NudePicsNow.com

Terms of Service Agreement

 

NudePicsNow welcomes you to www.nudepicsnow.com (the “Website”). It is important to the Company that you and other visitors have the best possible experience while using the Website, and that, when you use the Website, you understand your legal rights and obligations. Please read this terms-of-service agreement, which is a legal agreement between you and the Company that governs your access to and use of the Website, including any content, functionality, and services offered on or through the Website. You may access the Website only if you agree to this agreement. Please pay special attention to the following sections of this agreement: (1) disclaimer of warranties (section 14); (2) limit on liability and exclusion of damages (sections 15 and 16); (3) place for resolving disputes (section 19.2); (4) mandatory mediation and arbitration (sections 20.3 and 20.4); (5) class action waiver (section 20.8); and (6) limitation on time to file disputes (section 20.9).

 

Section 230(d) Notice: In accordance with 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms.

 

Minors prohibited. The Website may contain, or direct you to websites containing, adult oriented content and is not intended for minors. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access the Website. The Company forbids all persons who do not meet these age requirements from accessing the Website. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products, which the Company provides for informational purposes only and does not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.

 

Child Pornography prohibited. The Company prohibits pornographic content involving minors. The Company only allows visual media of consenting adults for consenting adults on the Website. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within the Website, please promptly report this to the Company at https://www.nudepicsnow.com/contact/. Please include with your report all appropriate evidence, including the date and time of identification. The Company will promptly investigate all reports and take appropriate action. The Company fully cooperates with any law-enforcement agency investigating child pornography.

 

1. Introduction

1.1 The Website allows users to upload, share, and view adult content depicting sexually explicit images. The Website also contains other content and material uploaded or posted by users, including text, messages, images, photos, and files. By accessing the Website, you may see graphic depictions, nudity, adult language, and descriptions of explicit sexual activity, including heterosexual, bisexual, homosexual, and transsexual situations of a sexual nature. Access and registration to the Website is free. The only time you must pay is if you purchase access to the premium area.

1.2 This agreement applies to all users of the Website, whether you are a “visitor” or a “registered user.” By clicking on the “I Agree” button on the warning page, checking the appropriate box during registration, purchasing access to premium content, or accessing any part of the Website, you agree to this agreement. If you do not want to agree to this agreement, you must leave the Website. If you breach any part of this agreement, the Company may revoke your license to access the Website, block your access, and cancel your account (if you have one).

1.3 The Company is not liable for anything that you post or say while you are on the Website. The Company does not monitor the content of the Website, but if the Company does see, or someone tells the Company that you have posted, something that the Company finds inappropriate, the Company will remove it and may take appropriate action against you. If you post content that belongs to someone else and they get annoyed (or even call in their lawyers), the Company is not in the firing line. You have to take responsibility for what you post.

1.4 The Company may change this agreement on one or more occasions by updating this page. The top of this page will tell you when the Company last updated this agreement. Changes take effect on the “last updated” date stated on the top of this page. Changes will not operate retroactively. The Company will try to let you know when it changes this agreement if it can do so in a reasonable way. But you should frequently check this page to make sure that you are operating under the most current version of this agreement. The Company will consider your continued use of the Website after it posts the changes as your acceptance of the changes even if you do not read them. If you do not agree to the changes, your sole remedy is to stop accessing the Website.

1.5 If you have any questions about this agreement or any questions or comments about the Website, please contact the Company at https://www.nudepicsnow.com/contact/.

 

2. Eligibility Requirements

2.1 The Website contains uncensored sexually explicit material unsuitable for minors. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access the Website. If you do not meet these age requirements, you must not access the Website and must leave now.

2.2 By accessing the Website, you state that the following facts are accurate:

You are at least 18-years old, have reached the age of majority where you live, and you have the legal capacity to enter this agreement;

All information you provided to the Company is accurate, and you will promptly update this information when necessary to make sure that it remains accurate;

You are aware of the adult nature of the content available on the Website, and you are not offended by visual images, verbal descriptions, and audio sounds of a sexual nature, which may include graphic visual depictions and descriptions of nudity and sexual activity;

You are familiar with your community’s laws affecting your right to access adult-oriented materials, including sexually explicit material depicting bondage, S/M, and other fetish activities;

You have the legal right to access adult-oriented materials, including sexually explicit material depicting bondage, S/M, and other fetish activities, and the Company has the legal right to transmit them to you;

You are voluntarily requesting adult-oriented materials for your own private enjoyment;

You are not accessing the Website from a place, country, or location in which doing so would, or could be considered a violation of law;

You will not share these materials with a minor or otherwise make them available to a minor; and

By accessing the Website, you will have released and discharged the providers, owners, and creators of the Website from all liability that might arise.

 

3. Use of Website

3.1 License; License Restrictions

During this agreement, the Company hereby grants you a nonexclusive, nonsublicensable, nontransferable license to access the Website and its content for your personal and noncommercial use in accordance with this agreement. For purposes of this agreement, the following definitions apply:

“Access” means visit the Website, use its services, and view or download its content.

“Content” means any material, including the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, communications, profiles, streams, data, and other materials found on the Website.

“Personal and noncommercial use” means a presentation of the content for which no fee or consideration is charged or received, which takes place in your private residence or, if outside your residence, is limited to a private viewing by you. Personal and noncommercial use excludes any public or private event presentation even if no fee is charged.

The license granted in section 3.1(a) does not include any of the following:

resale or commercial use of the Website;

distribution, public performance, or public display of the Website or the content;

changing or otherwise making any derivative uses of the Website and the content, or any part of the Website or the content, unless the Company specifically authorizes change or derivative use in a separate written agreement with you;

use of any data mining, robots, or similar gathering or extraction methods;

downloading (other than webpage caching) any part of the Website or the content except as permitted on the Website; or

any other use of the Website or the content other than for its intended purpose.

Your license to access the Website does not transfer ownership of or title to a copy of any content that you view or download, and the Company only authorizes you to use your copy in accordance with this agreement. If you download or print a copy of the content for your personal use, you must retain all copyright and other proprietary notices embedded in the content. Any use of the Website or the content except as authorized by this agreement will terminate the license granted here. Unauthorized use of the Website or the content also may violate intellectual property laws or other laws. Unless stated here, nothing in this agreement should be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. The Company may revoke this license at any time.

3.2 Intellectual Property Rights

Ownership of Website

The Website and its entire contents, features, and functionality (including all information, software, text, displays, images, video, audio, and audiovisual combinations and the design, selection, and arrangement of it) are owned by the Company, its licensors, or other providers of the material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Trademarks

The Company’s name and logo, the Website’s name and logo, the terms NUDE PICS NOW, NUDEPICSNOW, or NUDEPICSNOW.COM, and all related names, logos, product and service names, designs, and slogans are the Company’s trademarks, and must not be copied, imitated, or used, in whole or in part, without the Company’s written permission. In addition, all page headers, custom graphics, button icons, and scripts are the Company’s service marks, trademarks, and trade dress, and must not be copied, imitated, or use, in whole or in part, without the Company’s advance written permission. Other names of actual companies, products, or services mentioned on the Website may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement, or association by or with the Company, or that those owners endorse or have any affiliation with the Website. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any marks displayed on the Website, meta tags, or any other “hidden text” using marks that belong to the Company and its licensors, without advanced written permission from the Company or the third party who may own the mark.

3.3 User Conduct

You will not engage in any of the following prohibited activities:

copying, distributing, or disclosing any part of the Website in any medium, including by any automated or nonautomated “scraping;”

using any automated system, including “robots,” “spiders,” “offline readers,” etc., to access the Website;

transmitting spam, chain letters, or other unsolicited email;

attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website;

taking any action that imposes, or may impose at the Company’s sole discretion an unreasonable or disproportionately large load on the Website infrastructure;

uploading invalid data, viruses, worms, or other software agents through the Website;

collecting or harvesting any personally identifiable information, including account names, from the Website;

using the Website for any commercial solicitation purposes;

impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;

interfering with the proper working of the Website;

accessing any content on the Website through any technology or means other than those provided or authorized by the Website;

bypassing the security measures that the Company may use to prevent or restrict access to the Website, including features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content located on it; or

using the Website for any unlawful purpose or in any way that is prohibited by this agreement or that exposes the Company to civil or criminal liability.

You also will comply with the standards set out in section 6.6 and section 6.7.

 

4. Your Account

4.1 Account Creation

To access many of the Website’s features, you must register. To register, you must complete the registration process by providing the Company with accurate information as prompted by the registration form. You must also choose a password and a username.

4.2 Responsibility for Account

You are responsible for keeping your password and account confidential. Further, you are responsible for all activities that occur under your account. You must notify the Company promptly of any unauthorized use of your account or any other security breach.

4.3 Liability for Account Misuse

The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by the Company or another party due to someone else using your account or password.

4.4 Use of Other Accounts

You must not use anyone else’s account at any time.

4.5 Account Security

The Company cares about the integrity and security of your personal information. But the Company cannot guarantee that unauthorized third parties will never be able to defeat the Website’s security measures or use any personal information you provide to the Company for improper purposes. You acknowledge that you provide your personal information at your own risk.

4.6 Communication Preferences

By registering for an account, you consent to receiving electronic communications from the Company relating to your account. These communications may involve sending emails to your email address provided during registration or posting communications on the Website and will include notices about your account (e.g., change in password, confirmation emails, and other transactional information) and are part of your relationship with the Company. You acknowledge that any notices, agreements, disclosures, or other communications that the Company sends to you electronically will satisfy any legal communication requirements, including that these communications be in writing. The Company recommends that you keep copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from the Company, including newsletters about new features and content, special offers, promotional announcements, and customer surveys via email or other methods. You acknowledge that communications you receive from the Company may contain sexually-explicit material unsuitable for minors. If you no longer want to receive certain non-transaction communications, please review the Privacy Policy below regarding opting out of marketing communications.

 

5. Premium Membership, Trial Memberships, Billing, and Cancellation

5.1 Premium Membership

Ongoing Membership

Your premium membership, which may start with a trial membership, will continue month-to-month (or any longer term selected) and automatically renew unless you cancel your membership, or the Company terminates it. You must have Internet access and provide the Company with a current, valid, accepted method of payment. The Company will bill the membership fee to your chosen payment method. You must cancel your premium membership before it renews each term to avoid billing of the next term’s premium membership fees to your chosen payment method.

 

Differing Memberships

The Company may offer several membership plans, including special promotional plans or memberships with differing conditions and limitations. Any material different terms from those described in this agreement will be disclosed at your signup or in other communications made available to you.

 

5.2 Trial Memberships

Your premium membership may start with a trial. The trial period of your premium membership lasts for the period specified during signup. The Company will begin billing your payment method for monthly membership fees at the end of the trial period of your premium membership and your premium membership will automatically renew monthly unless you cancel before the end of the trial period. The Company may authorize your payment method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some cases, your available balance or credit limit may be reduced to reflect the authorization during your trial period. The Company will continue to bill your payment method monthly for your premium membership fee until you cancel.

 

5.3 Billing

Recurring Billing

By starting your premium membership and providing or designating a payment method, you hereby authorize the Company or its payment processor to charge you a premium membership fee at the rate in effect when you originally signed up, and any other charges you may incur in connection with your use of the Website, such as taxes or possible transaction fees. Your premium membership will continue for the length of the initial term you select, and, at the end of your prepaid initial term, it will automatically renew for additional prepaid periods of the same length. You must cancel your premium membership before it renews to avoid billing of the next term’s premium membership fees to your payment method. Your account will automatically be charged at the rates in effect at the time you originally signed up.

 

Price Changes

The Company may adjust pricing for its service or any components of it in any way and at any time as it may determine in its sole discretion. Any price changes will not affect your current membership (including any renewals) unless the Company gives you 30-days advance email notice to you

 

Billing Cycle

The membership fee will be billed at the beginning of the initial term of your premium membership and every 30 days afterwards until you cancel your premium membership (unless you selected one-time charge when you purchased your premium membership). The Company (or its authorized payment processor) automatically bills your payment method every 30 days. Membership fees are fully earned on payment.

 

Billing Disputes

If you believe that the Company has charged you in error, you must notify the Company in writing no later than 30 days after you receive the billing statement in which the error first appeared. If you fail to notify the Company in writing of a dispute within this 30-day deadline, you waive any disputed charges. You must submit any billing disputes in writing to https://www.nudepicsnow.com/contact/ and include a detailed statement describing the nature and amount of the disputed charges. The Company will correct any mistakes in a bill and add or credit them against your future payments.

 

Chargebacks

You are liable to the Company for any credit card chargebacks or related fees that the Company incurs on your account. If you fail to pay the Company for any credit card chargeback or related fees no later than 30 days after its initial demand for payment, you will pay the Company $100 in additional liquidated damages, plus any costs the Company incurs for each chargeback or related fee.

 

Refunds

The Company considers all purchases final when made, except that the Company may approve a refund in the form of a credit on request if exceptional circumstances exist. If you believe exceptional circumstances exist, please contact the Company at https://www.nudepicsnow.com/contact/ and explain the exceptional circumstances that you believe merits a refund. The Company is not making any promise that it will give you a refund. If the Company gives you a refund, the Company will issue the refund in the form of a credit to the payment method you used for your purchase; the Company will not make refunds in the form of cash, check, or free services. The provision of a refund in one instance does not entitle you to a refund in the future for similar instances; nor does it obligate the Company to provide refunds in the future, under any circumstance.

 

Cancellation

You may cancel your premium membership at any time, and you will continue to have access to the Website through the end of your membership term. The Company does not provide refunds or credits for any partial-month membership periods. To cancel your premium membership, please contact the payment processor that you signed up through. If you do not know which payment processor you sign up through, please contact the Company at https://www.nudepicsnow.com/contact/.

 

6. User Content

6.1 In General

The Website may allow you to submit comments, pictures, videos, and other content (“submissions”) to the Website. Except for personally identifiable information covered under the Privacy Policy below, the Company will consider any submission to the Website nonconfidential and nonproprietary. You acknowledge that you are solely responsible for your submissions, and you, not the Company, have full responsibility for your submissions, including their legality, reliability, accuracy, and appropriateness.

 

6.2 Content Ownership

You keep all ownership rights in your submissions to the Website. You acknowledge that the Company has no control over what other users may do with copies of your submissions if you remove your submissions from the Website.

 

6.3 Content License

By making submissions to the Website, you hereby grant the Company, its affiliates, and service providers, and each of their and the Company’s respective licensees, a worldwide, nonexclusive, sublicensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your submissions in connection with the Website and the Company’s (and its successors’ and affiliates’) business, including for promoting and redistributing part or all of the Website (and derivative works of it) in any media formats and through any media channels. The Company may freely use and otherwise exploit your submissions for any purpose without any obligation to pay you.

 

6.4 Moral Rights

You hereby waive all moral rights in your submissions that may be available to you in any part of the world and you state that no moral rights have been asserted.

 

6.5 Statements of Fact

For each submission, you state that the following facts are accurate:

 

You own or control all rights in your submission and have the right to grant the license granted above to the Company and its affiliates and service providers, and each of their and the Company’s respective licensees, successors, and assigns;

Your submission does not depict any person under 18-years old;

You have inspected and are keeping written documentation sufficient to confirm that all subjects of your submission are in fact 18-years old or older as required by 18 U.S.C. §§ 2257–2257A and the regulations codified at 28 C.F.R. Part 75;

You have a signed written consent or release for each identifiable person in the submission to use their name or likeness to allow inclusion and use of the submission in the way contemplated by the Website and this agreement; and

Your submission complies with this agreement, including section 6.6.

6.6 Submission Standards

These submission standards apply to all submissions. Submissions must in their entirety comply with applicable federal, state, provincial, local, and international laws and regulations.

Submissions must not:

 

Contain any material that is defamatory, libelous, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;

Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

Depict or portray incest, rape or nonconsensual sex, extreme violence, torture, nonconsensual pain, blood, cutting, erotic asphyxiation, torture, necrophilia, sado-masochistic abuse or bondage, genital mutilation, bestiality, urination, defecation, enema play, vomiting, or menstrual bleeding;

Constitute child pornography or involve depictions of nudity or sexuality by an age-inappropriate-looking model (i.e., someone who looks younger than 18-years old, regardless of their actual age, including a model who is portrayed or otherwise made to appear as a person under 18-years old by virtue of the script, make-up, demeanor, costuming, settings, or props);

Constitute involuntary or revenge pornography (that is photographs, videos, or digital images of a person in a state of nudity or engaged in any act of sexual conduct, taken or posted without that person’s permission);

Infringe any copyright, patent, trademark, trade secret, or other intellectual property rights of any person;

Be watermarked with another website’s or entity’s name or URL;

Be taken from adult magazines, professional porn movies, or pay sites (not even their free samples);

Contain viruses, worms, or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;

Violate the legal rights (including the rights of publicity and privacy) of any person, or contain any material that could give rise to any civil or criminal liability under governing laws or otherwise may be in conflict with this agreement or the Privacy Policy;

Be likely to deceive any person;

Promote any illegal activity, or advocate, promote, or assist any unlawful act;

Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;

Impersonate any person, or misrepresent your identity or affiliation with any person or organization;

Involve commercial activities or sales, including contests, sweepstakes, and other sales promotions, barter, or advertising; or

Give the impression that they emanate from or are endorsed by the Company or any other person, if this is not the case.

6.7 Use of Communication Services

The Website may contain forums, bulletin board services, chat areas, message boards, communities, or other message or communication facilities designed to allow you to communicate with other users of the Website (collectively, “communication services”). You will use the communication services only to post, send, and receive messages and content that are proper and related to the particular communication service.

Among other actions, when using a communication service, you must not do any of the following:

Harass, stalk, threaten, embarrass, or cause distress or discomfort to another chatroom participant, including a user or any other person;

Transmit any information, data, text, files, links, software, communication, or other materials that the Company reasonably considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, slanderous, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable;

Cause any chatroom screen to “scroll” faster than others are able to type to it or any action to a similar disruptive effect;

Post private or personal information of any person;

Request personal information from or share personal information with any user, including financial information, email address, telephone number, or mailing address;

Impersonate any person;

Request money from, or otherwise defraud other users of the Website;

Engage in any activity that may be considered obscene in your community or may be generally considered obscene worldwide;

Engage in any illegal activity;

Discuss illegal activity (including prostitution or escort services) or post links to other websites that engage in those activities;

Discuss pedophilia, the exploitation of children, age-play, rape, or incest;

Disrupt the normal flow of dialogue in a chatroom or otherwise act in a manner that negatively affects other participants;

Intentionally or unintentionally violate any local, state, national, or international law, including any regulations having the force of law while using or accessing a chatroom;

Post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation in the chatroom;

Share links to third-party websites; or

Engage in antisocial, disruptive, or destructive behavior, including “bombing,” “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet

The Company does not control or endorse the content, messages, or information found in any communication service, and the Company will not be liable for the communication services and any actions resulting from your participation in any communication service. Managers and hosts are not authorized spokespersons, and their views do not necessarily reflect those of the Company.

6.8 Monitoring and Enforcement

The Company may do any of the following:

Remove or refuse to post any submission or communication for any reason, including obscene or defamatory material or excessive length;

Take any action against any submission or communication that the Company considers necessary or appropriate, including if the Company believes that the submission or communication breaches this agreement, infringes any intellectual property right of any person, threatens the personal safety of users of the Website or the public, or could create liability for the Company;

Disclose your identity or other information about you to any person who claims that your submission or communication violates their rights, including their intellectual-property rights or their privacy rights;

Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website; or

Terminate or suspend your access to all or part of the Website for any reason, including breach of this agreement.

The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of or other information about anyone posting any submission or communication on or through the Website. You hereby waive any claims you might have against the Company—including its affiliates, licensees, and service providers—resulting from any action taken by the Company during or because of the Company’s investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.

The Company cannot and does not review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. You remain solely responsible for the content of your submissions and communications. The Company will not be liable for any action or inaction regarding submissions, transmissions, communications, or content provided by any user or third party. The Company will not be liable to anyone for performance or nonperformance of the activities described in this section 6.8. But if you know of any submission or communication that violates this agreement, please contact the Company at https://www.nudepicsnow.com/contact/. Please provide as much detail as possible, including (1) a copy of the objectionable submission or the location where the Company may find it, (2) the reason the Company should remove it, and (3) a statement certifying the accuracy of the information you provided to the Company.

 

7. Links

The Website may contain links to third-party websites or resources. You acknowledge that the Company is not responsible or liable for (1) the availability or accuracy of third-party websites or resources; or (2) the content, products, or services on or available from third-party websites or resources. Links to third-party websites or resources do not imply any endorsement by the Company of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

 

8. Third-Party Content

Through the Website, you can access or use content provided by third parties. The Website is a distributor and not a publisher of content supplied by third parties, including users. The Company cannot guarantee that third-party content will be free of material you may find objectionable or otherwise. The Company has no more editorial control over third-party content than does a public library or newsstand. The Company will not be liable to you for your access or use of any third-party content.

 

9. Privacy

For information about how the Company collects, uses, and shares your information, please review the Privacy Policy below. You acknowledge that by using the Website, you consent to the collection, use, and sharing (as set out in the Privacy Policy) of this information, including the transfer of this information to the United States or other countries for storage, processing, and use by the Company.

 

10. Copyright Policy

10.1 The Company respects the intellectual property rights of others and expect users of the Website to do the same. The Company will respond to notices of alleged copyright infringement that comply with law and are properly provided to the Company. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide the Company’s copyright agent with the following information in accordance with the Digital Millennium Copyright Act (DMCA):

a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;

identification of the copyrighted work claimed to have been infringed;

identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material;

your contact information, including your address, telephone number, and an email address;

a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

10.2 It is the Company’s policy in appropriate circumstances to disable or terminate the user accounts of repeat infringers in accordance with the Company’s “Repeat Infringer” Policy.

 

11. Termination

11.1 Termination on Notice

Either party may terminate this agreement at any time by notifying the other party.

 

11.2 Termination by the Company

The Company may suspend, disable, or cancel your access to the Website (or any part of it) if it determines that you have breached this agreement or that your conduct would tend to damage the Company’s reputation and goodwill. If the Company terminates your access for any of these reasons, you must not access the Website. The Company may block your email address and IP address to prevent further access.

 

11.3 Effect of Termination

On termination, your right to access the Website and all licenses granted by the Company terminates. Termination of your access to the Website will not relieve you of any obligations arising or accruing before termination or limit any liability that you otherwise may have to the Company or any third party. You are solely responsible for making sure that any recurring billing is cancelled. To cancel recurring billing, please contact the payment processor you signed up through.

 

11.4 Survival

This agreement’s provisions that by their nature should survive termination will survive termination, including ownership provisions, warranty disclaimers, and limitations of liability.

 

12. Changes to the Website; Availability

12.1 Although the Company may update the content on the Website on one or more occasions, the content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and the Company is not required to update that material. If you believe you have found errors or omissions on the Website, you can bring them to the Company’s attention by contacting it at https://www.nudepicsnow.com/contact/.

12.2 While the Company will try to make sure that the Website is always available, it does not guarantee continuous, uninterrupted, or secure access to the Website. Many factors or circumstances outside of the Company’s control may interfere with or adversely affect its operation of the Website.

 

13. Compliance with Law

The Website is hosted in the United States. The Company is not making any statement that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website might not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for complying with all local laws. If you access the Website in a jurisdiction that prohibits or restricts its use, the Company will not have any liability to you for your use.

 

14. Acknowledgments and Warranty Disclaimers

14.1 You acknowledge that the Company cannot and does not state that files available for downloading from the Internet or the Website will be free from loss, corruption, attack, viruses or other destructive code, interference, hacking, or other security intrusions. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for keeping a means external to the Website for any reconstruction of any lost data. The Company will not be liable for any loss or damage caused by a distributed denial-of-service (DDoS) attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on the Website, or on any website linked to the Website.

14.2 You acknowledge that the Website includes content provided by third parties, including materials provided by other users, third-party licensors, syndicators, or aggregators (“third-party materials”), and that the Company does not prescreen or preemptively monitor third-party materials. All statements or opinions expressed in third-party materials, and all responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person providing third-party materials. Third-party materials do not reflect the opinion of the Company. The Company will not be liable to you or any other person for the content or accuracy of any third-party materials. You further acknowledge that you may be exposed to third-party materials that are inaccurate, offensive, indecent, obscene, or otherwise objectionable, and you hereby waive any legal or equitable rights or remedies you have or may have against the Company with respect to these third-party materials.

14.3 The Company will use reasonable efforts to protect information submitted by you in connection with the Website, but you acknowledge that your submission of this information is at your sole risk, and the Company will not be liable to you for any loss relating to that information.

14.4 Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. The Company provides the Website, its content, and any services or items obtained through the Website “as is,” “with all faults,” and “as available,” without making any warranty, either express or implied. The Company is not making any warranty (1) that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that the Website or the server that makes it available are free of viruses or other harmful components; or (4) that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.

14.5 The Company is not making any warranty, whether express, implied, statutory, or otherwise, including warranty of merchantability, title, noninfringement, privacy, security, and fitness for a particular purpose. No advice or information, whether oral or written, obtained from the Company, the Website, or elsewhere will create any warranty not expressly stated in this agreement.

 

15. Limit on Liability; Release

15.1 The Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any of the following:

Errors, mistakes, or inaccuracies of content;

Personal injury or property damage resulting from your access to and use of the Website or its content;

Content (including user submissions) or conduct that is infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libelous, abusive, invasive of privacy, or illegal;

Unauthorized access to or use of the Company’s servers and any personal or financial information stored in them, including unauthorized access or changes to your account, submissions, transmissions, or data;

Interruption or cessation of transmission to or from the Website;

Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Website by any person or that might infect your computer or affect your access to or use of the Website, your other services, hardware, or software;

Incompatibility between the Website and your other services, hardware, or software;

Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with the Website; or

Loss or damage incurred because of the use of any content posted, emailed, sent, or otherwise made available through the Website

15.2 You hereby release the Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers from all liability arising out of user submissions or the conduct of other users or third parties, including disputes between you and one or more other users or third parties.

 

16. Exclusion of Damages; Exclusive Remedy

16.1 Unless caused by gross negligence or intentional misconduct, the Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages arising out of or relating to your access or your inability to access the Website or the content. This exclusion applies regardless of theory of liability and even if you told the Company about the possibility of these damages or the Company knew or should have known about the possibility of these damages

16.2 The Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Website or the content. This exclusion applies regardless of theory of liability and even if you told the Company about the possibility of these damages or the Company knew or should have known about the possibility of these damages.

16.3 If you are dissatisfied with the Website or have any other complaint, your exclusive remedy is to stop using the Website. The maximum liability of the Company and its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers to you for any claim will not exceed the greater of $500 and the amount you have paid to the Company for the applicable purchase out of which liability arose even if the remedy fails of its essential purpose.

 

17. Scope of Disclaimers, Exclusions, and Limits

The disclaimers, exclusions, and limits stated in sections 14, 15, and 16 apply to the greatest extent allowed by law, but no more. The Company does not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limits will not apply to you.

 

18. Indemnification

18.1 In General

You will pay the Company, its directors, officers, employees, agents, contractors, subsidiaries, affiliates, licensors, content providers, and service providers (the “Indemnified Parties”) for any loss of the Indemnified Parties’ that is caused by any of the following:

 

your actual or alleged access of or conduct on the Website, including your submissions to the Website;

your breach of this agreement;

your actual or alleged violation of rights of any person, including intellectual property, publicity, and privacy rights;

your actual or alleged violation of any applicable law;

your actual or alleged tortious conduct; or

your actual or alleged criminal conduct.

But you are not required to pay if the loss was caused by the Indemnified Parties’ actual intentional misconduct.

 

18.2 Definitions

“Loss” means an amount that the Indemnified Parties are legally responsible for or pay in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages.

A loss is “caused by” an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.

18.3 Indemnified Parties’ Duty to Notify You

If the Indemnified Party has your contact information, the Indemnified Party will notify you before the 30th day after the Indemnified Party knows or should reasonably have known of a claim for a loss that you might be compelled to pay. But the Indemnified Party’s failure to give you timely notice does not end your obligation, except if that failure prejudices your ability to defend or mitigate losses.

 

18.4 Legal Defense of a Claim

The Indemnified Party has control over defending a claim for a loss (including settling it), unless the Indemnified Party directs you to control the defense. If the Indemnified Party directs you to control the defense, you will not settle any litigation without the Indemnified Party’s written consent if the settlement (1) imposes a penalty or limitation on the Indemnified Party, (2) admits the Indemnified Party’s fault, or (3) does not fully release the Indemnified Party from liability. You and the Indemnified Party will cooperate with each other in good faith on a claim.

 

18.5 No Exclusivity

The Indemnified Parties’ rights under this section 18 do not affect other rights they might have.

 

19. Governing Law; Place for Resolving Disputes

19.1 British Virgin Island law, without giving effect to any conflicts of law principles, governs all matters arising out of or relating to the Website or this agreement. The predominant purpose of this agreement is providing services and licensing access to intellectual property and not a “sale of goods.” This agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

 

19.2 Except for disputes subject to arbitration, all disputes arising out of or relating to the Website or this agreement will be subject to the exclusive jurisdiction and venue of the courts of competent jurisdiction located in the British Virgin Islands. Each party hereby submits to the personal jurisdiction of the courts of competent jurisdiction located in the British Virgin Islands to resolve all disputes not subject to arbitration. Each party hereby waives any right to seek another forum or venue because of improper or inconvenient forum.

 

19.3 For purposes of this section 19, the Website will be deemed solely based in the British Virgin Islands and will be deemed a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in any other jurisdiction.

 

20. Dispute Resolution

20.1 Litigation Election

Either party may elect to litigate the following type of case or controversy: (a) an action seeking injunctive relief, or (b) a suit to compel compliance with this dispute resolution process.

 

20.2 Negotiation

Each party will allow the other a reasonable opportunity to comply before it claims that the other has not met the duties under this agreement. The parties will first meet and negotiate with each other in good faith to try to resolve all disputes between the parties arising out of or relating to the Website.

 

20.3 Mediation

If the parties cannot settle a dispute arising out of or relating to the Website or this agreement through negotiation after 30 days, either party may, by notice to the other party and the International Chamber of Commerce (ICC), demand mediation under the ICC Mediation Rules. Mediation will take place in Road Town, Tortola, British Virgin Islands. The language of the mediation will be English. Each party will bear its own costs in mediation, and the parties will share equally between them all third-party mediation costs unless the parties agree differently in writing. Each party will participate actively and constructively in mediation proceedings once started and will attend at least one joint meeting between the mediator and the parties. Any party may terminate mediation at any time after an initial meeting between the mediator and the parties.

 

20.4 Arbitration

Procedure

If the parties cannot settle a dispute through mediation, the parties will settle any unresolved dispute arising out of or relating to the Site or this agreement by binding arbitration administered by the ICC in accordance with the Rules of Arbitration of the International Chamber of Commerce. The arbitrator, and not any court or agency, will have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this agreement, including any claim that any part of this agreement is void or voidable.

 

Location

Unless the parties agree otherwise, the arbitration will take place in Road Town, Tortola, British Virgin Islands.

 

Fees

Each party will be responsible for paying any filing, administrative, and arbitrator fees associated with the arbitration.

 

Award

The arbitrator may grant whatever relief that would be available in a court at law or in equity, except that the arbitrator must not award punitive or exemplary damages, or damages otherwise limited or excluded in this agreement. In accordance with section 20.6, the arbitrator’s award will include costs of arbitration, reasonable legal fees, and reasonable costs for expert and other witnesses. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

 

Confidentiality

Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under this agreement without the advance written consent of both parties.

 

20.5 Right to Injunctive Relief

Nothing in this section 20 will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Website.

 

20.6 Recovery of Expenses

In any proceedings between the parties arising out of this agreement or relating to the subject matter of this agreement, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses. For purposes of this section 20.6, “prevailing party” means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the prevailing party. If any proceedings are voluntarily dismissed or are dismissed as part of settlement of that dispute, neither party will be the prevailing party in those proceedings.

 

20.7 Jury Trial Waiver

Both parties hereby waive the right to a trial by jury for any dispute arising out of or relating to the Website. Either party may enforce this waiver up to and including the first day of trial.

 

20.8 Class Action Waiver

All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless the Company agrees otherwise, the arbitrator will not consolidate more than one person’s claims. Both parties acknowledge that each party is waiving the right to participate in a class action.

 

20.9 Limitation on Time to Bring Claims

A party will not file a claim arising out of or relating to the Website more than one year after the cause of action arose. Any claim brought after one year is barred.

 

21. General

21.1 Entire Agreement

This agreement constitutes the entire agreement between you and the Company about your access to the Website. It supersedes all earlier or contemporaneous agreements between you and the Company about access to the Website. A printed version of this agreement will be admissible in any proceedings arising out of (or relating to) this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and kept in printed form. Any additional terms on the Website will govern the items to which they pertain.

 

21.2 Copy of this Agreement

You may—and the Company recommends that you—print this agreement on your printer or save it to your computer. If you have trouble printing a copy, please contact the Company at https://www.nudepicsnow.com/contact/ and it will email you a copy.

 

21.3 Changes

The Company may change this agreement on one or more occasions. The Company will try to post changes on the Website at least 15 days before they become effective. Changes will become effective on the “last updated” date stated at the top of this page. Changes will not apply to continuing disputes or to disputes arising out of (or relating to) events happening before the posted changes. While the Company will try to notify you when the Company changes this agreement, the Company does not assume an obligation to do so, and it is your responsibility to frequently check this page to review the most current agreement. By continuing to use the Website after the Company posts changes to this agreement, you agree to the revised agreement. If you do not agree to the revised agreement, your exclusive remedy is to stop accessing the Website. If you need more information about the changes or have any other questions or comments about the changes, please contact the Company at https://www.nudepicsnow.com/contact/.

 

21.4 Assignment and Delegation

The Company may assign its rights or delegate any performance under this agreement without your consent. You will not assign your rights or delegate your performance under this agreement without the Company’s advanced written consent. Any attempted assignment of rights or delegation of performance in breach of this section 21.4 is void.

 

21.5 No Waivers

The parties may waive a provision in this agreement only by a writing signed by the party or parties against whom the waiver is sought to be enforced. No failure or delay in exercising any right or remedy, or in requiring the satisfaction of any condition, under this agreement, and no act, omission, or course of dealing between the parties, operates as a waiver or estoppel of any right, remedy, or condition. A waiver made in writing on one occasion is effective only in that instance and only for the purpose stated. A waiver once given is not to be construed as a waiver on any future occasion or against any other person.

 

21.6 Severability

The parties intend as follows:

 

that if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded;

that if modifying or disregarding the unenforceable provision would result in failure of an essential purpose of this agreement, the entire agreement will be held unenforceable;

that if an unenforceable provision is modified or disregarded in accordance with this section 21.6, then the rest of the agreement will remain in effect as written; and

that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.

21.7 Notices

Sending Notice to the Company

You may send notice to the Company through the Website at https://www.nudepicsnow.com/contact/ unless a specific email address is set out for giving notice. The Company will consider an email notice received by the Company only when its server sends a return message to you acknowledging receipt. The Company may change its contact information on one or more occasions by posting the change on the Website. Please check the Website for the most current information for sending notice to the Company.

 

Sending Notice to You—Electronic Notice

You consent to receiving any notice from the Company in electronic form either (1) by email to the last known email address the Company has for you or (2) by posting the notice on a place on the Website chosen for this purpose. The Company will consider notices sent to you by email received when its email service shows transmission to your email address. You state that any email address you gave the Company for contacting you is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email you receive.

 

21.8 Force Majeure

The Company is not responsible for any failure to perform if unforeseen circumstances or causes beyond its reasonable control delays or continues to delay its performance, including:

 

Acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;

War, riot, arson, embargoes, acts of civil or military authority, or terrorism;

Fiber cuts;

Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials;

Failure of the telecommunications or information services infrastructure; and

Hacking, SPAM, or any failure of a computer, server, network, or software.

21.9 No Third-Party Beneficiaries

This agreement does not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.

 

21.10 Relationship of the Parties

This agreement does not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship between the parties and the parties expressly disclaim the existence of any of these relationships between them. Neither of the parties is the agent for the other, and neither party has the right to bind the other on any agreement with a third party.

 

21.11 Successors and Assigns

This agreement inures to the benefit of, and are binding on, the parties and their respective successors and assigns. This section 21.11 does not address, directly or indirectly, whether a party may assign rights or delegate obligations under this agreement. Section 21.4 addresses these matters.

 

21.12 Electronic Communications Not Private

The Company does not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to the Company or from the Company as open communications readily accessible to the public. You should not use the Website to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to the Website regardless of whether they are intended recipients.

 

21.13 Electronic Signatures

Any affirmation, assent, or agreement you send through the Website will bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your finger, mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

 

21.14 Consumer Rights Information—California Residents Only

This section 21.14 applies only to California residents. In compliance with section 1789 of the California Civil Code, please note the following:

 

Users who wish to gain access to the password-restricted area of the Website must register. The Company does not charge consumers for registering, but the Company charges for access to the premium area. You may contact the Company at to resolve any disputes or to receive further information about the Website.

 

21.15 Complaints—California Residents Only

You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.

 

21.16 Feedback

The Company encourage you to provide feedback about the Website. But the Company will not treat as confidential any suggestion or idea provided by you, and nothing in this agreement will restrict its right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.

 

21.17 English language

The Company drafted this agreement in the English language. No translation into any other language will be used to interpret or construe this agreement. All services, support, notices, designations, specifications, and communications will be provided in English.

 

21.18 Your Comments and Concern

You should direct all feedback, comments, requests for technical support, and other communications relating to the Website to https://www.nudepicsnow.com/contact/.

 

21.19 Usages

In this agreement, the following usages apply:

 

Actions permitted under this agreement may be taken at any time and on one or more occasions in the actor’s sole discretion.

References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.

References to numbered sections in this agreement also refer to all included sections. For example, references to section 6 also refer to 6.1, 6.1(a), etc.

References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.

“A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.

“Including” means “including, but not limited to.”

NudePicsNow.com

Privacy Policy

 

Welcome to NudePicsNow’s privacy notice.

 

NudePicsNow respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

 

Important Information and Who We Are

This privacy notice aims to give you information on how collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up to our website or purchase access to premium content.

 

This website is not intended for children and we do not knowingly collect data relating to children.

 

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

 

Controller

 NudePicsNow is the controller and responsible for your personal data (collectively referred to as “,” “we,” “us,” or “our” in this privacy notice).

 

Changes to the Privacy Notice and Your Duty to Inform Us of Changes

This version was last updated on April 30th, 2020 and historic versions can be obtained by contacting us at https://www.nudepicsnow.com/contact/.

 

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

 

Third-Party Links

This website may include links to third-party websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

 

The Data We Collect About You

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

 

We may collect, use, store, and transfer different kinds of personal data about you which we have grouped together as follows:

 

• Identity Data includes first name, last name, username, data of birth, and gender.
• Contact Data includes billing address and email address.
• Financial Data includes payment card details.
• Transaction Data includes details about payments from you and other details of services you have purchased from us.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback, and survey responses.
• Usage Data includes information about how you use our website and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

 

We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

 

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses.

 

If You Fail to Provide Personal Data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.

 

How Is Your Personal Data Collected?

We use different methods to collect data from and about you including through:

 

• Direct interactions. You may give us your Identity, Contact, and Financial Data by filling in forms or by corresponding with us by email or otherwise. This includes personal data you provide when you:

 

• • apply for our services;
  • create an account on our website;
  • subscribe to our service;
  • request marketing to be sent to you;
  • enter a competition, promotion, or survey; or
  • give us some feedback.
• Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions, and patterns. We collect this personal data by using cookies, server logs, and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.
• Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below:
  • Technical Data from the following parties:
    • analytics providers such as Google based outside the EU;
    • advertising networks such as Traffic Junky and ExoClick based inside the EU; and
    • search information providers such as Google based outside the EU.

 

How We Use Your Personal Data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third-party direct marketing communications to you via email. You have the right to withdraw consent to marketing at any time by contacting us.

 

Purposes for Which We Will Use Your Personal Data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

 

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

 

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To register you as a new customer	(a) Identity (b) Contact	Performance of contract with you
To process and deliver your order including: (a) Manage payments and fees; and (b) Collect and recover money owed to us	(a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey	(a) Identity (b) Contact (c) Profile (d) Marketing and Communications	(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To enable you to partake in a prize draw, competition, or complete a survey	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting, and hosting of data)	(a) Identity (b) Contact (c) Technical	(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud, and in the context of a business reorganization or group restructuring exercise) (b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve you	(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile	Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business)

 

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

 

Promotional Offers from Us

We may use your Identity, Contact, Technical, Usage, and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services, and offers may be relevant for you (we call this marketing).

 

You will receive marketing communications from us if you have requested information from us or purchased services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.

 

Third-Party Marketing

We will get your express opt-in consent before we share your personal data with any company outside the group of companies for marketing purposes.

 

Opting Out

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.

 

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a service purchase, service experience, or other transactions.

 

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our cookie policy.

 

Change of Purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

 

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

 

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

 

Disclosures of Your Personal Data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

 

• External Third Parties as set out in the Glossary.
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

 

International Transfers

We are based in the British Virgin Islands and the website is hosted in the United States. We may process, store, and transfer the personal data we collect, in and to a country outside your own, with different privacy laws that may or may not be as comprehensive as your own. In addition, many of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

 

By submitting your personal data or engaging with our website, you consent to this transfer, storing, or processing, including outside the EEA.

 

Data Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors, and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

 

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

 

Data Retention

How Long Will You Use My Personal Data For?

We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

 

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

 

In some circumstances you can ask us to delete your personal data: see Request erasure below for further information.

 

In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

 

Your Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Your rights may include the following:

 

• Request access to your personal data.
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing your personal data.
• Request transfer of your personal data.
• Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us.

 

No Fee Usually Required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

 

What We May Need from You

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

 

Time Limit to Respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

 

Glossary

Lawful Basis

 

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

 

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

 

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

 

Third Parties

External Third Parties

 

• Contractors, service providers, and other third parties inside and outside of the EU who support our business.
• Payment processors to (a) process payments; (b) prevent, detect, and investigate fraud or other prohibited activities; (c) facilitate dispute resolution such as chargebacks or refunds; and (d) for other purposes associated with the acceptance of credit or debit cards.

 

Your Legal Rights

You have the right to:

 

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

 

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you correct, though we may need to verify the accuracy of the new data you provide to us.

 

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully, or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

 

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

 

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise, or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

 

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

 

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.