1. Your Eligibility. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THE SITE (AS DEFINED BELOW), SUBSCRIBE TO THE SITE, OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THE SITE. YOU HEREBY REPRESENT, WARRANT, AND AFFIRM THAT YOU ARE CURRENTLY AT LEAST EIGHTEEN (18) YEARS OLD OR THE AGE OF MAJORITY IN YOUR COMMUNITY, AND ARE CAPABLE OF LAWFULLY ENTERING INTO THE AGREEMENT.
2. Eligibility of Your Submissions. ALL PHOTOGRAPHS, LIKENESSES, OR OTHER VISUAL MATERIALS THAT YOU SUBMIT, UPLOAD, E-MAIL, OR OTHERWISE SEND TO THE SITE SHALL NOT REPRESENT OR PORTRAY ANY PERSON WHO IS UNDER THE AGE OF EIGHTEEN (18) YEARS OLD OR UNDER THE AGE OF MAJORITY IN THAT PERSON’S COMMUNITY.
1. Binding Agreement. The Agreement spells out the terms and conditions which you and all users of FACE.NAUGHTYAMERICA.COM (the "Site") are required to adhere to. By accessing or using the Site in any manner, you acknowledge that you have read the Agreement, understand the Agreement, and agree to be bound by its terms. If you do not agree to be bound by the terms of the Agreement, you must leave the Site immediately.
2. Changes to Service. The Company may change, suspend, discontinue, and/or limit your access to any portion of the Site, including without limitation, the availability of any feature, database, or Content (as defined below) at any time without notice or liability to the Company.
3. Amendments to the Agreement. The Company may change, add, or remove portions of the Agreement at any time and changes are effective upon notice to you by email, posting, or made available as a hyperlink on the Site. Your continued access to and use of the Site will indicate your acceptance of such changes. If future changes to the Agreement are unacceptable to you, or cause you to no longer be in compliance with the Agreement, you must leave the Site immediately.
1. Nature of Content. YOU HEREBY ACKNOWLEDGE THAT THE MATERIALS ACCESSED, PUBLISHED, BROADCAST, CONTAINED, AND/OR DOWNLOADABLE ON THE SITE, INCLUDING WITHOUT LIMITATION, VIDEOS, STILL PHOTOGRAPHS, AUDIO CLIPS, TEXT, HYPERLINKS, INTERLINKS, SEARCH ENGINES, SOFTWARE, LOGOS, ICONS AND ANY OTHER PROPRIETARY CONTENT (COLLECTIVELY, THE "CONTENT") INCLUDE SEXUALLY EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF SEXUALLY EXPLICIT ACTIVITY AND/OR SITUATIONS AND THAT YOU ARE FAMILIAR WITH AND NOT OFFENDED BY SUCH CONTENT.
2. Use of Content. The Content is intended to be accessed and/or used exclusively by consenting adults who are in locations where such Content does not violate community standards or any applicable local, state, or federal law or regulation.
3. Liability for Improper Use of Content. Liability for Improper Use of Content. You agree to be personally liable and fully indemnify the Company for any and all damages directly, indirectly, and/or consequentially resulting from your attempted or actual unauthorized downloading or other duplication of Content. Such damages include, without limitation, loss of revenue, loss of profits, loss of property, fines, penalties, attorney's fees, costs, and damages resulting from civil lawsuits, administrative actions, prosecution, and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
1. Grant of License. Subject to the limitations set forth below, the Company hereby grants you a limited, non-commercial, non-exclusive, and non-transferable license (the "License") to use the Content during the period in which you are a legitimate user of the Site. The License will immediately terminate automatically if you fail to comply with the limitations described herein, breach any provision of the Agreement, or are notified of termination of the License by the Company.
2. Limitations on License. You may make no use of the Content not expressly authorized in the Agreement or by express written authorization from the Company. You may use the Content only in accordance with the Agreement, on only one (1) computer at a time, and if the Site makes downloadable copies of the Content available, you may make only a single copy of such Content for your personal use and enjoyment. You agree to the following limitations and restrictions on your use of the Content:
3. Ownership of the Content and Intellectual Property. Except for public domain material or material otherwise licensed to the Company for electronic dissemination, all of the Content displayed at or otherwise available through the Site is proprietary content owned by the Company, its parents, subsidiaries and/or assigns. All editions of the Site and Content and other matter used directly or indirectly in, at, by, through and/or with the Site are protected by the copyright laws of the United States, international copyright treaties, and other laws and regulations. All intellectual property and other rights in and to the Content and other matter on the Site shall at all times remain in the Company, its parent(s), subsidiaries, and assign(s).
1. Submissions. You acknowledge that any content that you submit, transmit, including comments, forum messages, text, email, video, audio, photographs or other types of media to the Company ("Submission") may be edited, removed, modified, published, transmitted and displayed by the Company and you waive any rights you may have in the material. The Company reserves the right (but not the obligation) to delete, remove or revise any Submission at its sole discretion without notice. You may not infringe on any party's intellectual property, publicity, privacy, or other rights and must adhere to the warranties listed under VI. REPRESENTATIONS AND WARRANTIES, as described below. The Company takes no responsibility and assumes no liability for any content posted by you or any third party. You agree to defend, indemnify, and hold harmless the Company and its agents for all claims resulting from content you submit to the Site.
2. License Granted. To the extent any Submission is copyrightable material, you grant the Company and its authorized agents a non-exclusive, royalty free, perpetual and fully sub-licensable right to use, post, publish, reproduce, adapt, create derivative works from, distribute, and display such Submission throughout the world in any media and for any purpose. By way of example, the Company may sublicense the content and allow third parties to use the material for any purpose.
1. Your Representations and Warranties. You hereby represent, warrant, and affirm ("Your Warranties") that:
2. Breach of Your Warranties. Any conduct that the Company, in its sole discretion, deems to be a breach of Your Warranties shall constitute a breach of the Agreement and grounds for immediate termination, without further notice.
3. Indemnity. You agree to indemnify, defend, and hold harmless the Company and all of its related entities, subsidiaries and parent companies, and each of their heirs, successors, officers, directors, employees, assigns, agents, attorneys, representatives, and any other person or entity now or hereafter affiliated with them, and each of them (collectively, "Indemnified Parties"), of and from any and all claims, demands, causes of action, obligations, damages, losses to any person (including death) or property, penalties, attorney's fees, costs, and liabilities of any nature whatsoever, whether or not now known, suspected or claimed, arising out of any breach by you of the Agreement or Your Warranties. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification and reimbursement by you. In such event, you shall cooperate as fully as is reasonably required in the defense of any claim.
4. Third Party Violations. The Company does not assure or warrant that third parties or other users will comply with the Agreement, and, as between you and the Company, you assume all risk of harm or injury resulting from any such lack of compliance.
5. No Warranties by the Company. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND IS MAKING THE SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
6. Disclaimer of Responsibility for Outbound Links. THE SITE MAY CONTAIN LINKS TO OTHER RELATED INTERNET SITES, RESOURCES, AND SPONSORS OF THE COMPANY. YOUR SELECTION OF AN AD BANNER OR LINK WILL REDIRECT YOU FROM THE SITE TO A THIRD PARTY WEBSITE. THE COMPANY HAS NO CONTROL OVER AND NO LIABILITY FOR ANY THIRD PARTY WEBSITES OR MATERIALS. TRANSACTIONS THAT OCCUR BETWEEN YOU AND ANY SUCH THIRD PARTY ARE STRICTLY BETWEEN YOU AND THE THIRD PARTY AND ARE NOT THE RESPONSIBILITY OF THE COMPANY. THE COMPANY MAKES NO GUARANTEES ABOUT THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF THE INFORMATION PROVIDED BY SUCH SITES, AND THE COMPANY ASSUMES NO RESPONSIBILITY FOR UNINTENDED, OBJECTIONABLE, INACCURATE, MISLEADING, OR UNLAWFUL CONTENT THAT MAY RESIDE ON THOSE SITES. THE COMPANY IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENTS OF SUCH OUTSIDE RESOURCES, AND YOU SHOULD DIRECT ANY CONCERNS REGARDING ANY EXTERNAL LINK TO THE THIRD PARTY SITE'S ADMINISTRATOR OR WEBMASTER.
7. The Company's Limited Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RELATED TO YOUR USE OF THE SITE, THE SERVICE, THE CONTENT AND/OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY THE COMPANY, EXCEPTING SUCH INJURY OR DAMAGES CAUSED BY THE COMPANY'S FRAUD, WILLFUL INJURY TO THE PERSON OR PROPERTY OF ANOTHER, OR VIOLATION OF LAW BY THE COMPANY.
1. Notice of Copyright Infringement. If you believe that any Content or submission appearing on the Site has been used in a manner that infringes upon your copyrights, you or your authorized agent may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
The Company's Copyright Agent is:
2. Counter-Notice. If you believe that Your Submission that was removed or disabled is not infringing, or that you have proper authorization to post and use the material in Your Submission, you may send a counter-notice to the Company’s Copyright Agent containing the following information:
Our Copyright Agent may send a copy of any counter-notice to the original complaining party informing that party that it may replace the removed submission or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the provider of the submission, member or user, the removed submission may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company's sole discretion.
1. Governing Law. You agree that the Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to its conflict of laws principles.
2. Forum Selection. Any dispute between you and the Company shall be tried and litigated exclusively in the State or Federal courts located in San Diego County, California. This forum is intended by the parties to be mandatory and not permissive in nature, precluding the possibility of litigation between the parties with respect to or arising out of the Agreement in any jurisdiction other than that specified in this paragraph.
You are electronically signing this Agreement by either selecting the "I Agree" button below and/or accessing this site in any manner. You understand and agree that the Agreement may not be denied legal effect, validity, or enforceability solely because your electronic signature was used in its formation. You further understand and agree that electronic signatures and records are just as valid and enforceable as their paper equivalent, and, therefore, are subject to the same legal scrutiny of authenticity that applies to paper documents.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT, ARE UNDER 18 YEARS OF AGE, OR ARE IN AN UNAUTHORIZED DOWNLOADING LOCATION, DO NOT ATTEMPT TO USE THE SITE IN ANY MANNER AND LEAVE NOW!