TERMS OF USE FOR NUDEFREITAGS.COM® SERVICES
THIS AGREEMENT WAS LAST UPDATED ON APRIL 17, 2009
When you sign up for any service within the NUDEFREITAGS.COM® group of communities you agree to all of the terms and conditions of this Agreement.
Please read the following terms and conditions carefully, as they form the agreement between us. If you do not agree to these terms and conditions, you may not use the service and should not proceed to register. By using the Service after APRIL 17, 2007 you are agreeing to be bound by this Agreement, including all amendments made to date.
User Agreement
This is a legal agreement ("Agreement") between you and nudefreitags.com (the "Owner"),which will apply to you in respect of any and all services offered by or acquired from the NudeFreitags web site (the "Site") located at www.nudefreitags.com (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. As used in this Agreement, "we" and "us" means NUDEFREITAGS.COM or any successor or assign of NUDEFREITAGS.COM. Upon successful registration, you become a member of the Service (a "Member"), and you agree to be bound by all of the terms and conditions of this agreement (the "Terms") for as long as you remain a Member, in addition to our Email, Acceptable Usage, Privacy and other terms and conditions posted on the Site from time to time. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT PROCEED TO REGISTER TO BECOME A MEMBER OF THE SERVICE.
THE USE OF THE SERVICE IS TO BE DONE AT YOUR OWN RISK!!!
THE OWNER RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE. THE OWNER SHALL HAVE THE RIGHT TO REMOVE SUCH MATERIAL THAT VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. The Owner or You may terminate and void this agreement at any time, for any reason whatsoever, effective upon sending written notice to the other party. If you send a notice of termination, your membership shall concurrently terminate, without an obligation to make a payment, rebate or refund on the part of the Owner. The Owner does however reserve the right to suspend or terminate your membership at any time, without notice, if you breach this Agreement or any other terms and conditions posted on the Site from time to time. The Owner assumes no responsibility whatsoever for your use of the Service. It is for your sole, personal use and you may not distribute your user name and password allowing others to use the service through your membership. Use of the service is strictly prohibited to minors under the age of 18, regardless of whether you have parental consent. This site contains links to other websites. By accepting the terms and conditions you are stating that you do not hold this website responsible in any way for the content of sites not under the control of this website (i.e. any of the linked sites). You understand and accept that a link to another site from this one does not imply endorsement or any other relationship between this site and the site linked to.
Right to 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 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.
Adult
You represent, warrant and covenant that you are at least 18 years old.
Code of Conduct
As a member, you agree to use the Service in accordance with the following Code of Conduct:
a) You will only use the Service in a manner that is accepted and legal according to all applicable laws and regulations.
b) You will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;
c) You will not use the Service to engage in, and the Owner is not responsible for, any form of harassment or offensive behavior, of any kind whatsoever that may be harmful to any other Member of the Service ( including but not limited to the posting of communications, pictures, videos or audio recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images; )
d) You will not forward chain letters through the Service;
e) You will not use the Service to infringe the privacy rights, property rights, or any other rights of any person; f) You will not post or otherwise distribute messages, pictures or recordings 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 trade-mark law, privacy or other personal or proprietary rights, including other intellectual property rights; or
ii. Is fraudulent, misleading or otherwise unlawful or violates any law;
g) f. 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;
h) g. You will not use the Service to distribute or up load any virus, trojan horses or do anything else that might cause harm to the Service, NUDEFREITAGS.COM systems or to other members' systems in any way; and
i) h. You will not post or transmit in any manner any contact information including, but not limited to, email addresses, "instant messenger" nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information.
j) Your use of the service is strictly at your own risk and you are solely responsible for your contact, whether it be written, verbal or in person, with any other Member of the Service. The Owner and its officers, directors, employees, agents, affiliates and third parties assume no responsibility whatsoever for harm that may come to you as a result of your contact (of any form) with any other Member of the Service (including but not limited to emotional, verbal and physical abuse or assault)
k) You will not in any way copy, modify, publish, transmit, display, sell, distribute or reproduce copyrighted material, trademarks or other protected proprietary information without the express written consent of the owner of such materials
l) You will not use the Site, Services or your profile for any purpose other than to seek other persons for meeting, friendship or dating; the Service and profiles shall not be used for any commercial purpose whatsoever (including but not limited to escorts, commercial or non-dating solicitations, or otherwise). Organizations, companies, and/or businesses may not become members and should not use the Service or the Site for any purpose. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, forwarding commercial or other offers to other Members by this Site or by email or other means external to the Site, and unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. In order to protect our Members from such advertising or solicitation, and to maintain usage integrity on the Site, we reserve the right to restrict access by all Members to certain elements of the Service on a per-action basis (including messaging or otherwise), such levels to be determined in our sole discretion from time to time, whether determined in respect of a 24 period or otherwise.
m) You agree we reserve the right change any of the terms, rights, obligations, privileges or institute new charges for access to or continued use of Services at any time, with or without providing such notice as the Site may determine appropriate. All changes will be posted online or may be emailed to you at the Owner's discretion, and you are responsible for reviewing the information and terms of usage as may be posted regularly to obtain timely notice of such changes. Continued use of the Services or non-termination of your membership after changes are posted or emailed constitutes your acceptance or deemed acceptance of the terms as modified, regardless of whether the notice or email was successfully received, read, or lost during transmission
Advertising
Unless you indicate on your Preferences page that you do not want to participate in such programs, you agree to grant NUDEFREITAGS.COM a license for the right to use your images*, text* or recordings* on our partners' sites or in the marketing of the Service.
* Excludes any pictures, text, or recordings assigned to your backstage. Excludes your personal information, such as your email address or full name. Read our privacy policy.
Membership Categories
Users of the Service may become "Guests", "Free Members" or "Full Members" of the Service. Guests are allowed access to a minimal level of the Service's features and are not charged by us for the use of the features they can access. Free Members are allowed to access more features of the Service than are Guests, but are not allowed access to all of the features that Full Members are allowed to access. Free Members are not charged by us for the features they can access. Full Members are provided with access to additional features of the Service that are not available to Guests or Free Members. Full Members are not charged by us for the features that are free to Free Members. Certain additional features of the Service made available to Full Members are also free of charge. Certain other features of the Service are "paid features", for which a Full Member is charged.
Fees and Payments
NUDEFREITAGS.COM may from time-to-time test different payment models and fees. Upon the completion of registration, your account may be placed into the different payment schedules solely at NUDEFREITAGS.COM’s discretion.
OPTION A
a. Full Members of the Service are required to purchase membership
Full Members may purchase Credits by credit card or by paying cash, or paypal in accordance with our pricing policy for Credits as posted on the Service from time to time.
b. THE PURCHASE OF MEMBERSHIP IS NON-REFUNDABLE.
c. You agree to pay or have paid all fees and charges incurred in connection with your membership with the Service (including any applicable taxes1) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. We may change the fees and charges in effect for using the Service, or add new fees or charges, by posting new fees and changes on the site from time to time. You also are responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party service, including but not limited to telephone charges. YOU, AND NOT WE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
1Taxes
NUDEFREITAGS.COM is an German Company with operations based in Germany, and as such we are required to charge a Value Added Tax ("VAT") on any purchase of NUDEFREITAGS.COM Services made by a German resident.
Privacy and Use of Information
By using the services you have also agreed to our Privacy Statement. You acknowledge that
(a) we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties;
(b) we are not responsible for, and cannot control, the use by others of any information which you post on the Service or provide to them and you should use caution in selecting the personal information you post or provide to others through the Service; and
(c) we cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. As part of the Service, we may from time to time, email to you publicly available information about other users of the Service whom we believe may meet your pre-selected search criteria. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service, this includes information which we may provide directly to you but which has been posted or provided to us by other users of the Service. You may not use the Service for any unlawful purpose. We may refuse to grant you an ID or nickname that impersonates someone else, is protected by trade-mark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.
You confirm that you will have obtained full right, title, interest and permissions in and to any messages, pictures or recordings prior to your posting to or otherwise distributing them through the Service.
Monitoring of Information
We reserve the right to monitor all advertisements, public postings, messages, video and audio recordings to ensure that they conform to the content guidelines which may be applicable from time to time.
Removal of Information
While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings, messages, video and audio recordings that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages, video and audio recordings and other materials you may upload to the Service or users of the Service. THE OWNER RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE. THE OWNER SHALL HAVE THE RIGHT TO REMOVE SUCH MATERIAL THAT VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT.
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, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies. While NudeFreitags does allow for all members to speak their minds freely there are certain rules that must be adhered to within the chat server. Free-speech does not amount to the ability to saying anything, and everything, that one would like to say but, rather, allows for a fair and interactive conversation to take place between members without fear of repercussion. In order to allow for this to happen the following rules apply to the NudeFreitags sites including Chat Server, which is ran by NudeFreitags. All topics/avatar said/ worn within a particular room/page on the server must fit the rules and regulations for that particular room/page. An attempt to "sidestep" any NudeFreitags policy -- which is to be ascertained by the NudeFreitags staff based on the avatar wear or topics in especially at public gates -- is strictly forbidden. It is important to remember to be as clear in your intent as possible while communicating on the internet. Our text communications do not afford a clear representation of sarcasm. Please use common sense when chatting to avoid confusion. The failure to follow any of the aforementioned rules will result in the banning from server.
Proprietary Information
The Service contains information, which is proprietary to us our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. 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. For additional information, please refer to our Legal Section.
No Responsibility
You acknowledge that we are not responsible for 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 12 months. 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.
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.
External Links
The Service may from time to time contain links to other Internet sites and resources ("External Links"). You acknowledge that we are not responsible for, and have no liability as a result of, the availability of External Links or their contents. We suggest that you review the terms of use and privacy statement of such External Links prior to use of them.
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, including but not limited to the Code of Conduct 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. You will defend, indemnify, and hold harmless the Owner, as the provider of the Site infrastructure, their officers, directors, employees, agents, affiliates and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees on a solicitor and his own client basis) relating to or arising out of your use of the Site or Service, including any breach by you of the Terms of this Agreement and our Email, Acceptable Usage, Privacy and other terms and conditions posted on the Site from time to time.
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 member profile (including any member profile which we may present to you as a potential match to your pre-selected search criteria), advice, opinion, statement or other information displayed, uploaded or distributed through the Service by NUDEFREITAGS.COM, our partners or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, member profile, advice, statement or information shall be at your sole risk.
We do not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement or other information displayed, uploaded or distributed through the Service by NUDEFREITAGS.COM or any user of the Service or any other 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. Please note you may be involuntarily exposed to offensive or obscene materials on the Service that may have been posted by Members, hackers or unauthorized users from time to time. Please note that it is possible for others to obtain your personal information and use it to engage in an action that may be harmful to you or injure you. The Owner is not responsible for the use of any personal information that you choose to display, publish or distribute to other Members.
Advice Columnists
The Service may from time to time include messages from advice columnists who respond to "relationship" questions. Any statements made by advice columnists are provided for entertainment purposes only, and are not intended, and should not be taken, as specific advice in any particular circumstance. Such statements do not constitute counselling of any kind. Users with personal problems or who may be seeking personal advice applicable to their personal situation, are urged to consult with a qualified counsellor with respect to such issues.
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.
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 NUDEFREITAGS.COM related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity. And by your use of the Service, you consent to such disclosures and communications subject to the terms of our Privacy Statement.
Governing Law
IN NO EVENT WILL NUDEFREITAGS.COM ITS AFFILIATES OR THE OWNER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY DEATHS, THREATS, TORTS OR INJURIES COMMITTED BY ANY OTHER USERS, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES) DIRECTLY OR INDIRECTLY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF THE OWNER, BRAINSCANMEDIA.COM, INC. OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY TO YOU BY NUDEFREITAGS.COM ITS AFFILIATES, OR THE OWNER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
UNDER NO CIRCUMSTANCES WILL NUDEFREITAGS.COM ITS AFFILIATES OR THE OWNER BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR USE OF THE SERVICE, YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO MEMBERS. NEITHER NUDEFREITAGS.COM ITS AFFILIATES NOR THE OWNER GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, AND NEITHER ADOPTS NOR ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, IN ALL COMMUNICATION WITH THE OWNER, NUDEFREITAGS.COM ITS AFFILIATES OR OUR REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE. NUDEFREITAGS.COM ITS AFFILIATES AND THE OWNER SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER NUDEFREITAGS.COM ITS AFFILIATES NOR THE OWNER WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. NUDEFREITAGS.COM ITS AFFILIATES AND THE OWNER DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS, OR "HACKERS") OF THE SITE OR SERVICE. Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you. This Agreement as construed between the Owner and you is governed under the laws of the jurisdiction of incorporation of the Owner, regardless of conflicts of law principles. However, this Agreement as construed between NudeFreitags.com its affiliates and yourself shall be governed under the laws of the Province of Baden-Wuerttemberg, Germany, regardless of conflicts of law principles. Any legal proceedings arising out of or relating to this Agreement shall be determined in the courts of the incorporating jurisdiction as it may pertain to the Owner, and shall be determined in the courts in the Province of Baden-Wuerttemberg, Germany as they may pertain to NudeFreitags.com and its affiliates. This Agreement, accepted upon registering for the Service, contains the entire Agreement regarding the use of the Service. This Agreement may be relied upon by NudeFreitags.com as noted above, and may only be amended as it pertains to BrainScanMedia.com, Inc. with the express consent of NudeFreitags.com. Unless otherwise explicitly stated, the Terms will survive termination of your membership to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Les parties acceptent d'un commun accord que la présente entente soit rédigée en anglais.
Assignment
You do not have the right to assign this Agreement or any of your rights to the Service to anyone. NUDEFREITAGS.COM has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of NUDEFREITAGS.COM, if NUDEFREITAGS.COM's obligations hereunder are assumed by a third party, NUDEFREITAGS.COM shall be relieved of any and all liability under this Agreement.
© NUDEFREITAGS.COM, 2009.
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