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Terms and Conditions of Use

Terms and Conditions of Use for www.nakees.com

Introduction

Welcome to www.nakees.com. This website is owned and operated by Luxe Products (“Nakees”). By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).


This agreement is in effect as of August 1, 2012.


We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.


ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND NAKEES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.


MINORS MAY NOT USE SERVICES.

Nakees.com contains information of an adult nature and subject matter which includes depictions of nudity, and sexually explicit material. You must be at least 18 years old, or 21 years of age where required, and of legal age as determined by the local and national laws in which you reside.


By accessing this site, you agree that:

  1. You are at least 18 years old, or 21 years of age where required, and of legal age as determined by the local and national laws in which you reside.
  2. That the viewing, reading, and/or downloading of sexual information from this online service, whether deemed pornographic, obscene or prejudiced in other ways by acts of law and force do not violate the community standards of you or your locality, city, town, county, state, province, country or other community to which you belong.
  3. That any material I download from this site is for my own personal use, I will not show it to a minor nor allow any access to this site or any material herein.
  4. That any material I post to the site will never depict any person or persons who were not at least 18 years of age when the material was created.
  5. That you are wholly liable for any false disclosures and responsible for any legal ramifications that may arise from the viewing, reading, or downloading of images, information or material contained within this service.
  6. That you indemnify producers, sponsors, and internet service providers against any and all claims that may arise as a result of fraudulent entry or illegal use of this service and material contained therein.
  7. That you have read the above disclaimer in its entirety, agree to its conditions, are of legal age, and that it is not a violation of the law applying to your area of access to view the material contained within.register to use the Services.

18 U.S.C. 2257 Compliance Notice

All models, actors, actresses and other persons that appear in any visual depiction of actual sexual conduct appearing or otherwise contained in Nakees.com were over the age of eighteen years at the time of the creation of such depictions. Some visual depictions displayed on this website are exempt from the provision of 18 U.S.C. §2257 and 28 C.F.R. 75 because said visual depictions which appear to be of sexually explicit conduct is merely simulated. With respect to all visual depictions displayed on this website, whether of actual sexual conduct, simulated sexual content or otherwise, all persons in said visual depictions were at least 18 years of age when said visual depictions were created. Nakees.com is not the primary producer (as that term is defined in 18 USC §2257 and 28 C.F.R. 75 or subsequent case law defining such) of any of the visual content contained in the Website. The original records required pursuant to 18 U.S.C. §2257 and 28 C.F.R. 75 for the materials contained in this website are kept by the Custodian of Records for each of the primary producers.


Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.


Wherein, you understand that:

  1. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
  2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
  3. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
  4. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
  5. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
  6. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
  7. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

  1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
  2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

iii. Contains any type of unauthorized or unsolicited advertising;

  1. Impersonates any person or entity, including any Luxe Products employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

  1. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Luxe Products, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.
  2. You must not interfere or disrupt the Resources or servers or networks connected to the Resource, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Nakees page is rendered or displayed in a user's browser or device.
  3. You must not create accounts with the Resource through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
  4. You agree to indemnify and hold harmless Nakees, Luxe Products, and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Privacy

Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.


Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:


  1. i) the use of our Resources will meet your needs or requirements.

  1. ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.

iii) the information obtained by using our Resources will be accurate or reliable, and


  1. iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:


  1. v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

  1. vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Nakees or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Nakees will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.


Copyrights/Trademarks

All content and materials available on www.nakees.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Luxe Products, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Luxe Products.


Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.


Governing Law

This website is controlled by Luxe Products. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of our state, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.


Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.


Arbitration

Except if you opt-out or for disputes relating to: (1) your or Nakees's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of provisions i. or j. of the Responsible Use and Conduct, above ("Excluded Disputes"), you agree that all disputes between you and Nakees (whether or not such dispute involves a third party) with regard to your relationship with Nakees, including without limitation disputes related to these Terms of Use, your use of the Resources, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Nakees hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither you nor Nakees will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Nakees is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Nakees or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.


You may opt out of this agreement to arbitrate. If you do so, neither you nor Nakees can require the other to participate in an arbitration proceeding. To opt out, you must notify Nakees in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:


Luxe Products ATTN: Arbitration Opt-out 7777 Center Avenue, Suite 450, Huntington Beach, CA 92647


You must include your name and residence address, the email address you use for your Nakees account, and a clear statement that you want to opt out of this arbitration agreement.


If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Nakees.


Guarantee

UNLESS OTHERWISE EXPRESSED, LUXE PRODUCTS  EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.


Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:


info@nakees.com