Terms and Conditions

GENERAL AGREEMENT

Age Restriction. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THE SITE (AS DEFINED BELOW), SUBSCRIBE TO THE SITE, OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THE SITE. YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY AT LEAST EIGHTEEN (18) YEARS OLD, THE AGE OF MAJORITY IN YOUR COMMUNITY, AND ARE CAPABLE OF LAWFULLY ENTERING INTO THE AGREEMENT.

Binding Agreement. The Agreement spells out the terms and conditions to which you and all users of this site (the “Site”) are expected to adhere. By creating a free account, purchasing content, a Full Subscription or Trial Subscription (as each is defined below) or by accessing or using the Site in any manner, you acknowledge that you have read the Agreement, understand the Agreement and agree to be bound by its terms. If you do not agree to be bound by the terms of the Agreement, you must leave the Site immediately.

Effect of Subscription Purchase. In the event that you purchase a Full Subscription or Trial Subscription (as defined below), you will be asked to enter your credit card information and certain other information. By providing this information and selecting “Complete this transaction” you agree to become a subscriber to the Site and, subject to the terms and conditions set forth in the Agreement, the Company agrees to provide you with all the privileges of a subscription to the Site available to a subscriber in good standing (the “Service”).

Changes to Service. The Company may change, suspend, discontinue, and/or limit your access to any portion of the Site and/or Service, including without limitation, the availability of any feature, database, or Content (as defined below) at any time without notice or liability to the Company.

Amendments to the Agreement. The Company may change, add, or remove portions of the Agreement at any time and changes are effective upon notice to you by email. posting, or made available as a hyperlink on the Site. Your continued use of the Service will indicate your acceptance of such changes. If future changes to the Agreement are unacceptable to you, or cause you to no longer be in compliance, you may cancel your subscription by providing the Company notice pursuant to paragraph 27 and subject to the terms and conditions of the Agreement. From time to time, the Company may ask you to expressly accept the changed terms of service to continue using the Site and/or Service.

SITE CONTENT

Nature of Content. YOU HEREBY ACKNOWLEDGE THAT THE MATERIALS PUBLISHED, BROADCAST, CONTAINED, AND/OR DOWNLOADABLE ON THE SITE AND/OR SERVICE, INCLUDING WITHOUT LIMITATION, VIDEOS, STILL PHOTOGRAPHS, LIVE BROADCASTS, AUDIO CLIPS, TEXT, HYPERLINKS, INTERLINKS, SEARCH ENGINES, SOFTWARE, LOGOS, ICONS AND ANY OTHER PROPRIETARY CONTENT (COLLECTIVELY, THE “CONTENT”) INCLUDE SEXUALLY EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL, BI-SEXUAL, GAY, LESBIAN, AND/OR TRANSSEXUAL SITUATIONS AND THAT YOU ARE FAMILIAR WITH AND NOT OFFENDED BY SUCH CONTENT.

LIMITED NON-EXCLUSIVE LICENSE

Grant of License. Subject to the limitations set forth below, the Company hereby grants you a limited, non-commercial, non-exclusive, and non-transferable license (the “License”) to use the Content during the period in which you are a current subscriber in good standing or legitimate user of the Site. The License will immediately terminate automatically if you fail to comply with the limitations described herein, breach any other provision of the Agreement, cease, for any reason, to be a subscriber in good standing, or are notified of termination of the License by the Company or its authorized agent(s).

Limitations on License. You may make no use of the Content not expressly authorized herein or by express written authorization from the Company. You may use the Content only in accordance with the Agreement, only on one computer at a time, and if the Site makes downloadable copies of the Content available, you may make only a single copy of such Content for your personal use and enjoyment. You agree to the following limitations and restrictions on your use of the Content:

You acknowledge and agree that the Company does not authorize the Content to be accessed, viewed, downloaded, used by, transmitted, broadcast, or otherwise disseminated to any person or entity located in any and all areas prohibited by law (“Prohibited Areas”);

You acknowledge and agree that the Content is intended for your personal, noncommercial use and the Company does not authorize you to cause or enable others to access, view, download, receive or otherwise use the Content, directly or indirectly, including but not limited to (i) anyone under the age of eighteen (18) years or the age of majority, or (ii) any person in Prohibited Areas;

You acknowledge and agree that any and all unauthorized access, viewing, downloading, receipt, duplication, or other use of the Content in which you are directly or indirectly involved, shall constitute a material breach of the Agreement, intentional infringement(s) of the Company’s and potentially others’ trademarks, copyrights, intellectual property, and/or other rights including without limitation, the rights of privacy and publicity;

You acknowledge and agree that you are prohibited from:

modifying, translating, reverse engineering, decompiling, and/or disassembling the Content;

creating derivative works based on the Content;

renting, leasing, or transferring any rights in the Content;

removing any proprietary notices or labels on the Content; and

making any other unauthorized use of the Content.

Ownership of the Content and Intellectual Property. Except for public domain material or material otherwise licensed to the Company for electronic dissemination, all of the Content displayed at or otherwise available through the Site is proprietary content owned by the Company, its parents, subsidiaries and/or assigns. All editions of the Site and Content and other matter used directly or indirectly in, at, by, through and/or with the Site are protected by the copyright laws of the United States, international copyright treaties, and other laws and regulations. All intellectual property and other rights in and to the Content and other matter on the Site shall at all times remain in the Company, its parent(s), subsidiary(ies) and assign(s).

USER GENERATED CONTENT

Submissions. You acknowledge that any user generated content that you transmit, including comments, forum messages, text, email, video, audio, photographs or other types of media to the Company (“Submission”) may be edited, removed, modified, published, transmitted and displayed by the Company and you waive any rights you may have in the material. The Company reserves the right (but not the obligation) to delete, move or revise any Submission at its sole discretion without notice. You may not infringe on any party’s intellectual property or other rights and must adhere to the warranties listed under V. REPRESENTATION AND WARRANTIES, as described below. The Company takes no responsibility and assumes no liability for any content posted by you or any third party. You agree to release, indemnity and hold harmless the Company and its agents for all claims resulting from content you supply.

License Granted. To the extent any Submission is copyrightable material, you grant the Company and its authorized agents a non-exclusive, royalty free, perpetual and fully sublicensable right to use, post, publish, reproduce, adapt, create derivative works from, distribute, and display such Submission throughout the world in any media and for any purpose. By way of example, the Company may sublicense the content and allow third parties to use the material for any purpose.

REPRESENTATION AND WARRANTIES

Your Warranties. You hereby represent, warrant, and affirm (the “Warranties”):

that you are at least 18 years old and the age of majority in your community;

that it is legal to view the materials where you are located;

that you will not permit any person(s) under the age of 18 (or who are otherwise not legally permitted) to have access to any of the materials contained on this website;

that no materials of any kind submitted through your account including, without limitation, comments posted on live broadcasts or in public forums, will:

violate or infringe upon the rights of any third party, including without limitation, copyright, trademark, privacy, publicity, moral, contract, or other personal or proprietary rights;

plagiarize any material owned by any third party or the Company;

contain violent, obscene, defamatory, harassing, threatening, or otherwise illegal content;

contain bigoted, hateful, or otherwise racially offensive material;

otherwise harm or be reasonably expected to harm any person or entity;

contain commercial or business-related advertisements or offers to sell any products, services, or otherwise (whether for profit or not), or to solicit others (including solicitations for contributions or donations);

contain a virus or other harmful component that tampers with, impairs or damages the Site, Service, or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site and/or Service;

contain materials irrelevant to the designated topic or theme of the relevant public forum;

violate any specific restrictions applicable to a public forum; or

constitute antisocial, disruptive or destructive behavior, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.

that, with respect to live broadcasts or public forums on the Site, you will also refrain from posting comments on the following subjects:

Sexually transmitted disease;

Income;

Derogatory comments about the performers’ physical appearance;

Anything demeaning to the performers.

Breach of the Warranties. Any conduct that the Company, in its sole discretion, deems to be a breach of the Warranties shall constitute a breach of the Agreement and grounds for termination.

Indemnity. You hereby agree to indemnify, defend, and hold harmless the Company and all of its related entities, subsidiaries and parent companies, advertising and promotions agencies and each of the their heirs, successors, officers, directors, employees, assigns, agents, attorneys, representatives, and any other person or entity now or hereafter affiliated with them, and each of them (collectively, “Indemnified Parties”), of and from any and all claims, demands, causes of action, obligations, damages, losses to any person (including death) or property, penalties, attorney’s fees, costs, and liabilities of any nature whatsoever, whether or not now known, suspected or claimed, arising out of any breach by you or any other user of your account, whether or not such user has your permission, of the Agreement or the Warranties. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you shall cooperate as fully as is reasonably required in the defense of any claim.

Third Party Violations. The Company does not assure or warrant that third parties or other users will comply with the Warranties or any other provision of the Agreement, and, as between you and the Company, you hereby assume all risk of harm or injury resulting from any lack of compliance.

No Warranties by the Company. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND IS MAKING THE SITE AND SERVICE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE AND/OR SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND/OR SERVICE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE AND/OR SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE AND/OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

Disclaimer of Responsibility for Outbound Links. THE SITE CONTAINS LINKS TO OTHER RELATED INTERNET SITES, RESOURCES, AND SPONSORS OF THE COMPANY. YOUR SELECTION OF AN AD BANNER OR LINK WILL REDIRECT YOU FROM THE SITE TO A THIRD PARTY WEBSITE. THE COMPANY HAS NO CONTROL OVER AND NO LIABILITY FOR ANY THIRD PARTY WEBSITES OR MATERIALS. TRANSACTIONS THAT OCCUR BETWEEN YOU AND ANY SUCH THIRD PARTY ARE STRICTLY BETWEEN YOU AND THE THIRD PARTY AND ARE NOT THE RESPONSIBILITY OF THE COMPANY. THE COMPANY MAKES NO GUARANTEES ABOUT THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF THE INFORMATION PROVIDED BY SUCH SITES, AND THE COMPANY ASSUMES NO RESPONSIBILITY FOR UNINTENDED, OBJECTIONABLE, INACCURATE, MISLEADING, OR UNLAWFUL CONTENT THAT MAY RESIDE ON THOSE SITES. THE COMPANY IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENTS OF SUCH OUTSIDE RESOURCES, AND YOU SHOULD DIRECT ANY CONCERNS REGARDING ANY EXTERNAL LINK TO THE THIRD PARTY SITE’S ADMINISTRATOR OR WEBMASTER.

The Company’s Limited Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RELATED TO YOUR USE OF THE SITE, THE SERVICE, THE CONTENT AND/OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY THE COMPANY, EXCEPTING SUCH INJURY OR DAMAGES CAUSED BY THE COMPANY’S FRAUD, WILLFUL INJURY TO THE PERSON OR PROPERTY OF ANOTHER, OR VIOLATION OF LAW BY THE COMPANY.

DMCA

Notice of Copyright Infringement. If you believe that any Content or Submission appearing on the Site has been used in a manner that infringes upon your copyrights, you or your authorized agent may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

An electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

Identification of the material that is claimed to be infringing or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on the Site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Company to locate the material;

Information reasonably sufficient to permit the Company to contact you, such as your address, telephone number or e-mail address;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

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.

Counter-Notice. If you believe that your Content or Submission that was
removed or disabled is not infringing, or that you have proper authorization to post and use the material in your Content, you may send a counter-notice to our Copyright Agent containing the following information:

Your physical or electronic signature;

Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;

A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content;
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Diego, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

Our Copyright Agent may send a copy of any counter-notice to the original
complaining party informing that party that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company’s sole discretion.

SECURITY AND PRIVACY

Registration and Security. Purchase of a Full Subscription or Trial Subscription requires registration. During the registration process, you shall provide the Company with accurate, complete, and current billing information. Failure to do so shall constitute a breach of the Agreement, which may result in immediate termination of your subscription. As part of the registration process, you will select a user name and password. You may not select or use a user that: (a) incorporates or is confusingly similar to the name of another person with the intent to impersonate that person; (b) is subject to the rights of any person other than yourself without authorization; or (c) the Company, in its sole discretion, deems offensive.

No Unauthorized Access. You shall not provide any other person or entity access to your subscription, either directly or indirectly. This includes, without limitation, sending or making available to another party your user and/or password. Allowing others to gain unauthorized access to the Service is a breach of the Agreement and a violation of law.

Confidentiality and Liability for Account Usage. You shall be solely responsible for keeping your password strictly confidential. The Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You are responsible for all usage or activity on your account for the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your subscription at the Company’s sole discretion, and you may be referred to appropriate law enforcement agencies. You may be held liable for any losses incurred by the Indemnified Parties due to someone else’s use of your account or password. You may not use the account, user, or password of another person or entity at any time.

Notice to the Company. You must promptly inform the Company or Agent of the following: (a) changes in the expiration date of any credit card used in connection with the Site; (b) changes in home or billing address; and (c) known or suspected breaches of security, such as loss, theft, or unauthorized disclosure or use of a user, password, and/or credit card information. If you have reason to believe that your account has been compromised, please promptly contact the Company at hello@mysweetapple.com . Until the Company or Agent is notified of a breach in security, you will remain liable for any use of the Service.

Privacy Policy. The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company’s privacy policy can be found at http://www.mysweetapple.com/privacy-policy/ and is expressly incorporated into the Agreement by this reference.

GENERAL

Governing Law; Dispute Resolution. The validity, construction, performance, and breach of this Agreement shall be governed by the internal laws of the State of California, without regard to conflicts or choice of law principles, except that the Federal Arbitration Act will govern all provisions relating to arbitration.

The parties agree that any and all disputes or controversies of any nature between them arising at any time that cannot be resolved between the parties themselves shall be determined by confidential (to the extent permitted by law), final and binding arbitration in San Francisco County, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) before a single neutral arbitrator (“Arbitrator”) mutually agreed upon by the parties. If the parties are unable to agree on an Arbitrator, the Arbitrator shall be appointed by the AAA. The parties shall be entitled to conduct discovery in accordance with the California Code of Civil Procedure then in effect, provided that (i) the Arbitrator must authorize all such discovery in advance based on findings that the material sought is relevant to the issues in dispute and that the nature and scope of such discovery is reasonable under the circumstances, and (ii) discovery shall be limited to depositions and production of documents unless the Arbitrator finds that another method of discovery (e.g., interrogatories) is the most reasonable and cost efficient method of obtaining the information sought. The Arbitrator shall have the power to enter monetary damages and equitable relief as determined by the Arbitrator. Judgment upon the award rendered in any such arbitration may be entered in any court of competent jurisdiction, or application may be made to such court for a judicial acceptance of the award and enforcement, as the law of such jurisdiction may require or allow. Nothing in this section shall prevent either party from seeking interlocutory and/or injunctive relief from a court of competent jurisdiction. Class action lawsuits and / or class-wide arbitrations aren’t allowed. Nor is combining individual proceedings without the consent of all parties. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration.

The fees payable to AAA and the Arbitrator hereunder shall be borne equally by the parties, provided that the prevailing party shall be entitled to reimbursement by the other party for reasonable attorneys’ fees, expert witness fees, costs and expenses incurred in the arbitration.

THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

Miscellaneous. If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this Agreement, so that the Agreement shall remain in full force and effect. These terms of service, together with the Privacy Policy at http://www.mysweetapple.com/privacy-policy/, and any other legal notice published by the Company on the Site, shall constitute the entire agreement between you and the Company concerning your use of the Service. The Company will not be in breach of this Agreement for any failure or delay in performance caused by reasons beyond its reasonable control, if it makes reasonable efforts to perform. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and the Company’s delay in asserting any right or provision under this Agreement shall not constitute a waiver of such right or provision. Your use of the Service following any amendment of this Agreement will signify your assent to and acceptance of its revised terms. YOU AND LA TOURAINE, INC. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

RETURN AND REFUND POLICY

Thanks for shopping at mysweetapple.com ,If you are not entirely satisfied with your purchase, we’re here to help.

RETURNS

You have 30 (change this) calendar days to return an item from the date you received it.
To be eligible for a return, your item must be unused and in the same condition that you received it.

Your item must be in the original packaging.

Your item needs to have the receipt or proof of purchase.

REFUNDS

Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item.

If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on your card issuer’s policies.

SHIPPING

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non­refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

ORDER PROCESSING:

Most orders take up to 3 business days to process. All orders received on Friday, Saturday and Sunday will begin processing the following Monday.

SHIPPING CONFIRMATION:

A shipping confirmation with your tracking number will be sent to the email address provided at the time the order is shipped. Please track your shipment as Wet N Wild is not responsible for lost or stolen packages.

ACKNOWLEDGED AND AGREED

You are electronically signing this Agreement by clicking “I´m over 18 and I agree with the terms and conditions.”, purchasing a subscription and / or accessing this site in any manner. You understand and agree that this Agreement may not be denied legal effect, validity, or enforceability solely because your electronic signature was used in its formation. You further understand and agree that electronic signatures and records are just as good as their paper equivalent, and therefore subject to the same legal scrutiny of authenticity that applies to paper documents.

BY PURCHASING A FULL SUBSCRIPTION OR TRIAL SUBSCRIPTION OR BY ACCESSING OR USING THE SITE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ THE LA TOURAINE, INC. TERMS OF SERVICE IN THEIR ENTIRETY, UNDERSTAND THE TERMS, CONSENT TO ALL THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT, REPRESENT AND WARRANT THAT YOU ARE CURRENTLY AT LEAST 18 YEARS OLD, AND UNDERSTAND THAT MATERIALS PRESENTED AT THIS SITE INCLUDE EXPLICIT NUDITY, VISUAL AND AUDIO REPRESENTATIONS OF SEXUAL SITUATIONS, AND ADULT LANGUAGE.

FURTHER, BY INDICATING ON THE JOIN PAGE THAT YOU HAVE READ AND AGREE WITH THE TERMS OF SERVICE AND / OR BY AUTHORIZING THE USE OF YOUR CREDIT CARD (OR OTHER APPROVED FACILITY) FOR PAYMENT OF CHARGES AND FEES FOR YOUR OBTAINING A SUBSCRIPTION TO THE SITE, YOU AFFIRM THAT YOU HAVE READ THE ENTIRE AGREEMENT AND AGREE TO BE BOUND BY THE TERMS OF SERVICE SET FORTH IN THE AGREEMENT.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT, ARE UNDER 18 YEARS OF AGE, OR ARE IN AN UNAUTHORIZED DOWNLOADING LOCATION, DO NOT CREATE A FREE ACCOUNT, DO NO ATTEMPT TO PURCHASE A FULL SUBSCRIPTION OR TRIAL SUBSCRIPTION, DO NOT ATTEMPT TO USE THE SITE IN ANY MANNER AND LEAVE NOW!