SelfieNations IS A COMMUNITY BASED PLATFORM FOR THE OPEN AND HONEST DISCUSSION OF ADULT TOPICS (THE "SERVICE"). THE MATERIALS WHICH MAY BE PUBLISHED ON THE WEBSITE SelfieNations BY THE USERS OF THIS SERVICE INCLUDE GRAPHIC WRITTEN, AUDIO AND VISUAL DEPICTIONS OF NUDITY AND SEXUAL ACTIVITY AND SHOULD NOT BE ACCESSED BY ANYONE WHO IS OFFENDED BY SUCH MATERIALS OR WHO DOES NOT WANT TO BE EXPOSED TO SUCH MATERIALS.
You must be eighteen (18) years of age or older to create an account as a member or use any of th services provided by SelfieNations.
By viewing the website, registering for membership or using the Service in any way you represent and warrant that:
(a) You are over the age of eighteen (18) or older. Your profile may be deleted and your membership may be terminated, without notice or warning, if we believe that you are under eighteen (18) years of age; we can request a webcam check in case we doubt you are a a real person.
(b) You have the right, authority and capacity to enter into this agreement and to abide by all of the terms and conditions contained herein;
(c) All registration information you submit will be truthful and accurate;
(d) You are
interested in adult material and are not offended by written, audio
or visual depictions of, and open discussions related to, nudity and
(e) You are
voluntarily choosing to register and/or use the Service because you
want to participate in discussions or view, read and/or hear the user
published adult materials which are made available on the website for
your own personal enjoyment, information or education;
(f) You will not allow or permit any person or persons to access or view the materials on the website or use the Services who are under the age of eighteen (18), or older and you will make the needed efforts to prevent unauthorized access by minors;
(g) You are familiar with the community standards of the area in which you access the website or use the Service regarding the acceptance of sexually oriented materials and the materials you expect to encounter are within those standards;
(h) You have not and will not use, view, browse, search or otherwise participate in the Service in any way from a restricted place, country, state, community or other location where doing so would be, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom;
(i) You will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the SelfieNations Service or any components thereof. Notwithstanding the foregoing, SelfieNations grants the operators of public search engines permission to use spiders or other proprietary methods to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. SelfieNations reserves the right to revoke these exceptions either generally or in specific cases.
This Agreement shall become effective
when you first access the website, register for Membership and/or use,
view, browse, search or otherwise participate in the Service (regardless
of Membership). This Agreement shall remain in full
force and effect during the time in which you are a registered Member
or use the Service in any way. You may terminate your
Membership at any time and for any reason by the Contact Us form using
the "Delete My Account" function. SelfieNations
reserves the right to terminate your Membership at any time, for any
reason, without notice or warning. If SelfieNations
terminates your Membership for violation of any policy or for breach
of this Agreement, you will not be entitled to any refund of any unused
subscription fees or credits (if any). Upon termination
of this Agreement all sections which would normally survive termination
of an agreement shall remain in full force and effect including but
not limited to [proprietary rights, content posted, prohibited content,
copyright policy, member disputes, privacy, disclaimers, limits on liability,
export controls, disputes, indemnity]
You understand, agree and accept that SelfieNations reserves the right to charge a fee for the Service and to change any fees from time to time, as may be decided in our sole discretion.
Username and Password
You must choose a unique username and password when you sign up to become a Member. Your username will be publicly displayed as â€œNick Nameâ€ on the Service. You are entirely responsible for maintaining the secrecy of your password. You agree that you will not share your password with anyone or disclose your password to anyone for any reason. You agree that you will not use the account, username or password of another Member at any time. You agree to notify SelfieNations immediately if you suspect any third party access to your password or use of your account by anyone other than yourself. You are solely and exclusively responsible for any and all use of your account.
Illegal or unauthorized use of the Service, including collecting usernames and/or email addresses of Members by any means, electronic or otherwise, for the purpose of sending unsolicited email or private messages is strictly forbidden. Framing of or linking to the website or any part of the Service is strictly forbidden. Unsolicited commercial communications with Members via email or private message is strictly forbidden. Illegal and/or unauthorized use of the Service, including violation of the Commercial Use Guidelines, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive relief and/or termination of your Membership in our sole discretion.
Notwithstanding anything to the contrary contained herein or in the Commercial Use Guidelines, SelfieNations reserves the right to suspend, terminate, delete or otherwise remove any commercial statements without notice and without penalty. You understand, accept and agree that all commercial speech is allowed at the sole and exclusive discretion of SelfieNations and no absolute right to engage in commercial speech is granted by this Agreement. In order to maintain the integrity of the Service, SelfieNations reserves the right, in our sole discretion, to take reasonable steps to limit the volume of emails, chat messages and other communications sent or received by a Member and electronically filtering, limiting or terminating communications. SelfieNations reserves the right to terminate the right to make commercial speech or disseminate commercial messages at any time, for any reason, without notice and without penalty.
User Published Content
Proprietary Rights of Content on SelfieNations
By publishing, displaying, posting or otherwise disseminating any messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials whatsoever (collectively the "Content") on or through the Service, you hereby grant to SelfieNations a perpetual, non-exclusive, fully-paid and royalty-free, worldwide license, with the right to sublicense through unlimited levels of sublicenses, to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit and otherwise distribute the Content on and through the Service.
SelfieNations owns and retains other proprietary rights on SelfieNations.com. The Service contains the copyrighted material, trademarks, and other proprietary information of SelfieNations and its licensors. Except for information in the public domain or for which you have been given express written permission by SelfieNations, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Representations and Warranties
You, the Self-publisher, represent and warrant that:
a) You are solely responsible for the Content that you publish, display, post or otherwise disseminate on or through the Service provided by SelfieNations or transmit to other SelfieNations members.
(b) You own the Content published or otherwise posted by you on or through the Service, including all copyrights therein, free of any liens or encumbrances,
(c) You did not plagiarize or copy any work of any person(s), entity or entities in publishing or otherwise posting the Content on or through the Service;
(d) None of the Content contains any material from other copyrighted or unpublished works unless You have obtained a copy of written permission or authorization and consent of the owner of such rights in such materials;
(e) None of the Content, or any part thereof, and no display of any or all of the Content by SelfieNations as authorized or contemplated by this Agreement shall infringe upon any rights of any person(s), entity or entities, including without limitation, any intellectual property rights which include without limitation, any copyright, trademark right, service mark right, right of publicity or privacy, trade secret right, or any other proprietary or personal right of any person(s), entity or entities;
(f) All participants, actors, crew, production staff or other individuals associated with the Content were at least eighteen (18) years at the time the original work in which said person(s) appear was first created, or at the time such persons initially performed any act(s) which resulted in their appearance in any of the Content;
(g) When necessary,
you have made reasonable inquiry, investigation and inspection of all
necessary records required for compliance with United States Code Title
18 Section 2257 and you have all such necessary records in your possession
with respect to the Content, including but not limited to, proofs of
age, identification of the particular work in which the performer appears,
all names used by the performer, prior works in which the performer
appeared and all model releases allowing the use of the performers image
and likeness in the Content for the purposes contemplated under this
(h) You are the primary producer of the Content, and all parts thereof; further, you can and will provide SelfieNations with all records whatsoever that may required for SelfieNations to be in compliance with the Laws of the United States and any other international jurisdiction which may be applicable, as may be promulgated or amended from time to time, including but not limited to Federal, State, and Local Laws, including but not limited to United States Code Title 18 Section 2257;The Licensor shall make timely delivery of all Films and collateral material;
(i) None of the Content contains any matter that, if published or publicly displayed or disseminated would be obscene, fraudulent, libelous, slanderous, defamatory, hateful, harassing, negligent or otherwise contrary to any law of any applicable jurisdiction.
(j) None of the Content includes any images of bestiality, fisting, urination, defecation, torture, mutilation, rape, sadistic or masochistic abuse, incest, necrophilia, sex acts with non-consenting adults, child pornography or any other depiction that would lead a reasonable person to conclude that the performer depicted in the Content is a minor;
By publishing, displaying, posting or otherwise disseminating any Content on or through the Service, you automatically grant, and represent and warrant that you have the right to grant, to SelfieNations and its members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity and Content and to prepare derivative works of, or incorporate into other works and other media, such information and Content, and to grant and authorize sublicenses of the foregoing. As a visitor to SelfieNations, if you provide us with your e-mail address via a registration process or post it on or through the Service, you thereby authorize SelfieNations and its affiliates and any entities that SelfieNations becomes involved with or merges with, the right to use and/or sell your valid email address for any marketing programs or communications with you.
DMCA and Copyright Policy
You may not publish, display, post
or otherwise disseminate, or reproduce in any way, any copyrighted material,
trademarks, or other proprietary information without obtaining the prior
written consent of the owner of such proprietary rights or otherwise
have a valid basis under the law, including "fair use."
Without limiting the foregoing, if you believe that your work has been
copied and posted on the SelfieNations Service in a way that constitutes
copyright infringement, please provide our Copyright Agent with the
following information consistent with the Digital Millennium Copyright
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) An complete and accurate description of the copyrighted work that you claim has been infringed with enough specificity to identify the work;
(c) A description of where the material you claim is infringing is located on the Service, including the URLs of web pages and/or hyperlinks;
(d) Your address, telephone number, and email address;
(e) A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
SelfieNations' Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
Via E-mail : firstname.lastname@example.org
It is the intention of SelfieNations to fully comply with the DMCA, including the Notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and "take down" requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference.
It is the policy of SelfieNations to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to SelfieNations by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement you must make notice to email@example.com.
The following is a partial list of
the kind of Content that is illegal or prohibited to post on or through
the Service. If notified of an alleged breach of these Content restrictions,
SelfieNations reserves the right to investigate and take appropriate
legal action against anyone who, in our sole discretion, violates this
provision, including without limitation, removing the offending communication
from the Service and terminating the Membership of such violators. Without
limiting any other Self-published Content prohibitions as may be set
forth elsewhere in this Agreement, Prohibited Content includes, but
is not limited to:
(a) Content that is patently offensive to the online community;
(b) Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(c) Content that harasses or advocates harassment of another person or invades their privacy;
(d) Content that involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming;"
(e) Content that promotes information you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(f) Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(g) Content that contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(h) Content that provides material which exploits people under the age of 18 in a sexual or violent manner or solicits personal information from anyone under 18;
(i) Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(j) Content that solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(k) Content that may test the boundaries of decency, or may be considered illegal in the United States;
(l) Depictions of bestiality, fisting, urination, defecation, torture, mutilation, rape, sadistic or masochistic abuse, incest, necrophilia, sex acts with non-consenting adults, child pornography or any other depiction that would lead a reasonable person to conclude that the performer depicted in the Content is a minor;
(m) Any Content that SelfieNations deems inappropriate or offensive as may be determined in our sole discretion.
SelfieNations does not control the Content which is Self-published by Members which is made available through our Service. You may find other Membersâ€™ or users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using our Service or otherwise accessing our web site. You are solely responsible for your interactions with other SelfieNationsâ€™ members. Because SelfieNations is not involved in Member or user interactions, in the event that you have a dispute with one or more Members or those who have posted, viewed, or used information on the SelfieNations Service, you release SelfieNations, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Â§ 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." SelfieNations reserves the right, but has no obligation, to monitor disputes between you and other members.
SelfieNations is not responsible for any incorrect or inaccurate Content posted on the web site or in connection with the Service provided, whether caused by Members or users of the Service or by any of the equipment or programming associated with or utilized in the Service. Profiles created and posted by Members of the Service may contain links to other websites. SelfieNations is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by SelfieNations. Inclusion of any linked website on the SelfieNationsâ€™ Service does not imply approval or endorsement of the linked website by SelfieNations. When you access these third-party sites, you do so at your own risk. SelfieNations takes no responsibility for third party advertisements posted or otherwise disseminated on or through the Service, nor does it take any responsibility for the goods or services provided by its advertisers. SelfieNations is not responsible for the conduct, whether online or offline, of any Member or user of the Service. SelfieNations assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Member or user communication. SelfieNations is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Service or combination thereof, including any injury or damage to members or users or to any person's computer related to or resulting from participation or downloading materials in connection with the Service. Under no circumstances shall SelfieNations be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, attendance at an SelfieNations event, from any Content posted on or through the Service, or from the conduct of any members or users of the Service, whether online or offline. SelfieNations is not responsible for downtime, bugs or other errors with the Service and you understand and agree that the Service may not be always available and that various features of the Service may not work or be discontinued without notice. The Service is provided "AS-IS" and as available and SelfieNations expressly disclaims any warranty of fitness for a particular purpose or non-infringement. SelfieNations cannot guarantee and does not promise any specific results from use of the Services.
Limitation on Liability
IN NO EVENT SHALL SelfieNations BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF SelfieNations HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SelfieNations LIABILITY TO YOU 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 TO SelfieNations FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
You hereby agree to indemnify and take full responsibility and deem SelfieNations and its officers, directors, sub-licensees, affiliates and assigns (the "SelfieNations Indemnitees"), harmless and not accountable for any and all claims, damages, liabilities, costs, and expenses, including any attorneysâ€™ fees, arising out of any dispute, claim, action, proceeding based upon or in any way related to any and all breaches or alleged breaches of your representations, warranties, promises, agreements and obligations set forth herein. Further, you understands and agree the representations and warranties contained in this Agreement are material for SelfieNations to display and distribute the Self-published Content under the terms of this Agreement and any failure or delay on the part of the you to provide any documentation or other required materials, as may be set forth in this Agreement, shall constitute a breach. Additionally, you understand and agree that SelfieNations is providing the Service to you as a platform for self-publishing and SelfieNations does not monitor or control the content that is published and you agree to indemnify the SelfieNations Indemnitees fully from any liability for content which you publish.
Except as explicitly stated otherwise, any notices shall be given via e-mail to:
Notices shall be given to the email
address you provide to SelfieNations during the registration process.
Notice shall be deemed given 24 hours after email is sent, unless the
sending party is notified that the email address is invalid. Alternatively,
SelfieNations may give you notice by certified mail, postage prepaid
and return receipt requested, to the address provided to SelfieNations
during the registration process. In such case, notice shall be given
3 days after the date of mailing.
The relationship of the parties hereunder is limited to the respective rights and obligations of the parties as specifically provided herein. The parties to this Agreement are independent entities and nothing in this Agreement shall make them joint venturers, partners, employees, agents or other representatives of the other party hereto, or shall be construed or interpreted to permit either party to undertake any agreement for the other, or to use the name or identifying mark of the other, all except as is specifically provided herein.
This Agreement is accepted upon your use of the Website or any of the Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and SelfieNations regarding the use of the Services. The failure of SelfieNations to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. You agree that this Agreement and all incorporated Agreements may be automatically assigned by SelfieNations, in our sole discretion, to a third party. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.