Sex With Sophie is created by With Sophie, LLC (“we”). These Terms of Service (“TOS”) govern the use of Sex With Sophie online at withsophie.co, sexwithsophie.com, and on mobile devices (collectively, “Sex With Sophie”).

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These TOS represent a binding contract between you and With Sophie, LLC, and by creating an account or otherwise accessing Sex With Sophie, you expressly agree to be bound by them, INCLUDING THE AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTION CLAIMS CLAUSE CONTAINED IN SECTION 11. The TOS incorporate the provisions of the Privacy Policy, so please review them carefully, as well. If you do not agree to be bound by the TOS, you may not use or purchase Sex With Sophie.

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1. Your Account Information and Email

Sex With Sophie provides courses, videos, images, graphics, questionnaires, text, and interactive simulations to be used by responsible adults for educational purposes. When you create an account, we require you to provide information about yourself, including an email address where we can contact you. This does not need to be your primary email address.

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Some existing and future Sex With Sophie features may allow you to post or submit content and materials for publication on Sex With Sophie (“Your Content”). You own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt, and publish Your Content for purposes of enabling us to offer Sex With Sophie or the features you have elected to use. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it. Should you remove Your Content, you acknowledge that we may keep a copy or record of Your Content.

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You agree that we may send communications to your email address for customer service, confirmations, newsletters, product offers, and other matters. You may choose to opt out of much of this email correspondence by using the links at the bottom of our emails. Please note that even if you opt out, we’ll still send you account-related emails, such as purchase confirmation and password reset emails.

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2. Adults Only

The videos, images, text, and simulations on Sex With Sophie are intended to be used by responsible adults for educational purposes. You must be at least 18 years of age to use this site.

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You certify that the sexually explicit material on Sex With Sophie is for your own personal use, and you will not expose minors to the material. You certify that you desire to view and interact with sexually explicit material. You certify that you believe that masturbation and sexual acts between consenting adults are neither offensive nor obscene. The viewing, reading, and downloading of sexually explicit materials does not violate the standards of your community, town, city, state, or country. You are solely responsible for any false disclosures or legal ramifications of viewing, reading, or downloading any material on this site. Furthermore, neither this website nor its affiliates will be held responsible for any legal ramifications arising from fraudulent entry into or use of this website. You agree that by viewing and using the content on Sex With Sophie, You are subjecting yourself and any business entity with which you have any legal or equitable interest to the personal jurisdiction of the State of North Carolina should any dispute arise at any time between this website and yourself and/or such business entity.

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You've read and fully understand the above agreement, and you affirm and swear that viewing/downloading/receiving sexually explicit materials does not violate the standards of your community, that you won't make any of the materials available to minors in any form, that you believe it is your constitutional right to view these materials, that you are wholly liable for any legal ramifications that may arise for your receiving or viewing of these materials.

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3. Intellectual Property

Sex With Sophie is protected by U.S. and international intellectual property laws, and you agree to abide by them. Without our prior written consent, you may not download, copy, or store Sex With Sophie content in any form outside of Sex With Sophie, and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any Sex With Sophie content. You agree that all videos, images, text, data and algorithms on our site and our course files and associated servers are “trade secrets” as defined, without limitation, in the Uniform Trade Secret Act and the North Carolina Trade Secrets Protection Act. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights of Sex With Sophie. All intellectual property rights of Sex With Sophie are, as between you and With Sophie, LLC, the sole and exclusive property of With Sophie, LLC.

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When you provide us feedback through customer service channels or by email or social media features, we may use any feedback, comments, or suggestions without any obligations to you.

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4. Your License to Use Sex With Sophie

We are providing you with access to Sex With Sophie pursuant to a limited, non-exclusive, non-sublicensable, non-transferable, revocable license. You can use Sex With Sophie for personal, non-commercial use only and subject to the TOS. This license is available to you as long as you are not barred from Sex With Sophie by applicable law and your account is not terminated by us or by you. If the TOS are not enforceable where you are located, you may not use Sex With Sophie. With Sophie, LLC reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.

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5. Restrictions and Prohibited Uses

Sex With Sophie was made to educate adults about sex via the use of data science, and we are proud of the trust our viewers, listeners, and members place in us. We expect, in turn, that our users do not misuse our products and services. Except with our written permission, you shall not:

• Share your login/password information with others.

• Violate or attempt to violate Sex With Sophie’s security features, including logging into a server that you are not authorized to access or probing the vulnerability of Sex With Sophie systems and networks;

• Redistribute, decompile, reverse engineer, publish, or copy Sex With Sophie;

• Use Sex With Sophie for the purpose of creating a product with a substantially similar look, feel, or design;

• Access or search Sex With Sophie by any means other than our publicly supported interfaces (for example, “scraping”);

• Interfere with others’ use and enjoyment of Sex With Sophie;

• Use or distribute Sex With Sophie for your own scientific or clinical research purposes;

• Attempt to impersonate another person or use another person’s Sex With Sophie account information without authorization;

• Use Sex With Sophie or any trademarks, game names, trade names, service marks, copyrights, or logos of With Sophie, LLC, in unsolicited mailings, spam material, contests or surveys or to create the impression that such items are associated with you;

• Violate any third party’s rights, including intellectual property or privacy rights;

• Threaten, stalk, harm, or harass others; or engage in activity that is fraudulent, abusive, defamatory, illegal, or otherwise inappropriate.

Engaging in prohibited uses is grounds for immediate termination of your Sex With Sophie account and may also subject you to civil or criminal penalties.

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6. Disclaimers

You agree that use of Sex With Sophie is at your own sole risk and that Sex With Sophie is provided on an “as is”, “as available” basis, without warranties of any kind, either express or implied. To the maximum extent permitted by law, With Sophie, LLC and its affiliates, officers, and/or employees expressly disclaim any and all warranties, express or implied, regarding Sex With Sophie, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you.

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With Sophie, LLC strives to maintain Sex With Sophie on a commercially reasonable basis and cannot guarantee that you will have access to Sex With Sophie at all times. Sex With Sophie is not a medical service and is not to be used for the purpose of seeking or providing medical treatment or advice.

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7. Limitation of Liability

In no event shall With Sophie, LLC or its affiliates, officers, and/or employees be liable with respect to Sex With Sophie for (i) in the aggregate, any amount in excess of the fees paid by you to subscribe to Sex With Sophie; (ii) lost profits, lost data, or failure to meet any duty including without limitation good faith and reasonable care arising out of your access to or use of Sex With Sophie; or (iii) any direct, indirect, incidental, punitive, special, exemplary, or consequential damages of any kind whatsoever.

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You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between With Sophie, LLC and you. You understand that Sex With Sophie would not be provided without such limitations. Some jurisdictions do not allow the limitations in this section, so they may not apply to you.

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8. DMCA Contact

We comply with the provisions of the Digital Millennium Copyright Act applicable to service providers. If you have any complaints with respect to material posted on Sex With Sophie, you may contact our designated agent by email at dmca-complaint@sexwithsophie.com.

You must include the following information in your complaint:

• A description of the copyrighted work or other intellectual property that you claim has been infringed;

• A description of the material that you claim is infringing and where it is located on Sex With Sophie;

• Your mailing address, telephone number, and, if available, email address;

• A statement by you that you have a good faith belief that the use of the material on Sex With Sophie is not authorized by the copyright owner, its agent, or the law;

• A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed.

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9. Indemnity

You will indemnify and hold harmless With Sophie, LLC, its affiliates, officers, and/or employees, including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising from your access to Sex With Sophie, Your Content, or the violation of the TOS by you.

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Release. You agree that With Sophie, LLC and its affiliates, subsidiaries, officers, directors, employees, agents, consultants, content providers, partners, or suppliers ("released parties"), shall not have any liability to you under any theory of liability or indemnity in connection with your use of the site. You further agree to hereby and forever release and waive any and all claims you may have against any released parties for any and all claims, causes, damages, or losses under any theory of liability (including attorneys' fees and associated costs and expenses) arising from your use of the site. Notwithstanding the foregoing, our total liability to you by any release party shall not exceed the fees paid by you to us during your membership. In addition, should your claim arise from a purchase made on or through our site, our total damages shall not exceed the cost of the product or service purchased.

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Limitation of Liability. You expressly agree as a condition of using the site that With Sophie, LLC and its directors, officers, employees, contractors, agents, or sponsors are not responsible or liable to you or anyone else for any loss or injury or any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to (i) the use of or inability to use the site; (ii) any content contained on the site; (iii) statements or conduct posted or made publicly available on the site; (iv) any product or service purchased or obtained through the site; (v) any action taken in response to or as a result of any information available on the site; (vi) any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of any content on the site, or (vii) any other matter relating to the site. In no event shall With Sophie, LLC have any liability to you for any and all damages, losses, and causes of action (whether in contract, tort [including, but not limited to, negligence], statutory, or otherwise) exceed the fees paid by you to us for access to the site. In addition, should your claim arise from a purchase made on or through our site, our total damages shall not exceed the cost of the product or service purchased.

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Notices. With Sophie, LLC may deliver notice to you under this Agreement or any other published policy on the Site by email or a general notice published on the Site. With Sophie, LLC will never request any personally identifiable information from you via electronic or postal mail. If you receive an email or postal mail that purports to be from us that requests personally identifiable information from you, specifically, your credit card number or password, please do not reply to that email or request. You may give notice to us via email or by certified U.S. Mail postage prepaid or by nationally recognized overnight courier to the following address: With Sophie, LLC; c/o Notices, 401 Hawthorne Ln., Suite 110-116, Charlotte, NC 28204-2484.

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CLASS ACTION WAIVER. YOU AND WITH SOPHIE, LLC AGREE THAT EACH 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. YOU FURTHER AGREE THAT NEITHER YOU NOR WITH SOPHIE, LLC WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION, OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR WITH SOPHIE, LLC WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.

If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable or that arbitration can proceed on a class basis, then this Agreement to Arbitrate shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate disputes.

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10. General

(a) Severability and Waiver. If any part of the TOS is held invalid or unenforceable, the remaining provisions of the TOS will remain in full effect, and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition in the TOS is not a waiver of its right to do so later.

(b) Governing Law, Jurisdiction, and Venue. Except to the extent preempted by the Federal Arbitration Act (“FAA”), the TOS are governed by North Carolina law without regard to conflict of law provisions. Except to the extent preempted by the FAA, both parties further consent to the personal jurisdiction of and exclusive venue in the federal and state courts in San Francisco County, North Carolina as the legal forum for any dispute between them.

(c) Change Policy. The TOS may be updated from time to time. If we make material changes, we will provide advance notice to you either by email, by posting a notification on Sex With Sophie or by posting an updated TOS on Sex With Sophie at least 30 days in advance of the effective date of the updated TOS. Please note that unless otherwise provided by applicable law, your continued use of Sex With Sophie following the effective date means that you agree with, and consent to be bound by, the updated TOS.

(d) Miscellaneous. The TOS are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the TOS. If there is any conflict between the TOS and any additional terms, conditions, and rules posted by With Sophie, LLC on Sex With Sophie, the TOS shall govern, unless otherwise indicated. Sections 2-10 shall survive any termination of the TOS.