You must read and
agree to these terms and conditions to become an active
member of PublicNudityExposed.com. Please read them
carefully.
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For good and valuable consideration, the
sufficiency of which is acknowledged by you and the
Company, you hereby agree to become a subscriber to
PublicNudityExposed.com, and agree to be bound by all the
terms and conditions set forth in this agreement (the
"Agreement"). The parties to this Agreement are you,
the Subscriber, and PublicNudityExposed.com. Subject to
the terms and conditions set forth in this Agreement,
the Company agrees to provide to you all the
privileges of subscription to
PublicNudityExposed.com
available to a Subscriber in good standing. This
Agreement is subject to change by Company at any time,
and changes are effective upon notice to the
Subscriber by e-mail, posting at or via hyperlink to
PublicNudityExposed.com, or by mail.
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ALL MATERIALS, INCLUDING MESSAGES, AND OTHER
COMMUNICATIONS, CONTAINED AT PublicNudityExposed.com ARE
INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING
ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND
OTHER COMMUNICATIONS CONTAINED AT
PublicNudityExposed.com
DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL,
STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES
OR ANY OTHER COUNTRY. NO PERSONS UNDER THE AGE OF
EIGHTEEN (18) YEARS MAY DIRECTLY OR INDIRECTLY VIEW OR
POSSESS ANY OF THE CONTENTS OF
PublicNudityExposed.com OR
PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED
AT OR IN PublicNudityExposed.com. YOU HEREBY ACKNOWLEDGE
THAT MATERIALS PRESENTED AT AND/OR DOWNLOADABLE FROM
PublicNudityExposed.com INCLUDE EXPLICIT VISUAL, AUDIO,
AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL,
BI-SEXUAL, AND/OR TRANSEXUAL SITUATIONS OF A SEXUAL
NATURE, THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS
KIND, AND THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS.
YOU HEREBY FURTHER AFFIRM AND WARRANT THAT
YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN YEARS AND
ARE CAPABLE OF LAWFULLY ENTERING INTO THIS
AGREEMENT.
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I acknowledge and agree that all materials
contained at PublicNudityExposed.com are proprietary and
constitute valuable intellectual property. I
acknowledge and agree that as such, I may only access,
view, download, receive and otherwise use the
materials available at PublicNudityExposed.com only as
authorized by the Company. I agree that I shall at no
time access, view, download, receive or otherwise use,
or cause or enable others to access, view, download,
receive or otherwise use materials, directly or
indirectly in places which the Company does not
authorize such access, viewing, downloading, receipt
or other use. I hereby acknowledge and agree that no
materials from any parts of PublicNudityExposed.com are
authorized, and no materials are intended, by the
Company to be accessed, viewed, downloaded or used by,
or transmitted, broadcast or otherwise disseminated to
any person or entity located in any and all areas
prohibited by law. I agree that any and all
unauthorized access, viewing, downloading, receipt,
duplication or other use of materials from
PublicNudityExposed.com, in which I am directly or
indirectly involved, including, but not limited to
accessing, viewing, downloading, receiving or other
use of materials in PROHIBITED AREAS in any manner
shall constitute intentional infringement(s) of
PublicNudityExposed.com's and potentially other's
intellectual property rights and other rights in such
materials and shall further constitute a violation of
PublicNudityExposed.com's trademark and other rights,
including, but not limited to, rights of privacy.
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I agree to be personally liable and fully
indemnify PublicNudityExposed.com for any and all damages
directly, indirectly and/or consequentially resulting
from my attempted or actual unauthorized downloading
or other duplication of materials from
PublicNudityExposed.com alone, or with or under the
authority of, any other person(s), including, without
limitation, any governmental agency(ies), wherein such
damages include, without limitation, all direct and
consequential damages directly or indirectly resulting
from unauthorized downloading of materials from
PublicNudityExposed.com including, but not limited to,
damages resulting from loss of revenue, loss of
property, fines, attorney's fees and costs, including,
without limitation, damages resulting from prosecution
and/or governmentally imposed seizure(s),
forfeiture(s), and/or injunction(s).
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Some or all of the following fees and charges
may be incurred by the Subscriber:
a. Subscription Fees. The Subscriber is
responsible for paying periodic subscription fees
according to the then-current billing terms.
You must be 18 years of age or older to receive a membership to
PublicNudityExposed.com. For your convenience and
satisfaction, all memberships will automatically renew
upon expiration unless your subscription is cancelled
at least 24 hours prior to expiration. The cost of
renewal will not exceed monthly membership costs at
time of members' initial subscription. Cost of renewal
will not be affected by any increase in
PublicNudityExposed.com subscription rates. Trials
and Recuring prices may vary depending on time of
subscription, but you are "locked in" at time of
purchases, meaning your recuring price will never go
up until cancellation. All membership cancellations can take
place by visiting our support area.
b. Other fees and/or charges for goods and
services ordered at, through and/or from
PublicNudityExposed.com and its licensees.
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Subscriptions may not be assigned or
transferred to any other person or entity. Subscriber
must promptly inform Company of the following: changes
in the expiration date of any credit card used in
connection with PublicNudityExposed.com; changes in home
or billing address; and apparent breaches of security,
such as loss, theft, or unauthorized disclosure or use
of an ID or password. Until Company is notified, by
conventional mail,
web
site form, during normal business hours of a
breach in security, the Subscriber will remain liable
for any unauthorized use of PublicNudityExposed.com. Upon
request, Subscribers will be given access to billing
records that support charges for use of the
PublicNudityExposed.com.
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Payment for the services provided to you at
and/or through PublicNudityExposed.com may be made by
automatic credit card or check debit and you hereby
authorize Company and its agents to transact such
payments on your behalf. You agree not to report as
lost or stolen any credit card, which you have used in
conjunction with payment to PublicNudityExposed.com, or
as unauthorized any charge by
PublicNudityExposed.com,
for any goods or services, including subscription, for
which you do not have good reason to believe is, in
fact, lost, stolen or unauthorized. You hereby agree
that any such fraudulent reporting of a lost or stolen
credit card used to obtain goods or services from
PublicNudityExposed.com or any fraudulent reporting of an
unauthorized charge to PublicNudityExposed.com on your
credit card which has been made by you or anyone under
your authority, at a time when a charge or other
obligation for payment for goods and/or services to
PublicNudityExposed.com remains outstanding at the time
of such fraudulent reporting, you shall be liable to
PublicNudityExposed.com for liquidated damages of
$25,000.00. The liability for liquidated damages
specified in this Paragraph shall not limit any other
liability you may have for breach(es) of any other
terms, conditions, promises and warranties set forth
in this Agreement.
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Subscription to PublicNudityExposed.com may be
terminated at any time, and without cause, by either
Company or Subscriber upon notification of the other
by electronic or conventional mail, or by telephone.
You agree to be personally liable for all charges
incurred by you during or through the use of
PublicNudityExposed.com. Your liability for such charges
shall continue after termination of your membership
for any reason.
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Subscribers are responsible for providing all
personal computer and communications equipment
necessary to gain access to PublicNudityExposed.com.
Access to and use of PublicNudityExposed.com is through
the use of a password. Each Subscriber must keep his
password strictly confidential. For security reasons,
PublicNudityExposed.com will not release passwords.
Unauthorized access to PublicNudityExposed.com is a
breach of this Agreement and a violation of law.
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Subject to the terms and conditions set forth
herein, PublicNudityExposed.com hereby grants you a
limited, non-exclusive and non-transferrable license
to use graphic files, audio files, video files, text,
hyperlinks, interlinks, search engines, and other
software associated with authorized Subscriber use of
PublicNudityExposed.com which Company provides
("Materials") during the period in which you are a
current Subscriber in good standing. You may use the
Materials only in accordance with the terms and
conditions of your membership, only on one computer at
a time and, if downloadable copies of the Materials
are made available by PublicNudityExposed.com, you may
make only a single copy of such Materials for your
personal use and enjoyment. You may not remove any
propriety notices from Materials at any time. You may
make no use of Materials not expressly authorized
herein or by prior express written authorization from
Company. Prohibited uses, include, without limitation:
(1) permitting other individuals to directly or
indirectly use the Materials; (2) modifying,
translating, reverse engineering, decompiling,
disassembling the Materials (except to the extent
applicable laws specifically prohibit such
restriction); (3) making copies or creating derivative
works based on the Materials except as provided
herein; (4) renting, leasing, or transferring any
rights in the Materials; (5) removing any proprietary
notices or labels on the Materials; and (6) making any
other use of the Materials. This license does not
grant you any rights to any software enhancements or
updates of any kind.
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Except for public domain material or material
otherwise licensed to Company for electronic
dissemination, all Materials displayed at or otherwise
available through PublicNudityExposed.com are
proprietary, and, except for initial downloading, may
not be copied, redistributed, or downloaded, in whole
or in part, without the prior written authorization of
Company. All editions of PublicNudityExposed.com, and all
Materials and other matter used directly or indirectly
in, at, by, through and/or with
PublicNudityExposed.com
are protected by the copyright laws of the United
States, international copyright treaties and other
laws and regulations. All rights are reserved. All
intellectual property and other rights in and to the
Materials and other matter at
PublicNudityExposed.com
shall at all times remain in Company, its parent(s),
subsidiary(ies), licensee(s) and assign(s). All
intellectual property and other rights in and to any
intellectual property content accessed through the
Materials is the property of the applicable content
owner, which may be the Company, its parent(s),
subsidiary or subsidiaries, licensee(s) and assign(s),
or others, and may be protected by applicable
copyright and/or other laws. The limited and
non-exclusive license granted to you herein grants to
you no rights to use such content except as set forth
herein. This license will immediately terminate
automatically if you fail to comply with the
limitations described herein, breach any other
provision of this Agreement, cease, for any reason, to
be a Subscriber in good standing, or are notified of
its termination by the Company or its authorized
agent(s). You agree that upon such termination, you
will immediately destroy all copies of the Materials
in your possession.
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You agree that Materials and all other services
provided to you by Company are provided on an "AS IS"
basis, without warranties of any kind, including
without limitation the warranties of merchantability,
fitness for a particular purpose and non-infringement.
The entire risk as to the quality and performance of
the Materials and all services provided by Company is
borne by you. Should the Materials or any other
service provided by Company prove defective and/or
cause any damage to your computer or inconvenience to
you, you, and not Company, assume the entire cost and
all damages which may result from any and all such
defects. This disclaimer of warranty constitutes an
essential part of the Agreement. Some states do not
allow exclusions of an implied warranty, so this
disclaimer may not apply to you and you may have other
legal rights that vary from state to state or by
jurisdiction. Under no circumstances and under no
cause of action or legal theory, shall Company, its
suppliers, licensees, resellers, or other subscribers,
or their suppliers, licensees, resellers or
subscribers be liable to you or any other person for
any indirect, special, incidental, or consequential
damages of any character including, without
limitation, damages for loss goodwill, work stoppage,
computer failure or malfunction, or any and all other
commercial damages resulting from any use of Materials
or other use of PublicNudityExposed.com.
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Company does not screen or endorse
advertisements or communications submitted to
PublicNudityExposed.com by third-party licensees,
advertisers, or subscribers for electronic
dissemination through PublicNudityExposed.com.
Subscribers are therefore advised to use their own
judgment to evaluate all advertisements and other
communications available at or through the use of
PublicNudityExposed.com prior to purchasing goods and/or
services described at PublicNudityExposed.com or
otherwise responding to any communication at
PublicNudityExposed.com.
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Any liability of Company, including without
limitation any failure of performance, error,
omission, interruption, deletion, defect, delay in
operation or transmission, communications line
failure, theft or destruction or unauthorized access
to, alteration of, or use of records, whether for
breach of contract, tortious behavior, negligence, or
under any other cause or action, shall be strictly
limited to the amount of membership fee paid by or on
behalf of the subscriber to Company for the preceding
month. Some states do not allow the limitation or
exclusion of liability for incidental or consequential
damages, so the above limitation or exclusion may not
apply to you.
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Company is not liable for damages resulting
from disseminating, failing to disseminate, or
incorrectly or inaccurately disseminating any
Materials, data, advertisement or other communication
at or through PublicNudityExposed.com.
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No warranty is made by Company regarding any
information, services, Materials or products provided
through or in connection with the
PublicNudityExposed.com, and Company hereby expressly
disclaims any and all warranties, including without
limitation: 1) any warranties as to the availability,
accuracy, or content of Materials, information,
products, or services; 2) any warranties of
merchantability or fitness for a particular purpose.
Some states do not allow the exclusion of implied
warranties, so the above exclusion may not apply to
you.
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"PublicNudityExposed.com" is a service mark of
JSA Media Group, Inc. All rights are reserved.
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All materials included at
PublicNudityExposed.com
are for the private use by Subscribers only. No other
uses are intended by the Company and any other use is
strictly prohibited.
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If the Company should at any time provide any
service which enables Subscribers to communicate with
or otherwise share information with other Subscribers
or persons providing any kind or service to
Subscribers, you agree not to submit, publish,
display, disseminate, or otherwise communicate any
defamatory, inaccurate, abusive, threatening,
offensive, or illegal material while connected to or
otherwise directly or indirectly using
PublicNudityExposed.com or other services provided to you
by Company. Transmission of such material or any
material that violates any federal, state, or local
law in the United States or anywhere else in the
world, is strictly prohibited and shall constitute a
material breach of this Agreement entitling Company to
immediately terminate all rights to access to
PublicNudityExposed.com. You are solely responsible for
all information which you submit, publish, display,
disseminate or otherwise communicate through
PublicNudityExposed.com even if a claim should arise
after termination of service. If the Company provides
any such service described herein, you agree that all
messages and other communications by you shall be
deemed to be readily accessible to all other
Subscribers who are authorized to access
PublicNudityExposed.com and agree that all such messages
and other communications shall not be deemed to be
private or secure. Regardless of whether the Company
provides any type of service described herein, you
agree that you have hereby been informed and noticed
that any and all messages and other communications
which you submit to Company directly or through
PublicNudityExposed.com can be read by the operators
and/or other agents of Company, whether or not they
are the intended recipient(s).
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Notices from PublicNudityExposed.com to
Subscribers may be given by means of e-mail, by
general posting on PublicNudityExposed.com, or by
conventional mail. Communications from you to the
Company may be made by e-mail, conventional mail or
telephone. All questions, complaints, or notices to
PublicNudityExposed.com may be sent in the following
manner:
a. by means of this
website form;
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This Agreement contains the entire agreement
between the Subscriber and Company regarding
Subscribers' use of PublicNudityExposed.com, Materials
and all materials directly and indirectly related
thereto. This Agreement supersedes all prior written
and oral understandings, writings, and representations
and may only be amended upon notice by Company. This
Agreement shall be governed by and construed under the
laws of the State of California and the United States
as applied to agreements between California state
residents entered into and to be performed within the
State of California, except as governed by Federal
law. The application of the United Nations Convention
of Contracts for the International Sale of Goods is
expressly excluded. If any provision of this Agreement
is held to be unenforceable for any reason, such
provision shall be reformed only to the extent
necessary to make it enforceable. Unless otherwise
explicitly stated, the provisions of this Agreement
shall surviveits termination.
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