1.Acceptance
By using and/or visiting the Nudevibes website (collectively, including but not limited to all Content, Uploads, RSS, User Submissions available through Nudevibes.com, 'Nudevibes', the website) you agree to the terms and conditions contained herin and the terms and conditions of Nudevibes privacy policy incorporated herin, and all future amendments and modifications (collectively referred to as the 'Agreement'). By clicking the agree button below, you agree to be bound by these terms and conditions. If you do not agree to be bound the terms and conditions contained herein, then do not use NudeVibes.com. Nudevibes may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use Nudevibes.com2.Description of Service
Nudevibes is a website that makes available to its viewers content generated by third-parties. The website is a resource for people who want to upload, share and general viewing various types of content allowing registered and unregistered users to share and view visual depictions of adult content. The Nudevibes website may also contain certain links to third party websites which are in no way owned or controlled by Nudevibes. Nudevibes assumes no responsibility for the content, privacy policies, practices of any and all third party websites. Nudevibes cannot censor or edit the content of third party sites. You acknowledge that Nudevibes will not be liable for any and all liability arising for your use of any third-party website. Nudevibes grants you a personal, non-exclusive, non-transferable, limited, and revocable license to view the Content and Website subject to the terms of this Agreement. You may access, transfer, or use the Website on such software, personal computers, and/or devices as authorized by us or our content delivery providers.3. RSS Feed Access
We offer RSS feeds as a free service to individuals for private, non-commercial use. You may not redistribute. All other uses are prohibited, including placing advertising into, around, or targeted towards the Nudevibes.com RSS content. You must use the RSS feeds as provided by Nudevibes.com, and you may not edit or modify the text, content or links supplied by Nudevibes.com. Content from the Nudevibes RSS Feed may not be accessible via any sort of download software or platform. Nudevibes.com does not represent that the Service is reliable, accurate, complete, or otherwise valid. THE SERVICE IS PROVIDED 'AS IS' WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. NUDEVIBES.COM EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Nudevibes.com RSS service may be used only on platforms that include a functional linking such that, when clicked, takes the viewer directly to the destination of the original link. You may not display Nudevibes.com’s RSS content in a way that prevents successful linking to, redirection to or delivery of such links. You may not insert any intermediate or other page, or any other content, between the RSS link and the appropriate Nudevibes.com link. Nudevibes.com retains all ownership and other rights to all Nudevibes logos, platforms and trademarks used in connection with Nudevibes.com’s RSS content.. You must provide attribution to the Nudevibes.com network website in connection with your use of Nudevibes.com’s RSS feeds. If you provide this attribution using a graphic, you must use the logo from the appropriate Nudevibes.com network website that is incorporated into the RSS feed. Nudevibes.com reserves the right to discontinue providing RSS feeds at any time and to require you to cease displaying, distributing or otherwise using any or all of the Nudevibes.com RSS feeds for any reason. Nudevibes.com expressly disclaims all liability for any of your activities in connection with the RSS feeds or for your use of the RSS feeds in connection with your website.4.Website Access
In order to use Nudevibes.com. You affirm that you are at least 18 years of age, or the applicable age of majority in the jurisdiction where you reside and from which you access the Website, because the Website is prohibited for those not meeting this requirement. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 years of age, or under the age of majority in the jurisdiction where you reside or from which you access this Website, then you do not have permission to use the Website. You may be asked to provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Website.5.User Conduct
You acknowledge and agree that you shall be responsible for your own user submissions and the consequences of posting, uploading, publishing transmitting or other making them available on Nudevibes. You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on Nudevibes content which is illegal, unlawful, harassing, harmful, threatening, tortuous, abusive, defamatory, obscene, libelous, invasive of one's privacy including but not limited to personal information, hateful, racial. You also agree that you shall not post, upload, publish, transmit or make available in any way on Nudevibes software containing viruses or any other computer code, files, or programs designed to destroy, interrupt, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment. You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on Nudevibes content which is intentionally or unintentionally violating any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside and elsewhere, including but not limited to any laws or regulations relating to securities, privacy, and export control; engage in, promote, You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on Nudevibes content depicting illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals; You agree not to use Nudevibes in any way that exposes Nudevibes to criminal or civil liability. You agree that Nudevibes shall have the right to determine in its sole and unfettered discretion, what action shall be taken in the event of any discovered or reported violation of the terms and conditions contained herein.6. Intellectual Property Rights
The content on the Nudevibes Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Nudevibes, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website and RSS Feed is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Nudevibes reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You may not download any content from Nudevibes.com You agree not to circumvent, disable or otherwise interfere with security related features of the Nudevibes Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Nudevibes Website or the Content therein.7. User Submission
The Website permits the submission of User Submissions and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Nudevibes does not guarantee any confidentiality with respect to any submissions. You acknowledge and agree that Nudevibes and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, to remove, or to block access to any User Submission that is available via the Website or other Nudevibes network products or services at any time, for any reason, or for no reason at all, with or without notice. You expressly acknowledge and agree that Nudevibes may preserve User Submissions and may also disclose User Submissions if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any User Submissions violates the rights of third-parties or any law, regulation, or ordinance; or (d) protect the rights, property, or personal safety of Nudevibes, its users, or the public. You acknowledge and agree that the technical processing and transmission of the Website, including your User Submissions, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by Nudevibes with regard to its users may be disclosed in accordance with Nudevibes Privacy Policy. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you will not post, or allow anyone else to post, any material that depicts any person under the age of 18 years and you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submissions are, in fact, over the age of 18 years; (ii) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Nudevibes to use all patent, trademark, trade secret, copyright, moral rights, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (iii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to the Website, you hereby grant Nudevibes a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, display, and perform the User Submissions in connection with the Website and Nudevibes (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website in any media formats and through any media channels. You also hereby grant each User of the Website a non-exclusive license to access your User Submissions through the Website, and to display, and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Website. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Nudevibes and the Website are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Nudevibes with respect thereto, and agree to indemnify and hold Nudevibes, its owners, and operators, affiliates, and/or licensors harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.8. Inappropriate User Submissions.
Nudevibes assumes no responsibility whatsoever for monitoring the Nudevibes Services for inappropriate content or conduct. If at any time Nudevibes chooses, in its sole discretion, to monitor the Nudevibes Services, however, Nudevibes assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content. Nudevibes may review and delete any User Submissions that, in its sole judgment, violates this Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any User or person not associated with the Website (collectively 'Inappropriate User Submissions'). You are solely responsible for the User Submissions that you make visible on the Website or to any third-party website via an embedded player provided by the Website or any other material or information that you transmit or share with other Users or unrelated third-parties via the Website. Nudevibes does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. Nudevibes does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Nudevibes will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Nudevibes reserves the right to remove Content and User Submissions without prior notice. Nudevibes will also terminate a User's access to its Website, if he or she is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Nudevibes also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscenity, or defamatory material, or excessive length. Nudevibes may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. Nudevibes takes seriously all laws against child pornography. Thus, it will not condone, and it intends to cooperate with all governmental agencies that seek those who produce, child pornography. By using this website, you agree that all User Submissions you upload to this website for viewers in the United States or any of its territories or possessions are fully compliant with all laws relating to child pornography in the United States, including but not limited to 18 U.S.C. section 2257. If you need to review this statute before agreeing to these terms, then visit http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002257----000-.html. By using this website, you also agree that all User Submissions you upload to this website for viewers anywhere in the world comply with any and all applicable laws.9. Fees
You acknowledge that Nudevibes reserves the right to charge for Nudevibes services and to change its fees from time to time in its discretion. Further more, in the event Nudevibes terminates your rights to use the website because of a breach of this Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.10. Representations and Warranties
You represent and warrant that all of the information provided by you to Nudevibes to participate in the Nudevibes website is accurate and current and you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder. As a condition to using the Nudevibes, you must agree to the terms of Nudevibes privacy policy and its modifications. You acknowledge and agree that the technical processing and transmission of the Website, including your User Submissions, may involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by Nudevibes with regard to its users may be disclosed in accordance with the Nudevibes Privacy Policy.11. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE NUDEVIBES WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NUDVIBES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. NUDEVIBES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NUDEVIBES WEBSITE. NUDEVIBES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE NUDEVIBES WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NUDEVIBES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NUDEVIBES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.12. Privacy
As a condition to using the Website, you agree to the terms of the Nudevibes Privacy Policy as it may be updated from time to time. You acknowledge and agree that the technical processing and transmission of the Website, including your User Submissions, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by Nudevibes with regard to its users may be disclosed in accordance with Nudevibes Privacy Policy.
13. Indemnity
You agree to defend, indemnify, and hold harmless Nudevibes, its members, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.14. Choice of Law and Jurisdiction
Unless expressly stated to the contrary elsewhere within the Website, all legal issues arising from or related to the use of the Website shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of California applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to this Agreement or any user's use of the Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into in any state or federal court in California having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in California having jurisdiction thereof. Except as set forth above, the state and federal courts of California shall be the exclusive forum and venue to resolve disputes arising out of or relating to this Agreement or any User's use of the Website. By using the Website and thereby agreeing to this Agreement, users consent to personal jurisdiction and venue in the state and federal courts in California with respect to all such disputes.