use and enjoy the Services according to these Terms and our usage policies.
- You may notcopy, modify, distribute, sell, lease, reverse engineer, or attempt to extract the source code of any part of our Services unless explicitly allowed by law or with written permission from us.
c. Our Rights
- We respect your privacy and, as a general policy, do not review user-generated Content unless required by law or in certain circumstances.
- You remain solely responsible for the Content you create, upload, post, send, or store using the Services.
- The Services may include advertisements, and you agree that the Company, its affiliates, and third-party partners may place ads on the Services.
- A license is required to connect third-party software to any Aboutsexy product.
d. Content Created by Others
- The Content transmitted via the App is the sole responsibility of the person or organization that submitted it.
- We do not take responsibility for any Content submitted by others using the Services.
e. Public License and Responsibilities
- To the maximum extent permitted by applicable law, you irrevocably waive, abandon, and surrender all Copyright and Related Rights to the Content you submit, across all territories and for the maximum duration allowed by law.
- You grant us the right to use the Content for any purpose, including commercial, advertising, or promotional uses.
- If any part of the Waiver is legally invalid, you agree to grant each affected party a royalty-free, non-transferable, non-exclusive, irrevocable license to use your Content for the maximum duration and in any medium or form.
f. AI Service and Content Liability
- Aboutsexy may provide AI-powered services using third-party technologies (“AI Service”).
- You are solely responsible for the content you input (text, images, etc.) into the AI Service and for any resulting material (e.g., images, code, text, “Output”).
- Any use of the Output is entirely at your own risk and subject to the terms of both this Agreement and the specific AI Provider’s terms.
2. PRIVACY
a. Privacy Policy
By using the App, you agree and consent that your use of our Services, as well as our collection and processing of your data, is governed by the Aboutsexy Privacy Policy. This policy can be accessed [here].
By providing your phone number, you consent to receive recurring automated promotional and personalized marketing text messages (e.g., cart reminders) from Aboutsexy. These messages may be sent via an automatic telephone dialing system to the mobile number you provided upon signing up or any other number you designate.
Please note:
- Consent to receive marketing text messages is nota condition of any purchase.
- Msg & Data rates may apply.
- Message frequency may vary. Aboutsexy reserves the right to change the frequency and alter the number or short code from which messages are sent.
- Aboutsexy, its service providers, and the mobile carriers are notresponsible for delayed or undelivered messages.
b. Respecting Other People’s Rights
You agree not to misuse this Site or its Services. Specifically, you will not:
- Commit or encourage criminal offenses.
- Transmit or distribute viruses, worms, or any other malicious or harmful materials.
- Hack or corrupt any data, or cause annoyance to other users.
- Infringe on others’ intellectual property rights or proprietary rights.
- Send unsolicited advertising or promotional materials (i.e., “spam”).
- Attempt to interfere with or disrupt the functionality of the Services.
Any violation of these provisions constitutes a criminal offense, and we will report such breaches to law enforcement authorities, including disclosing your identity to them.
You are also prohibited from using the Services, or enabling others to use the Services in a manner that:
- Violates the rights of others, including privacy, publicity, copyright, trademark, or other intellectual property rights.
- Bullies, shames, harasses, intimidates, or defames others.
- Engages in spamming or soliciting users.
c. Restrictions on Use of the Services
These Terms do not grant you permission to:
- Use the branding, logos, designs, photographs, videos, or any other materials associated with our Services.
- Copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, or otherwise use any part of the Services or its content outside the permissions granted in these Terms.
- Use the Services or any content provided within the Services for commercial purposes without our explicit consent.
You may not use the Services, or assist others in using the Services, in any unauthorized manner.
3. THIRD-PARTY COPYRIGHT
At Aboutsexy, we fully respect and comply with copyright laws. We take reasonable steps to promptly remove any infringing material from our Services once we become aware of it.
If we become aware that a user has repeatedly violated third-party copyrights, we will take appropriate actions, including terminating the user’s account, in line with our policies.
Reporting Copyright Infringement:
If you believe that any content on our Services infringes on a third-party copyright, please contact us immediately at:
support@service.Aboutsexy.com
We make it easy for you to report suspected infringements, and we will address your concerns promptly.
4. SAFETY
We strive to maintain a safe environment for all users of our Services. However, we cannot guarantee complete safety. Therefore, by using our Services, you agree to the following terms:
- Compliance:You will not use our Services for any illegal activities or any purpose prohibited by these Terms.
- Automated Access:You will not use any robots, spiders, crawlers, scrapers, or other automated tools to access or extract information from the Services or other users.
- Third-Party Apps:You will not use or develop any third-party applications that interact with our Services or other users’ content without our written consent.
- Respect for Other Users:You will not engage in any activity that could disrupt or negatively impact other users’ experience, or damage, disable, overburden, or impair the Services.
- Unauthorized Access:You will not attempt to access another user’s account, username, or password without permission, nor will you solicit login credentials from others.
- Content Restrictions:You will not post content that includes or links to graphic violence, threats, hate speech, or any material promoting violence.
- Security:You will not upload viruses, malicious code, or compromise the security of our Services in any way.
- Access Limitations:You will not attempt to bypass any content-filtering techniques or access features you are not authorized to use.
- Vulnerability Testing:You will not probe, scan, or test the security or vulnerability of our Services, systems, or networks unless previously authorized.
- Promotion of Misconduct:You will not encourage or promote activities that violate these Terms.
Traffic Safety: Please remember to follow traffic safety laws. Do not use our Services or Products in a way that distracts you from complying with traffic or safety regulations.
5. ACCOUNT SECURITY
You are responsible for all activities that occur within your Aboutsexy account. It is your duty to ensure the security of your account. By using our Services, you agree to this responsibility. If you suspect that someone has gained unauthorized access to your account, please contact us immediately at support@service.Aboutsexy.com.
6. DATA CHARGES
You are responsible for any charges related to your use of our Services, including data charges for sending and receiving messages. If you are uncertain about these charges, please consult your service provider before using our Services.
7. PRICING & PRODUCT INFORMATION
Occasionally, there may be errors or inaccuracies on our website, such as incorrect product descriptions, pricing, or availability. We reserve the right to correct any mistakes or updates to the information at any time, even after you’ve placed an order. We apologize for any inconvenience caused. If you’re unsatisfied with your purchase, please refer to our Returns Policy for assistance.
8. AMENDMENT TO TERMS
Aboutsexy reserves the right, at its sole discretion and without prior notice, to amend, remove, or modify the Services, the App, or these Terms at any time.
9. INDEMNITY
You agree to defend, indemnify, and hold harmless Aboutsexy , its officers, directors, employees, and agents from any third-party claims, liabilities, damages, losses, and expenses. This includes, but is not limited to, reasonable legal fees arising from your negligence, breach, or violation of this Agreement.
10. DISCLAIMER
The Services are provided “as is” and “as available” and, to the extent permitted by law, without any warranties of any kind, either express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Although Aboutsexy makes every effort to offer a good user experience, we do not warrant that:
- (A) The Services will always be secure, error-free, or timely.
- (B) The Services will function without delays, disruptions, or imperfections.
- (C) Any content, user-generated content, or information obtained through the Services will be timely or accurate.
By using our Services and/or products, you acknowledge that some content or functions may be generated by an AI system, and this content should be used for informational purposes only. We cannot guarantee the accuracy, completeness, or applicability of this information. Any actions based on such content are taken at your own risk. We recommend consulting qualified experts or conducting additional research to verify and supplement the information provided.
Aboutsexy assumes no responsibility or liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our Services. You understand and agree that you may be exposed to content that could be offensive, illegal, misleading, or otherwise inappropriate, and Aboutsexy will not be held responsible for such content.
11. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Aboutsexy and our managing members, shareholders, employees, affiliates, licensors, agents, and suppliers will not be liable for any:
- Indirect, incidental, special, consequential, punitive, or multiple damages.
- Loss of profits, revenues, data, use, goodwill, or other intangible losses.
These may result from:
- (A) Your access to or use of, or inability to access or use, the Services.
- (B) The conduct or content of other users or third parties on or through the Services.
- (C) Unauthorized access, use, or alteration of your content, even if Aboutsexy has been advised of the possibility of such damages.
In no event will Aboutsexy’s total liability for any claims related to the Services exceed the amount you paid for your Aboutsexy device (if applicable) in the last 90 days.
12. GOVERNING LAW AND DISPUTE RESOLUTION, WAIVER OF LITIGATION PROCEEDINGS
Please read the following paragraphs carefully, as they require you and Aboutsexy to resolve all disputes through arbitration.
- Arbitration Agreement
This Arbitration Agreement applies to all “Disputes.” For purposes of this Agreement, “Disputes” include, but are not limited to, any claims or controversies between you and Aboutsexy related to these Terms and Conditions, including but not limited to:
- Your use of the website, sales, returns, refunds, cancellations, defects, policies, privacy, advertising, and/or communications between you and Aboutsexy (whether occurring on the website, in the mobile app, or in-store).
- Disputes arising after the termination of your relationship with Aboutsexy.
All Disputes will be referred to and resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force at the time the Notice of Arbitration is submitted. The applicable law for this arbitration clause is Hong Kong law.
- The seat of arbitration shall be Hong Kong.
- The number of arbitrators shall be one.
- The arbitration proceedings will be conducted in English.
- Choice of Law and Venue
By using the Services and agreeing to these Terms, you agree that the governing law of this Agreement shall be the law of Hong Kong, without regard to conflict of laws principles. - Waiver of Class or Consolidated Actions
All claims and disputes within the scope of this Arbitration Agreement must be arbitrated or litigated on an individualbasis, and noton a class basis. Claims from more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
- If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Aboutsexy are entitled to arbitration. Instead, all claims and disputes will be resolved in court as set forth in (d) below.
- Waiver of Jury Trial
If a dispute under the arbitration clause is submitted to a US court (or any other court) that holds the arbitration clause to be invalid, and the court has jurisdiction over the case, you and Aboutsexy waive any constitutional and statutory rights to a jury trial, as permitted by the law of that state.
13. ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between you and Aboutsexy and supersede any previous agreements between us. Any waiver of any provision of these Terms will only be effective if made in writing and signed by an officer of Aboutsexy
14. PREVAILING LANGUAGE
The English version of this Agreement will control in all respects and will prevail in the event of any inconsistencies with translated versions.