This Website User Agreement (herinafter referred to as "Agreement") describes the terms and conditions applicable to your use of http://www.nakedtube.com (hereinafter "WEBSITE"), owned by NakeTube, Inc., a Florida Corporation (hereinafter referred to as "COMPANY"). This Agreement constitutes an agreement between YOU, the user/viewer of this WEBSITE (hereinafter "YOU"), and the COMPANY. If YOU do not accept the terms of this Agreement, YOU may not enter, register, use, upload content or otherwise access this WEBSITE.
BY ENTERING AND/OR USING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS CONTAINED HEREIN AND AGREE TO BE BOUND TO ANY REVISIONS MADE TO THE TERMS CONTAINED HEREIN, WHICH MAY BE MADE BY THE COMPANY AT ANY TIME AND WITHOUT NOTICE TO YOU AND THEREFORE YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO VISIT THIS PAGE AND REVIEW ITS CONTENTS EACH TIME AFTER YOU HAVE ENTERED AND OTHERWISE LOGGED INTO THE WEBSITE IN ORDER TO DETERMINE THE CURRENT WEBSITE USER AGREEMENT PRIOR TO EACH SEPARATE USE.
By accessing, viewing and otherwise using this WEBSITE, YOU certify and represent to the COMPANY the following information and statements, and YOU hereby certify to the COMPANY that YOU acknowledge and understand that the COMPANY is relying upon the truthfulness and accuracy of each such certification by YOU:
Any person who uploads any content regulated by Section 2257 of Title 18 of the United States Code represents and warrants that he/she will at all times maintain the records required by Section 2257 of Title 18 of the United States Code with respect to visual depictions of actual sexually explicit conduct, nude images or otherwise obscene images in the manner required under Section 2257 of Title 18 of the United States Code. These requirements include the following records on file available for inspection for every explicit picture/video YOU submit:
Additionally before you upload any image or video clip depicting actual sexual explicit conduct, obscene images or any content that is otherwise regulated under U. S. 18, Section 2257 must provide the name of the primary producer of such image or video clip and the address where the Custodian of Records of such Primary Producer is located.
As a condition of your entry and use of WEBSITE, YOU agree that YOU will not use the WEBSITE or its contents for any commercial purposes or for any purpose that is unlawful or prohibited by these terms. In addition, YOU agree not to use the WEBSITE in any manner that could damage, disable, overburden, or impair the WEBSITE or interfere with another person's use and enjoyment of the WEBSITE.
The Company may, at its sole discretion, remove any content that in the COMPANY’S judgment, does not comply with the terms and conditions contained in this Agreement or is otherwise harmful, objectionable or contains illegal content. Additionally, the COMPANY will remove any materials which violate the privacy rights of any person promptly after the COMPANY has been notified by any such person(s) that their image, picture, video or likeness has been uploaded onto the WEBSITE without their permission. Furthermore, the COMPANY shall also take reasonable action to destroy each such visual depiction and shall report the matter to the appropriate law enforcement agency and to afford that agency access to each such visual depiction. Repeated abuse of the website and/or general disregard of the website policies may lead to the removal of posted content and/or denial of access.
The Company retains all right, ownership, title and interest in the name "NakedTube", whether or not the Company has applied for or has been granted any such protections under State and/or Federal law. All other trademarks or service marks are owned by their respective companies. The phrase "NakeTube" or "Naked Tube" may be used publicly only with express written permission from the Company. Other trademarks and service marks featured on the WEBSITE are displayed pursuant to licenses obtained from the owners and/or holders of those trademarks and service marks, and may not be used publicly without the express written consent of the owners and/or holders
YOU may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information whether owned by the COMPANY or any third party without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if YOU believe that any materials have been copied and posted on the WEBSITE service in a way that constitutes copyright infringement, please provide the COMPANY with the following information consistent with the Digital Millennium Copyright Act (DMCA): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that YOU claim has been infringed; a description of where the material that YOU claim is infringing is located on the WEBSITE including the URLs of web pages and/or hyperlinks; YOUR address, telephone number, and email address; a written statement by YOU that YOU have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by YOU, made under penalty of perjury, that the above information in YOUR Notice is accurate and that YOU are the copyright owner or authorized to act on the copyright owner's behalf.
It is the intention of the COMPANY to fully comply with the DMCA, including the Notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and "take down" requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference.
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify the webmaster at exposeyourself@nakedtube.com.
The COMPANY provides a forum for the uploading of the materials on this WEBSITE for the personal, non-commercial use by viewers, fans, visitors, subscribers and/or potential subscribers of the WEBSITE. YOU, as a user/viewer of the WEBSITE are granted a single, revocable license to view the content contained on this WEBSITE and/or upload content onto this WEBSITE (on a single computer only). That the viewing of said information does not constitute the right to print or copy of any of the information made available for viewing on this WEBSITE. The viewing of information on this WEBSITE is for personal, non-commercial use only. The Company reserves the right to limit the amount of materials viewed. Commercial use of any material located on it, is strictly prohibited. In addition, users of this WEBSITE may not:
COMPANY does not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to COMPANY shall be deemed to be readily accessible to the general public. Visitors should not use this WEBSITE to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into this WEBSITE can and may be read by the operators of this service, regardless of whether or the operators are the intended recipients of such messages.
THE MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THIS WEBSITE. COMPANY MAY CHANGE ANY OF THE INFORMATION FOUND AT THIS WEBSITE AT ANY TIME WITHOUT NOTICE INCLUDING THE TERMS OF SERVICE WITHOUT NOTICE. COMPANY MAKES NO COMMITMENT TO UPDATE THE INFORMATION FOUND AT THIS WEBSITE.
Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will the COMPANY be liable to YOU or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including any lost profits arising from your use of the WEBSITE. YOU further agree to indemnify and hold harmless the COMPANY, its affiliates, successors and/or assigns, officers, directors, shareholders, employees and agents, for any claims which are brought or demanded of the COMPANY arising from the upload of any images, videos or other materials by YOU which is offensive, illegal, harmful, inaccurate and/or deceptive or otherwise done without the permission of any persons whose picture or image appears in such materials. Notwithstanding anything to the contrary contained herein, the COMPANY’s liability to YOU will at all times be limited to the amount paid, if any, by YOU to the COMPANY for your use of the WEBSITE, for any claim or cause of action whatsoever and regardless of the form of the claim or cause of action So brought.
YOU may only establish a hypertext "link" to this WEBSITE and/or distribute, modify or re-use the text or graphics of this WEBSITE after obtaining written permission from WEBSITE owner allowing YOU to do so.
This WEBSITE may contain links to other websites which are controlled by third parties. Those linked websites are not under the control of the COMPANY nor is the COMPANY responsible for the contents of any linked website. The COMPANY is providing those links to YOU only as a convenience, and the inclusion of any link does not imply endorsement by WEBSITE owner of any linked WEBSITE. Pursuant to the terms of service YOU understand that the act of clicking on a third party link is the act of leaving the WEBSITE. YOU the user agree to indemnify and hold harmless the COMPANY, its directors, officers, employees, agents, vendors, advertisers, and clients from any claim arising from
YOU the user agree to indemnify and hold harmless the COMPANY, its affiliates, successors and/or assigns, its directors, officers, shareholders, employees or agents from and against any and all claims made against the COMPANY arising from:
When YOU register with the WEBSITE YOU are asked to provide Your e-mail, username and password. When YOU participate in special events such as contests and polls, YOU may be asked to provide your e-mail, username and password. When users request pages from the server, the Web server automatically collects some information about the users, including their IP addresses. The COMPANY will not disclose any such information about YOU unless requested via a subpoena, court order, or local, state, federal or international law enforcement request too release such information. The COMPANY also collects information regarding your use of the WEBSITE through the use of cookies. If YOU send COMPANY personal correspondence, such as emails or letters, we may collect such information into a file specific to YOU. COMPANY will maintain a record or notes of communications with YOU. COMPANY does not, and will not, distribute, rent or sell any personally identifiable information to third parties without your express consent. The COMPANY may use your e-mail address to send periodic e-mail newsletters and promotional e-mail to YOU about services and products offered by the COMPANY, if such communication has been requested by YOU. YOU will not receive any e-mail unless YOU have requested it and YOU can indicate at any time that YOU do not wish to receive e-mail correspondence from the COMPANY. The COMPANY will not provide you e-mail to third parties without YOUR express consent.
The COMPANY recognizes the importance of protecting YOUR privacy. If YOU have any questions about this Privacy Statement, the practices of this WEBSITE or YOUR dealings with this WEBSITE, please contact COMPANY at exposeyourself@nakedtube.com. Please note that persons under the age of 18 are prohibited from viewing the WEBSITE, and WEBSITE owner does not collect any personal information from persons under the age of 18. The COMPANY is not responsible for the content or the privacy polices of other websites to which links are provided for under this WEBSITE.
If YOU believe that YOUR privacy rights or publicity rights have been violated by information or material that is accessible on the WEBSITE, the COMPANY will remove the same after notification by YOU and after due verification, and within reasonable time.
The language in this agreement shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or related to this Agreement shall be brought solely in a court of competent jurisdiction within Polk County, Florida and YOU hereby expressly agree to submit to the personal jurisdiction of any such court of competent jurisdiction located in Polk County and consent to extra-territorial service of process. Further, YOU waive any right to challenge the selection of jurisdiction; said right of selection of jurisdiction being granted by YOU to COMPANY as part of the consideration of the use of this WEBSITE by YOU.
This WEBSITE is controlled and operated by the COMPANY and its representatives from offices in United States of America. The COMPANY makes no representation that the materials available on this WEBSITE are appropriate or available for use in other locations, and access to them from jurisdictions where their contents are illegal is prohibited. These provisions of this Agreement are to be governed and construed by the laws of the State of Florida, without regard to conflict of laws principles.
Notices by WEBSITE owner to customers shall be given by means of electronic messages or by a general posting on the WEBSITE. Notices by customers to WEBSITE owner shall be given by electronic messages unless otherwise specified in the agreement. All questions, complaints, or notices to WEBSITE owner by means of electronic message must be sent to exposeyourself@nakedtube.com
Should any provisions of this Agreement or a portion thereof be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.
This Website User Agreement constitutes the entire agreement between the COMPANY and YOU, the user and member, and supersedes any previous agreements between YOU and the COMPANY. Any non-enforcement of this agreement by the COMPANY shall not be considered a waiver of rights.
In the event any party brings an action to enforce any provisions of this Agreement, whether such action is at law, in equity, or otherwise, and such party prevails in such action, such party shall be entitled, in addition to any other rights or remedies available to it, to collect from the non-prevailing party or parties the reasonable costs and expenses incurred in the investigation preceding such action and the prosecution of such action, including but not limited to reasonable attorney fees and court costs.
By clicking "I Agree", YOU certify to the COMPANY that the statements in Section A of this Agreement are true and accurate and YOU agree to obide by and otherwise be bound to the terms and conditions stated above before accessing and/OR using this WEBSITE.