TERMS AND CONDITIONS
Last Updated on February 11, 2013
Please review these Terms of Use (the "Terms") carefully as they form a legally binding agreement between you and NudeWeb ("we," "us," "our," or "NudeWeb") which govern your use of the NudeWeb website (collectively referred to herein as the "Site"). By using the Site and or the service available through the Site (the "Service") you agree to be bound by the Terms. If you do not agree with all or any part of the Terms, you must immediately leave the Site and discontinue use of the Service immediately. Prior to creating an account with the Site, you will be required to provide certain account creation information and tick a box indicating that you have read the Terms and Privacy Policy. We reserve the right to modify these Terms from time to time, as we may determine in our sole discretion. Any changes to these Terms will be posted here and the "Last Updated" date will be revised to reflect the date of such change. Your continued use of the Site or Service following the posting of any such revisions will be deemed your manifestation of agreement to such revisions. In the event that you do not agree to any such revisions you must immediately cease using the Site and Service.
No Minors.
By using or viewing the Site or the Service, you represent and warrant to us that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher (the "Age of Majority"), and are not prohibited by law from using the Site or Service. If you use of the Site or Service in violation of this section, you may be subject to legal action as a result. If you have minors in your household or who use your device(s), you can learn about commercially available internet monitoring and blocking programs at www.cybersitter.com, www.netnanny.com and from other companies, providers or entities. These companies are mentioned for informational purposes only and are not endorsed by NudeWeb in anyway.
Sexually Explicit Content
The Site and Service contains sexually explicit pictures, videos, stories, images, or sounds. If you are offended, you do not wish to be exposed to this type of material, or if it is illegal to view sexually explicit content in your community, you must immediately exit the Site and discontinue use of the Service immediately.
Service.
Our service offers online social networking services including the ability to post photos, view members' photos, send and receive messages, send and receive instant messages, video chart services, forums, branded programming and third party content.
Purchase Options.
Certain aspects of the Service may not function and/or will be capped unless a purchase of tokens is completed. We reserve the right to make certain aspects of the Service subject to a purchase requirement whether or not such aspects of the Service were offered for "free" as of the date you created an account to the Service. We further reserve the right to alter the benefits of your purchase at any time including making certain or all aspects of the purchase option free or at a reduced cost to certain or all persons. We also reserve the right to revise the cost associated with the purchase options to increase or decrease such cost or offer free or reduced fee incentives for purchasing tokens to certain or all persons. You understand and agree that we are under no obligation to offer to you and such decreased cost and/or incentives. In the event that you purchased a promotional, incentivized or reduced rate option, you understand and agree that we reserve the right to change or discontinue, temporarily or permanently, such promotions, incentives or reduced rates without notice. You agree that we are not liable to you or any third party for any modification or discontinuance of any free or reduced rate service upgrades or promotional accounts.
Duty to Provide Accurate Information.
You agree to provide true, accurate, current and complete information about yourself as requested in the Site's registration form and, if applicable, the purchase option form (collectively, the "Registration Data"). In the event that we determine, in our sole discretion, that you have failed to provide us with accurate and up-to-date Registration Data, we reserve the right to terminate and/or suspend all or portions of your membership.
Total Member Numbers
From time to time we may include an estimation regarding the number of members on the Site. Any such estimation will include all accounts created since the inception of the Site as we do not purge inactive accounts. The presence of a member profile should not be taken as a guarantee that the member checks messages. Please note that we do work expeditiously to remove what we believe to be fraudulent/malicious profiles as and when they are reported. We take all such reports extremely serious as we intend for NudeWeb to be a place for like-minded men to communicate and we have no tolerance for individuals abusing our system. If you are contacted through NudeWeb (whether by instant message, chat rooms, messages or otherwise) and believe such contact to be fraudulent/malicious please immediately report the matter to us. support@nudeweb.com.
Rules of Use.
In order to use and maintain your membership with the Site and Service, you must adhere to the following rules of use:
1. You will not use any display name which impersonates or ridicules any third party;
2. You will not use the Site or Service to advertise, link to, reference or promote any third party website or service, including by impersonating the Service or Site;
3. You will not use the Service to engage in any harassing or offensive behavior including, without limitation, posting any libelous, slanderous, abusive, sexist, homophobic, obscene or otherwise offensive language, photographs or other content;
4. You will use the Service and Site solely for your own personal use and you will knowingly share your account information with any third party;
5. You will not use the Site or Service to impersonate any third party whether such impersonation takes place through text, username, photographs or otherwise;
6. You will not use the Site or Service in any way which is in violation of the rights of third parties; and,
7. You will not communicate or post any photographs, messages or other content which depicts or suggests any sexual conduct with anyone who has not reached the Age of Majority or other illegal conduct including, without limitation, incest, necrophilia, scat, urination or bestiality.
We reserve the right to modify, alter or add to this policy, and all users should regularly check back regularly to stay current on any such changes.
In order to ensure that the Service is not abused, NudeWeb may establish general practices and limits concerning use of the Service. These may include but are not necessarily limited to a maximum number of days that messages will be retained by the Service, a maximum number of messages that may be sent from or received by an account on the Service, a maximum size or length of any message that may be sent from or received by an account on the Service, a maximum amount of disk space that will be allotted for your stored messages, a maximum amount of time spent broadcasting and viewing video, photographs or profiles, and a maximum time period and number of times you may have access to the Service in a given time frame.
Privacy Policy
Our Privacy Policy is hereby incorporated by reference. For more information about this Policy, review them online or contact us in writing
Right to Monitor Content
All messages, text, photos, videos or other content uploaded to the Service are subject to review and/or monitoring by us at such intervals and such frequency as we may determine in our sole discretion. If you identify any content that you believe violates these Terms, please contact us at support@nudeweb.com with a description of the situation sufficient so that we can identify the content. We will work as expeditiously as possible to investigate reports as we receive them. You understand that you may not receive a response from us regarding any or all reports of inappropriate content submitted by you.
We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by any other user of the Service, including but not limited to, information regarding a member's age and marital status. Additionally, as users may discontinue or suspend their membership at any time, we cannot guarantee that individuals seen in various advertisements are currently active members. You hereby acknowledge and agree that we have no responsibilities or liabilities for any inaccuracies, intentional or unintentional, made by users or as a result of out of date information.
Responsibility for Login Information.
You understand that you are solely responsible for all uses and purchases made using your username and password. For this reason you should guard your username and password against all third parties including turning off password saving functionalities available in certain web browsers and choosing a password which is difficult to guess. Please notify us immediately of any actual or suspected unauthorized use of your username and password or any other actual or suspected breach of security.
Notice
A. Notice. Any notice required to be given under this Agreement may be provided by email to a functioning email address of the party to be noticed, by a general posting on the Site, or personal delivery by commercial carrier such as Federal Express or Airborne. Notices by customers to Publisher shall be given by electronic messages unless otherwise specified in the Agreement.
B. Change of Address. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of the Agreement.
C. When Notice is Effective. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier (e.g., United States Express Mail or Federal Express) shall be deemed delivered on the business day following mailing. Notices mailed by United States Mail, postage prepaid, registered or certified with return receipt requested, shall be deemed delivered five (5) days after mailing. Notices delivered by any other method shall be deemed given upon receipt. Notices by email and facsimile transmission, with confirmation from the transmitting machine that the transmission was completed, are acceptable under this Agreement provided that they are delivered one (1) hour after transmission if sent during the recipient's business hours, or 9:00 a.m. (recipient's time) the next business day. Either Party may, by giving the other Party appropriate written notice, change the designated address, fax number and/or recipient for any notice or courtesy copy, hereunder.
D. Refused, Unclaimed, or Undeliverable Notice. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the Party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, facsimile machine, email server, or overnight delivery service
Duty to Use Caution in Sharing Information.
You agree to exercise caution in selecting the information you share through the Site and Service, including, without limitation, through your profile, photos, videos, webcams, chats and through messages. We have no control over how any other member or third party may use any information you share or post through the Service.
License to Use the Service.
By creating an account with the Service, we grant to you a limited, revocable license to use the Service. You understand that such license, regardless of whether or not you purchase a Paid option, is not transferrable by you and may not be in any way sublicensed, resold or otherwise shared by you with any third party. You agree that you will not attempt to access any portion of the Site or Service which you are not authorized to access, including attempting to access or utilize the paid portions of the website without purchasing a Paid option.
License to Use Content Uploaded by You.
You hereby grant to us an unlimited right to reproduce content (text, photos, videos and otherwise) provided by you or through your account in connection with the operation, advertising/promotion and maintenance of the Service and Site and their related websites. You specifically understand that any photo or video uploaded by you may be used in connection with advertising for the Site and/or Service and/or their related websites in connection with your username or a different username. In the event that you remove any such content, the information will remain on our servers until such time as it is written over by the upload of additional information. In the event that you do so remove any such information, such removal will not function as a revoke of the license granted herein. If you would like to revoke such license, please send us an email to support@nudeweb.com specifically stating that the prior grant of license has been revoked with respect to certain content and provide us with either a screen capture or sufficient description so that we can identify such content. We reserve the right to request additional information if we feel, in our sole discretion, that we have not been provided with information sufficient to identify the specific content to which you are revoking your consent. The processing for any revocation of consent hereunder may take up to fifteen (15) business days from the date we are able to identify the content to be removed.
We may also modify (including adding our own watermark), display, transmit and create new material using content uploaded by you to support the operation of our systems, including but not limited to, providing introductions to other members or potential members of the Service. By submitting any content to the Site, you understand and agree that NudeWeb and anyone who views content uploaded by you either through the Site, Service or the advertising for same may reproduce, display, distribute and create new works of authorship based on and including the Content.
Member's Obligation to Comply with 18 U.S.C. 2257 With Respect to Certain Content
You should be aware that, pursuant to federal law, any visual depictions that you post on the Site that portray actual sexually explicit conduct, depictions of the genitals or pubic area, or simulated sexually explicit activity, as such terms are defined in 18 U.S.C. 2256 (2)(A)(i)-(v) and 18 U.S.C. 2257A, require that you maintain the records required by 18 U.S.C. 2257 and must contain an "18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement." Your failure to comply with the provisions of 18 U.S.C. 2257 may make you subject to criminal and civil prosecution for the violation of 18 U.S.C. 2257.
No Screening of Members.
You understand that we do not in any way screen, investigate or otherwise confirm any information supplied by any member including, without limitation, any member's location, age, name, photograph, or profession. You understand and agree that we have no liability to you or any third party as a result of any false or misleading information posted by any other member. You further understand and agree that the photos and videos used in advertising by us and/or third parties are photos and/or videos appearing on the Service; however, such photos and/or videos may be used in connection with usernames other than the username under which they appear on the Site and/or Service.
Dating Site Cautions
The following are precautions you should consider when meeting or corresponding with anyone on any dating or social networking website:
(a) Anyone who is able to commit identity theft can also falsify a dating profile;
(b) There is no substitute for acting with caution when communicating with any stranger who wants to meet you;
(c) Never include your last name, email address, home address, phone number, place of work, or any other identifying information in your dating profile or initial email messages. Stop communicating with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it; and
(d) If you choose to have a face-to-face meeting with another member, always tell someone in your family or a friend where you are going and when you will return. Never agree to be picked up at your home. Always provide your own transportation to and from your date and meet in a public place with many people around.
Right to Cooperate with Law Enforcement.
We reserve the right to investigate, cooperate with law enforcement and prosecute (both civilly and criminally) any misuse of the Site or Service, including actual or suspected misuse of billing information, a suspected or actual breach of the Rules of Use or any other suspected activity not in full compliance with the letter and spirit of these Terms.
Messages to You.
In connection with providing the Service, we may determine to send emails to the email account provided by you. Such emails may contain information regarding promotions, the status of your account, alerts related to other members viewing your account or who have attempted to add you as a "friend" or otherwise communicate with you, other members in your area or who share similar interests and other information related to your account with NudeWeb. In the event that you no longer wish to receive promotional emails or emails regarding other members in your area or who share your interests, you should contact us at support@nudeweb.com.
Introductions
The Site may cause pop-ups to display as a system notification on your screen while you are viewing the Site. These system notifications may or may not indicate they have been initiated by the Site and may provide you with limited information about other members of the Site and/or such member's activity on the Site. The system notifications may prompt you to initiate dialogue with other member(s) If you wish to initiate dialogue , you should realize it is possible that the member with whom you wish to initiate dialogue may not respond for various reasons including, without limitation, the member is not interested in responding, may not be actively monitoring his/her account and/or may no longer be available.
No Infringement on Third Party Rights
As mentioned in our Rules of Use, you agree not to use the Service to post, display or disseminate any content that infringes on the rights or intellectual property of any third party. You warrant that for any content you post, display or otherwise disseminate through or on the Service:
1. Such content is owned by you or you otherwise have the right to grant to us a license as set forth herein; and
2. Such content does not violate the privacy rights, publicity rights, copyrights, contract rights, rights of publicity, or any other rights of any third party. You agree to indemnify and hold us harmless from any against any and all royalties, fees and all other amounts which are or may become due as a result of any content you post, display or otherwise disseminate through the Service.
Obligation Not to Misuse Member Information.
Information posted or displayed on the Service by other members is solely for the purpose of social networking with other members of the Service. Such member information includes, without limitation, phone number, email address, work or home address, frequented locations, instant message account information, photographs, name or any other personal or identifying information. You may not data scrape, copy, aggregate, redistribute, alter, reproduce or re-use any other member's or members' information for any purpose, without our or the applicable member's/members' express written permission.
Renewal, Disputes and Billing
All token purchases are a one time purchase. When a member wishes to obtain additional tokens, a new purchase will be required. All disputes regarding any billing must be submitted to NudeWeb within sixty (60) days of the date of such billing or you will be deemed to have irrevocably waived such dispute. You understand and agree that all payment processing for any purchase made by your account (including, without limitation items we may offer from time to time) will be carried out by one of our third party payment processors through their secure server. Any such purchase will be subject to the terms of use of such third party. For this reason, prior to providing any of your payment information you agree to review such third party processor's terms of use.
Effect of Cancellation.
Export Controls.
The Site and Service must not be viewed or used in, or exported or re-exported to, any jurisdiction in which the access, viewing, downloading, or other use of the Site or Service would or could reasonably constitute a violation of any law, regulation, rule, or custom. The Site and Service must not be accessed by (i) anyone located in China, Cuba, Iran, Iraq, Libya, Pakistan, Saudi Arabia, and Syria, or any other country under U.S. embargo; or (ii) any person or entity on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. The foregoing groups are not exhaustive, and you are solely responsible for complying with the laws, regulations, rules, and customs in your own jurisdiction.
Third Party Advertisements.
The Site and Service may contain links to affiliated and unaffiliated third party websites. NudeWeb is not responsible for the content of any third party's advertisement or website. You understand that in the event you click on any advertisement or visit the webpage of any such third party website, these Terms will not apply and may be subject to such third party's own terms and conditions.
Merger or Acquisition.
You understand that NudeWeb is a growing company and that we may in the future sell all or any portion of the Site and/or Service by way of sale, merger or otherwise. You understand that in order to effectuate such partial or whole transfer of the Site and/or Service, NudeWeb shall have the right to share and/or transfer all or part of your account information.
Limitations of Liability.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS, WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES. YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU FOR ANY ALLEGED BREACH OF THIS AGREEMENT BY US, OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF TOKEN PURCHASES YOU HAVE PAID US IN THE PRECEDING SIX MONTH PERIOD.
Disclaimer of Warranties.
The Service is distributed on an "as is" basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by us or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. If you are a California resident, you waive California Civil Code 1542, which states "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Indemnification.
You agree to indemnify us, our affiliated entities, officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of these Terms or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
Governing Law and Severability.
By accessing or viewing the Site, you irrevocably agree that all use of the Site and Service, including the receipt of emails by you, shall be governed by the laws of the state of New Jersey without regard to its conflict of laws provisions and any disputes arising out of these Terms will be subject to the exclusive jurisdiction of an appropriate court in Monmouth County, New Jersey. If any provision of these Terms is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.
