These Terms of Use govern your access to and use of Xrated-Apps websites located at Xrated-Apps.com and/or developer. Xrated-Apps.com (the "Site"), through which users may access and use the Xrated-Apps manager for Android devices and/or apps made available by Xrated-Apps ("Apps") through the Xrated-Apps App Market (the "Marketplace") and any other products and services we make available to Xrated-Apps Members (defined below) (collectively the "Services").

These Terms of Use and all policies referenced in this document or elsewhere on the Site which are incorporated herein by reference govern your access to and use of the Site and Services. In the event of any conflict between these Terms of Use and any other clickthrough agreement made available to you by Xrated-Apps. These Terms of Use are a legal agreement between you and Xrated-Apps and apply to you whether you are a Xrated-Apps Member or a visitor just browsing the Site (collectively, " Xrated-Apps Users"). These Terms of Use limit Xrated-Apps liability and obligations to you, grant us certain rights and allow us to change, suspend or terminate your access to and use of the Site and Services.

Your access to and use of the Site, Content, and/or Services are expressly conditioned on your compliance with these Terms of Use. By accessing or using the Site, Content, or Services, you agree to be bound by these Terms of Use. If you do not accept these Terms of Use in their entirety, you may not access or use the Site or Services.

Modification of Terms of Use

You acknowledge and agree that Xrated-Apps may revise these Terms of Use from time to time. By continuing to access or use the Site, Content, or Services after Xrated-Apps makes any such revision, you agree to be bound by the revised Terms of Use.

Eligibility and Registration

In order to access certain features of the Site and Services, and to post any content on the Site or via the Services, you may be required to create a Xrated-Apps account and become a " Xrated-Apps Member". To become a Xrated-Apps Member you must be at least 18 years of age and/or over the age of majority in the jurisdiction which you reside. Xrated-Apps Members will not be employees, agents or contractors of Xrated-Apps. The Site, Services and access to a Xrated-Apps account are not available to temporarily or indefinitely suspended Xrated-Apps Members.

You understand and acknowledge that when using Xrated-Apps.com, you will be exposed to applications from a variety of sources, and that Xrated-Apps is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such applications. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Xrated-Apps with respect thereto, and agree to indemnify and hold Xrated-Apps, its Owners, affiliates, operators, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website or the Xrated-Apps App Market. You agree that Xrated-Apps may at its sole discretion have the right to refuse to publish, remove, or block access to any application or content that is available via the Website, Xrated-Apps App Market or other Xrated-Apps network or services at any time, for any reason, or for no reason at all, with or without notice.

When you register with Xrated-Apps and set up your Xrated-Apps account, you agree to provide Xrated-Apps with accurate and complete information. You agree to promptly update your Xrated-Apps account information with any new information that may affect the operation of your Xrated-Apps account. You authorize Xrated-Apps, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your Xrated-Apps account information.

You will not use false identities or impersonate any other person or use a username or password that you are not authorized to use. Our Privacy Policy at http://xrated-apps.com/privacy/contains information about our policies and procedures regarding the collection, use and disclosure of information we receive from Xrated-Apps Users.

You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding Xrated-Apps account information. You agree not to disclose your password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Xrated-Apps account, whether or not you have authorized such activities or actions. You agree to immediately notify Xrated-Apps of any unauthorized use of your username, password or Xrated-Apps account.

Proprietary Rights and Licenses

Definitions

Certain types of content are made available through the Site and Services. " Xrated-Apps Content" means, collectively, the text, data, graphics, images, Xrated-Apps trademarks and logos and other content made available through the Site and Services, including any technology or code making up the Xrated-Apps APP MANAGER, excluding Member Content. "Member Content" means, collectively, the text, data, graphics, images, photos, audio or video files, communications, bulletin board messages, chat, graphics and other content and information which Xrated-Apps Members post, upload, link and otherwise submit to or via the Site or Services, including, any advertisement related content provided via a campaign or the website(s) owned or controlled by a Xrated-Apps Member.

Member Content

You retain all rights in your Member Content. However, by uploading, posting, submitting, linking to or otherwise transmitting any Member Content on or via the Site or Services, you hereby grant to Xrated-Apps a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform, transmit and access your Member Content in connection with the Services and Xrated-Apps (and its successors) business including, without limitation, for promotion and redistributing part or all of the Services (and derivative works thereof), in any media formats and through any media channels. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to Xrated-Apps. You acknowledge and agree that your posting of or linking to Member Content will comply with the guidelines and restrictions set forth in these Terms of Use.

You acknowledge and agree that Xrated-Apps may, at its option, reclassify or recategorize any Member Content and establish limits concerning Member Content, including, without limitation, the maximum number of days that Member Content will remain available via the Services or on the Site, the maximum size of any files that may be stored on or uploaded to the Site or Services and the maximum disk space that may be allotted to you for the storage of Member Content on Xrated-Apps servers. Xrated-Apps will have no responsibility or liability for maintaining copies of Member Content on our servers, and you are solely responsible for creating back-ups of your Member Content.

Xrated-Apps Content

Xrated-Apps and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Services, Xrated-Apps Content and any other content made available through the Site or Services contained therein, other than your Member Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, Xrated-Apps Content, any other content made available through the Site or Services or related products and services, and except as explicitly described herein, you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, Services, Xrated-Apps Content or any other content made available through the Site or Services (other than your Member Content).

Virtual Currencies/Goods

The Service may include a virtual, in-app currency (“Virtual Currency”) including, but not limited to coins, cash, or points, that may be purchased from Xrated-Apps for “real world” money if you are a legal adult in your country of residence. The Service may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from Xrated-Apps for “real world” money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for “real world” money, goods or other items of monetary value from Xrated-Apps or any other party.

Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Service, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service.

Xrated-Apps has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and Xrated-Apps shall have no liability to you or anyone for the exercise of such rights.

Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Service. You may not buy or sell any Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from Xrated-Apps and possible legal action.

You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in Xrated-Apps sole and absolute discretion, or if Xrated-Apps discontinues providing the Service.

Disclaimer

Xrated-Apps does not guarantee that any content (including without limitation Xrated-Apps Content or Member Content) will be made available through the Site or Services, continuously or at all. WHILE XRATED-APPS IS UNDER NO OBLIGATION TO DO SO, Xrated-Apps reserves the right to remove and permanently delete any Content from the Site or services without notice, AND FOR ANY REASON XRATED-APPS DEEMS SUFFICIENT. Xrated-Apps does not have any obligation to monitor the Member Content that is uploaded, posted, submitted or otherwise transmitted using the Site or Services, for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the Member Content or anything said, depicted or written by Xrated-Apps Members or end users, including, without limitation, any information obtained by using the Site or Services. Xrated-Apps does not endorse any Member Content or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Xrated-Apps with respect thereto.

General Prohibitions

Post, publish or transmit any Member Content that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) promotes bigotry, racism, hatred or harm against any individual or group; (v) infringes another's rights, including any intellectual property rights; or (vi) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

Xrated-Apps respects the intellectual property rights of others and expects users of the Site to do the same.

Digital Millennium Copyright Act Compliance

Xrated-Apps respects the intellectual property rights of others and expects users of the Site to do the Xrated-Apps App Managere. At Xrated-Apps discretion and in appropriate circumstances, Xrated-Apps may terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), Xrated-Apps designated agent for notice of alleged copyright infringement appearing on the Site is:

Xrated-Apps
2 Style Loke, Barford
Norfolk NR9 4BE
ph: +44 603 759364 support@xrated-apps.com

Any notice or other communication to be given hereunder will be in writing and given (x) by Xrated-Apps via email (in each case to the address that you provide), (y) a posting on the Site or (z) by you via email to support@xrated-apps.com or to such other addresses as Xrated-Apps may specify in writing

Filing a notice of infringement with Xrated-Apps requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office web site,http://lcweb.loc.gov/copyright/ (visited January 26, 2009).

Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that Xrated-Apps is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Xrated-Apps of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination

If you violate any of these Terms of Use, your permission to use the Site, Content, and Services will automatically terminate. Xrated-Apps reserves the right to revoke your Xrated-Apps account and your access to and use of the Site, Content, and Services at any time, with or without cause. Xrated-Apps also reserves the right to cease providing or to change the Site, Content, or Services at any time and without notice.

You may terminate your Xrated-Apps account at any time and for any reason. Upon any termination by a Xrated-Apps Member, the related account will no longer be accessible. After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms of Use will immediately cease. Xrated-Apps will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION THAT YOU HAVE SUBMITTED VIA THE SITE OR SERVICE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Xrated-Apps 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.

Any suspension, termination or cancellation will not affect your obligations to Xrated-Apps under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

Use of the Site at Your Own Risk

Your access to and use of the Site, Content, and Services is at your own risk. Xrated-Apps will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, Content, or Services. Xrated-Apps is not responsible for performance of your mobile phone's mobile network and Xrated-Apps will not be liable for any performance issues or mobile network failure. In addition, Xrated-Apps is not responsible for any data or other charges that your mobile carrier may charge to you caused by your access to any Services.

The Site is Available "AS-IS"

THE SITE, CONTENT, AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, XRATED-APPS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.

XRATED-APPS MAKES NO WARRANTY THAT THE SITE, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. XRATED-APPS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, CONTENT OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM XRATED-APPS OR THROUGH THE SITE, CONTENT, OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity

You agree to defend, indemnify and hold Xrated-Apps and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, Services, Xrated-Apps Content, Member Content; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that any content you post to the Site or via the Services (including without limitation your Member Content) caused damage to a third party, including, without limitation, claims that your Member Content is infringing.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Xrated-Apps NOR ANY OTHER party involved in creating, producing, or delivering the Site, content, or services will be liable for any incidental, SPECIAL, consequential or PUNITIVE damages resulting from your access to or use of, or inability to access or use, the Site, content, or services, whether based on warranty, contract, tort (INCLUDING NEGLIGENCE) or any other legal theory, whether or not Xrated-Apps has been informed of the possibility of such damage, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT XRATED-APPS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, XRATED-APPS WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES.

YOU AGREE THAT THE AGGREGATE LIABILITY OF XRATED-APPS TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO XRATED-APPS FOR ACCESS TO AND USE OF THE SITE, CONTENT, OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN XRATED-APPS AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Notice; Consent to Electronic Notice

You consent to the use of (a) electronic means to complete these Terms of Use and to deliver any notices pursuant to these Terms of Use and (b) electronic records to store information related to these Terms of Use or your use of the Site or Services. Any notice or other communication to be given hereunder will be in writing and given (x) by Xrated-Apps via email (in each case to the address that you provide), (y) a posting on the Site or (z) by you via email to support@xrated-apps.com or to such other addresses as Xrated-Apps may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.

Severability

In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect.

Waiver

The failure of Xrated-Apps to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

Controlling Law and Jurisdiction

These Terms of Use and any action related thereto will be governed by the laws of the State of Washington without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in Seattle, Washington, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms of Use are the entire and exclusive agreement between Xrated-Apps and you regarding the Site, Content, and Services, and these Terms of Use supersede and replace any prior agreements between Xrated-Apps and you regarding the Site, Content, and Services.

If you have any questions about these Terms of Use, please contact Xrated-Apps at support@xrated-apps.com.

October 1, 2012

 

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