– ownership and licenses:
You confirm that you own all intellectual property rights (examples of which are copyright and trademarks) in your Content or that you have obtained all necessary rights to your Content which are required to grant licenses in respect of your Content to us and to other Users. This includes any rights required to engage in the acts covered by sub-section 10(b) below in any territory in which The Naked Factory, LLC network of site is accessible and, in particular, in the United States of America.
You agree to grant us a license under all your Content to perform any act restricted by any intellectual property right (including copyright) in such Content, for any purpose reasonably related to the provision and operation of The Naked Factory, LLC network of sites. Such acts include to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Content, and otherwise deal in your Content.
The license which you grant to us under sub-section 10(b) above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us. This means that the license will continue even after your agreement with us ends and you stop using Naked Factory Spotlight, that we do not have to pay you for the license, and that we can grant a sub-license of your Content to someone else or assign or transfer the license to someone else. This license will allow us, for example, to add stickers, text, and watermarks to your Content, to make your Content available to other Users of Naked Factory Spotlight, as well as to use your Content for other normal operations of Naked Factory Spotlight. We will never sell your Content to other platforms, though we may sell or transfer any license you grant to us in the Terms of Service in the event of a sale of our company or its assets to a third party.
Whilst we do not own your Content, you grant us the limited right to submit notifications of infringement (including of copyright or trademark) on your behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of your Content without your permission. Although we are not under any obligation to do so, we may at any time submit or withdraw any such notification to any third-party website or service where we consider it appropriate to do so. However, we do not and are under no obligation to police infringements of your Content. You agree that if we request, you will provide us with all consents and other information which we reasonably need to submit notifications of infringement on your behalf. Please see our Complaints Policy for how to make a complaint about infringement of intellectual property rights.
You waive any moral rights which you may have under any applicable law to object to derogatory treatment of any Content posted by you on The Naked Factory, LLC network of sites. This waiver does not affect in any way your ownership of any intellectual property rights in your Content or the rights which you have to prevent your Content from being copied without your permission. The waiver is intended to allow us when dealing with your Content (as permitted by the license which you give us in section 10(b) above) to add watermarks, stickers or text to your Content.
Twitter: Users have the facility to connect an active Twitter account to their The Naked Factory, LLC network of sites account and to share certain Content in the form of The Naked Factory, LLC network of sites posts to Twitter using the share feature. If you use this feature, you must fully comply with Twitter’s terms of service from time to time in respect of any Content shared in this way.
Linking to and from The Naked Factory, LLC network of sites.
You may link to the The Naked Factory, LLC network of sites homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
If you are an Exibitionist , when promoting your Exibitionist Account you must comply with our Terms of Service and the terms of service of any other website where you place a link to or otherwise promote your Exibitionist Account. When promoting your Exibitionist Account, you must not impersonate The Naked Factory, LLC network of sites or give the impression that your Exibitionist Account is being promoted by us if this is not the case. You must not promote your The Naked Factory, LLC network of sites account by using Google Ads or any similar advertising platform or search engine advertising service.
Links from Naked Factory Spotlight: If The Naked Factory, LLC network of sites contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to The Naked Factory, LLC network of sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Domain Names: In some instances, The Naked Factory, LLC network of sites may allow Exibitionist to register or use domain names that contain the The Naked Factory, LLC network of sites trademark or a confusingly similar term. However, you will not register such a domain name, unless:
The domain name is registered by the or Exibitionist .
The domain name redirects to the or Exibitionist ’s The Naked Factory, LLC network of sites profile. Domain names containing the The Naked Factory, LLC network of sites trademark or a confusingly similar term must not direct to any other website, including link aggregators.
The Exibitionist Obtains prior written permission from The Naked Factory, LLC network of sites and signs a licensing agreement.
If you would like to register a domain name containing the The Naked Factory, LLC network of sites trademark or a confusingly similar term, please contact support@onlyVoyeurs.com. Failing to comply with these provisions or the licensing agreement will be considered a violation of the licensing agreement and may result in The Naked Factory, LLC network of sites filing a domain dispute against the registrant.
How do I delete my account? If you want to delete your The Naked Factory, LLC network of sites account then you may do so in the ‘User Account’ section of your The Naked Factory, LLC network of sites account.
If you are an Voyeur, the deletion of your account will take place within a reasonable time following your request.
If you are a or Exibitionist , then once you initiate the “delete account” process your account will remain open until the last day of your Voyeurs’ paid Subscription period, following which you will receive your final payment and your account will be deleted.
If you are both a Voyeur and a Exibitionist then your account will be deleted in two stages (Voyeur first and then or Exibitionist ).
Once your account has been deleted you won’t be charged any further amounts or have access to your former The Naked Factory, LLC network of sites account or its Content, and any subscriptions will be deleted and cannot be subsequently renewed. You will receive an email confirmation upon the successful deletion of your account. Once your account has been deleted, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on The Naked Factory, LLC network of sites for you to be able to access your Content following termination of your account.
Who is responsible for any loss or damage suffered by you?
Whether you are a consumer or business User: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes (i) liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and (ii) fraud or fraudulent misrepresentation.
If you are a consumer User: If you are a consumer User, you agree that:
We and our subsidiary companies, employees, owners, representatives, and agents will not be liable to you for any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings suffered by you arising from or in connection with your use of Naked Factory Spotlight.
If you are a consumer User and reside in the United States of America, our total liability to you for claims arising out of or related to your agreement with us shall be limited to USD 250 per claim.
If you are a business User: If you are a business User, you agree that:
We and our subsidiary companies, employees, owners, representatives, and agents:
exclude (to the extent permitted by law) all implied conditions, warranties, representations, or other terms that may apply to The Naked Factory, LLC network of sites or any content on it. This means that if the Terms of Service do not expressly include a promise or commitment by us, then one cannot be implied by law;
are not responsible to you for any loss or damage suffered by you that is not a foreseeable result of our breaching the Terms of Service or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agreed to the Terms of Service, both we and you knew it might happen;
won’t be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of or in connection with: your inability to use The Naked Factory, LLC network of sites or any of its services, features or programs; or your use of or reliance on any content (including Content) stored on our servers, our host servers and our AWS storage.
Naked Factory won’t be liable to you for any: Loss of profits; loss of sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; loss of data or information, including any Content; or indirect or consequential loss or damage; won’t be liable to you for any loss or damage caused by a distributed denial-of-service attack, virus, malware, ransomware, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of The Naked Factory network of sites or any of its services, features or programs, or due to your downloading of any material posted on it, or on any website linked to it; won’t be liable to you if your Content is copied, distributed, reposted elsewhere or its copyright is infringed by another User or any third party;
won’t be liable to you for any disclosure of your identity, or any disclosure or publication of your personal information by other Users or third parties without your consent (also known as “doxing”); won’t be liable to you for any failure or delay by us in complying with any part of the Terms of Service arising from events outside our reasonable control. If there is any failure or delay by us in complying with any part of the Terms of Service arising from an event outside our reasonable control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay.
Our total liability to you for any and all claims arising out of or related to your agreement with us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall be limited to the greater of:
100% of the total fees paid by you to us in connection with your use of The Naked Factory Network of sites.
General: You agree that:
If any aspect of your agreement with us is unenforceable, the rest will remain in effect.
If we fail to enforce any aspect of your agreement with us, it will not be a waiver;
We reserve all rights not expressly granted to you.
No implied licenses or other rights are granted to you in relation to any part of Naked Factory , save as expressly set out in the Terms of Service.
Your agreement with us does not give rights to any third parties, except that the exclusions and limitations of liability in section 14 (Who is responsible for any loss or damage suffered by you?) and the terms in section 16 ( Terms relating to disputes) may be enforced by our subsidiary companies, employees, owners, representatives and agents.
You cannot transfer your rights or obligations under your agreement with us without our prior written consent.
Our rights and obligations under your agreement with us can be assigned or transferred by us to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to delegate the performance of any of our obligations under your agreement with us to any third party, but we will remain responsible to you for the performance of such obligations.