Naked.com
Last Updated: Feb 10, 2014
When you subscribe to any service within the Naked.com site (the "Site"), all hereinafter referred to collectively as the "Service", you agree to all terms and conditions of this Agreement. Please read the following terms and conditions carefully as they form the agreement between Donamis, LLC (hereinafter "Company", “we”, "us" or "us") and you (sometimes hereinafter " you will, "" your "or" User ") (the agreement is hereinafter the" Agreement "). IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE, AND SHOULD NOT PROCEED TO REGISTER. BY USING THE SERVICE YOU THE ACCEPTANCE OF THIS AGREEMENT, INCLUDING ALL AMENDMENTS MADE FROM TIME TO TIME.
TERMS AND CONDITIONS OF THE SERVICE
User Agreement
This Agreement constitutes the agreement between the Company and you with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service.
Service Agreement
1. Right of use
Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service or the Site at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.
2. Adults only
THIS SERVICE IS FOR ADULTS ONLY! You represent, warrant and covenant that you are at least 18 years old or the age of majority in your jurisdiction, whichever is older (the "Age of Majority"). The Site and Service are intended for adults only. By using the Site and Service you agree that you have reached the Age of Majority. We reserve the right to terminate your account if we, in our sole and absolute discretion, believe you are in violation of this section. We additionally reserve the right to terminate your account and report you to the proper authorities in the event that we suspect, in our sole and absolute discretion, that someone who is not the Age of Majority has used your account.
3. Code of Conduct
You agree to use the Service in accordance with the following Code of Conduct:
a) You are solely responsible for any information that you post, display or say through the Site and/or Service.
b) You are aware that the Service contains explicit adult oriented materials provided only by and to consenting users who are at least the Age of Majority.
c) You will not use the Service to engage in any form of harassment or offensive behavior, including, but not limited to, the posting or sharing of any message, picture or recording, which contains may be libelous, slanderous, harassing, abusive or defamatory statements, or racist, obscene, offensive or other language which does not coincide with your local laws and standards.
d) You will not post any message, picture or recording or use the Service in any way which:
i. violates, plagiarizes or infringes upon the rights of any third party, including, but not limited to, any copyright or trademark law, privacy or other personal or proprietary rights, or
ii. violates any state or federal law.
e) You will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;
f) Your use of the Service is for your own personal use. You may not allow others to use the Service and you may not transfer accounts with other users;
g) You will not use the Service to infringe on any privacy right, property right, or other civil right of any person;
h) You will not forward any chain letters through the Service;
i) You will not contact outside of the Service, nor request any contact information from, any of the models on the Service unless you had a relationship with such model prior to contacting the model through the Service;
j) You will not send money or goods to any model(s) except as permitted through the Service;
k) You will not provide any personal information to any model(s) or request any personal information about any model(s). Such information may include, without limitation, full legal name, date of birth, address, phone number, email address, banking information, financial information, credit card information, social security number, income information or any other such information.
4. Privacy and Use of Information
As more fully set forth in our Privacy Statement, your personal information will not be resold by us to any third party. Please note that our Privacy Policy applies only to our use of your information. This Privacy Policy is not binding upon any users or models on the Service.
As with all internet interaction, you should exercise caution in the information you share with anyone on the Service. This information is not confidential and you should not consider any information shared with any model(s) on the Service as information shared with the Company. Models on the Service are independent contractors of studios who have contracted with the Company to access the Service.
5. Content Posted on Site
By agreeing to the Terms and Conditions of this Agreement, you represent and warrant that all images you upload to the Site do not in any way infringe on anyone's intellectual property rights. The Company hereby asserts immunity with respect to all content provided by members or other third parties, as provided by law, including, but not limited to, under the Communications Decency Act. Members and others are prohibited from uploading, sharing or in anyway sharing or describing to anyone on or through the Site/Service any images or matters which, in our sole opinion, might be illegal or offensive, including, but not limited to, any content involving bestiality, urination, other bodily excretions, defamatory material or otherwise obscene material or any conduct that violates the prohibitions set forth under "Code of Conduct", above, or any other provision of this Agreement. You may not use the Service or the Site to solicit any information that might be used for unlawful purposes or encourages unlawful activities. Additionally, the Company reserves the right, in the Company's sole discretion, to immediately suspend your account, file for injunctive relief, file for civil redress and/or report any such conduct to any and all law enforcement that may have jurisdiction over the matter. In the event any actions or proceedings are brought against the Company as a result of your use of the Service and/or breach of this Agreement, you agree to indemnify and hold the Company harmless with respect to all costs and expenses, including, but not limited to, attorneys' fees that the Company may incur as a consequence of your use of the Service and/or misuse of this Agreement.
6. 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, share or perform on the Site which 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)-(iv) and 18 U.S.C. 2257A, require that you maintain the records required by 18 U.S.C. 2257 and any such postings 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.
7. Use of Information on Service
You acknowledge and agree that:
a)We cannot ensure the security or privacy of information you provide through the Internet, or otherwise; you release us from any and all liability in connection with the breach of the security of such information and/or messages and with respect to the use of such information by other parties.
b)We are not responsible for, and cannot control, the use of any information, by anyone (whether they be users or members of the Service or models on the Service), which information you provide to any other parties through the Service, and you should use caution in selecting the personal information you provide to others through the Service.
c)We cannot assume any responsibility for the content of any message sent by any user or model on the Service, and you release us from any and all liability in connection with the content(s) of any communication(s) you may receive from other users.
d)Contacting any model of the Service outside of the Service or requesting or providing contact info to any model to contact you outside of the Service is prohibited.
e)You acknowledge that you cannot bring legal action against the Company or any of its employees, officers or agents for any damages of any kind, under any theory, as a consequence of using the Service, and
f)Any and all images uploaded to the Service and/or Site become property of the Company and may be used by the Company, without any restriction(s), as marketing materials.
g)You may not use the Service for any unlawful purpose. We may refuse to grant you or discontinue your use of a user name, for whatever reason, including, but not limited to, that the user name you have chosen impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.
8. Notice of Claimed Infringement
The Site respects the intellectual property of others, and we ask our members and others to do the same. We voluntarily observe and comply with the United States' Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Service's Designated Copyright Agent the following information:
a)an electronic or physical signature of the person authorized to act on behalf of the owner of copyright or other intellectual property interest.
b)description of the copyrighted work or other intellectual property that you claim has been infringed;
c)a description of where the material that you claim is infringing is located on a Site;
d)your address, telephone number, and email address;
e)a 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; and
f)a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. You may send your Notice of Claimed Infringement to:
Lawrence G. Walters
195 W. Pine Ave.
Longwood, FL 32750-4104
Fax: (407) 774-6151
Notice@DmcaNotice.com
Do not send other inquires other than copyright issues or information to our Designated Agent. All other inquiries should be sent to: partners@naked.com
9. Monitoring of Information
We reserve the right, but have no obligation, to monitor any messages or chats that take place through the Service, whether those chats that take place in "Public" mode, "Private" mode, "Spy" mode, or any other mode that the Company may determine to offer from time to time. We are not responsible for any offensive or obscene material(s) that may be in anyway transmitted by any and all users or models (including unauthorized users, as well as the possibility of "hackers"). As noted above, we are also not responsible, under any circumstances, for the use of any personal information, by anyone, that you in anyway transmit through the Service.
10. Termination of Access to Service
We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the Service at our sole discretion, and we reserve the right to refer such activity to any and all appropriate law enforcement agencies.
11. Proprietary Information
The Service contains information, which is proprietary to us and/or users of the Service. We assert full copyright protection in the Service. Any information shared or posted by us or users of the Service may be protected whether or not it is identified as proprietary to us or to the user. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.
12. No responsibility
We are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever, which may arise out of or relate to your use of the Service, including but not limited to lost revenues, profits, business or data, or damages resulting from any viruses, worms, "Trojan horses" or other destructive software or materials, or communications by you or other users of the Service, or any interruption or suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous 3 months before the action accrued. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time, please see details on cancellation below.
13. Security
Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third party.
14. Other links
The Service may from time to time contain links to other sites and resources ("External Links"). We are not responsible for, and have no liability as a result of, the availability of External Links or their contents.
15. Indemnity
You agree to indemnify us, our 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 this Agreement 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.
16. No 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 the Company 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.
16. No 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 the Company 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.
17. Modifications
We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
18. Disclosure and Other Communication
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any related products and services offered by the Company or it's affiliated entities. We reserve the right to disclose information about your usage of the Service and Demographics in forms that do not reveal your personal identity.
19. Complaints
To resolve a complaint or report regarding the Service, or members who use the service, users must send an email detailing the complaint to webmaster@beta2.naked.com. Immediate actions will take place in order to help solve the problem.
20. Registration
You may become a member of the Service by completing an online registration form, which must be accepted by the Company, and by payment of the applicable subscription fee. Upon submission of the online registration form, the Company or its authorized agent will process the application. In connection with completing the online registration form, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member . You must promptly inform the Company of all changes to the registration data, including, but not limited to, changes in your address and changes in the credit card information you used in connection with billing for the Service. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse your current or future use of the Service and Site, as well as possibly subjecting you to criminal and civil liability. You are responsible for dishonored checks, inappropriate "chargebacks" or credits to your credit card and any related fees that we incur with respect to your account.
21. Bonus Membership
As of the date of these terms, Users may, upon creating an account with the Site, receive a free bonus membership to Fling.com. We reserve the right to discontinue or reinstate this bonus membership program at any time with or without amending this Agreement. If you are selected to receive a free bonus membership to Fling.com, you may log onto Fling.com using your Site user name and password to fill out the profile information. Your use of the Fling.com service will be subject in all respects to Fling.com's Terms of Use. Reference is made to Section 7 hereof, entitled "Use of Information on Service".
22. Member Account, Password and Security
As part of the registration process, you will be issued a unique user name and password which you must provide in order to gain access to the non-public portion of the Service. You certify that when asked to choose a username you will not choose a name which falsely represents you as somebody else or a name which may otherwise be in violation of the rights of a third party. We reserve the right to disallow the use of usernames that we, in our sole discretion, deem inappropriate. We reserve the right to modify any materials on the Site, including the Service, and its design at anytime, with or without prior notice. We reserve the right to cancel, at any time, the membership of any member who uses their selected username in violation of these Terms and Conditions or in any other way we, in our sole discretion, deem inappropriate. Your membership, the ID and password are nontransferable and non-assignable. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to the Service to anyone who is below the Age of Majority, or otherwise does not wish to view the content on the Site. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. We will not release your password for security reasons. You agree to (a) immediately notify the Company of any unauthorized use of your user name and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You agree that you are solely liable and responsible for any unauthorized use of the Service using your account until you notify the Company by email regarding that unauthorized use. Unauthorized access to the Service is illegal and a breach of this Agreement. You agree to indemnify the Company with respect to all activities conducted through your account. You may obtain access to your billing records upon your reasonable request.
23. Fees
The Service is billed based on credits purchased by you. When purchasing credits you will be redirected to a secure server before completing your purchase. We reserve the right to change the cost per credit at anytime and you accept that it is your responsibility to check the current price per credit before making any purchase. You agree to be solely liable for any purchase(s) of credit(s) or expenditure(s) of credit(s) made using your user name and password information. Currently the Service offers previously recorded content for “purchase” (the "Recorded Content"). The Recorded Content may be offered for "purchase" individually or in groupings. When “purchased” the Recorded Content may be viewed by you at any time on a streaming basis until such time as the "purchased" Recorded Content (whether an individual video or multiple videos) is no longer available (either temporarily or permanently) through the Service. Recorded Content may become unavailable for numerous reasons including, without limitation, one or more persons in the Recorded Content requests its removal, one or more performers in such Recorded Content’s account is closed/terminated and/or the Service determines to no longer offer the content as permitted under the Communications Decency Act. Content may also be removed in the event that we determine to downsize or terminate the ability to "purchase" Recorded Content.
24. Billing Errors
If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.
25. Binding agreement
By supplying us with all the required information and signing up as a member you acknowledge and affirmatively state that you have read, and understand the terms set forth herein and that you agree to be bound by the terms and conditions hereof.
25. Binding agreement
By supplying us with all the required information and signing up as a member you acknowledge and affirmatively state that you have read, and understand the terms set forth herein and that you agree to be bound by the terms and conditions hereof.
26. NO WARRANTIES, LIMITATION 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. THE COMPANY EXPRESSLY DISCLAIMS 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 NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE COMPANY 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 THE COMPANY'S MAXIMUM LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT, OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF MEMBERSHIP FEES YOU HAVE PAID US.
27. Severability
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
28. Arbitration
All Disputes (including any dispute relating to the arbitrability of this Agreement or any provision of this Agreement or any other dispute relating to arbitration) must be submitted to arbitration before and in accordance with the arbitration rules of the American Arbitration Association in accordance with its commercial arbitration rules. The term "Dispute" means any controversy or claim arising out of or relating to the Site or the Services or this Agreement, or any breach thereof, including any claim that this Agreement, or any part of this Agreement is invalid, illegal or otherwise voidable or void.

The provisions of this Arbitration Section must be construed as independent of any other covenant or provision of this Agreement; provided that if a court of competent jurisdiction or arbitrator determines that any such provisions are unlawful in any way, such court or arbitrator is to modify or interpret such provisions to the minimum extent necessary to have them comply with the law. Notwithstanding any provision of this Agreement relating to under which state’s laws this Agreement is to be governed by and construed under, all issues relating to arbitrability or the enforcement of the Agreement to arbitrate contained herein are to be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and the federal common law of arbitration.

Judgment upon an arbitration award may be entered in any court having competent jurisdiction and will be binding, final and non-appealable. You and the Company hereby waive to the fullest extent permitted by law, any right to or claim for any punitive or exemplary damages against the other and agree that in the event of a dispute between them, each shall be limited to the recovery of any actual damages sustained by it.

This arbitration provision is self-executing and will remain in full force and effect after the expiration or termination of this Agreement. In the event either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear.

Arbitration take place in Miami-Dade County, Florida, exclusively.

You and the Company hereby agree that no action (whether for arbitration, damages, injunctive, equitable or other relief, including rescission) will be maintained by any party to enforce any liability or obligation of the other party, whether arising from this Agreement or otherwise, or any other Dispute, unless brought before the expiration of the earlier of one year from the occurrence of the facts giving rise to such claims or within 90 days from either the actual discovery of the facts giving rise to such claims or from the date on which the party should have, in the exercise of reasonable diligence, discovered such facts.

The obligation to arbitrate is not binding upon the Company with respect to claims relating to its trademarks, service marks, patents, copyrights, or other intellectual-property rights, or requests for temporary restraining orders, preliminary injunctions or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute between the parties.

The prevailing party will be entitled to receive from the non-prevailing party its costs relating to the arbitration proceeding including but not limited to, the arbitrator's fees, attorneys' fees and costs, witness fees, transcription fees, etc. and sales and use taxes thereon, if any.

You and the Company each acknowledges and agrees that it is the intent of the parties that arbitration and litigation between the parties will be of the parties' individual claims, and that none of their respective claims may be arbitrated or litigated on a class-wide basis
29. Cancellation By User
You may cancel your membership at any time through your account settings options. You hereby agree to be personally liable for any and all charges incurred by your username and password until you terminate your membership as provided herein. In the event that you cancel your account no refund, including any membership fees, will be granted; no online time or other credits will be credited to you or can be converted to cash or other form of reimbursement. Upon our processing of your request to cancel your membership, you will no longer have access to the non-public areas of the Service to which you were a member.
30. Termination by the Company
Without limiting other remedies, the Service may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and use of the Service and refuse to provide our services to you at any time, with or without advance notice, if: (a) the Company believes that you have breached any term of these Terms and Conditions, (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause legal liability for you, our users or us; or (d) the Company decides to cease operations or to otherwise discontinue any of the Site or parts thereof. Further, you agree that neither the Company, nor any third party acting on our behalf, shall be liable to you for any termination of your membership or access to the Service. You agree that if your account is terminated by the Company, you will not attempt to re-register as a member without prior written consent from the Company.
31. After Termination or Cancellation
You accept that when you cancel your membership with the Service, unless you request that the account be permanently closed, you will be able to log in again. If you request your account be permanently closed, you will be locked out of your account and unable to access any of your account information on the Service. You also agree and accept that upon cancellation your account, any mail and all other membership materials will be immediately deleted from the Site and Service and that such information will be irretrievable.