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Terms and Conditions of Use
Naughty Outlaw Website
The Naughty Outlaw website (the "Website," or "Site") is provided to you by Naughty Outlaw, LLC ("Naughty Outlaw", "we" or "us"). To assist you in using our Website and accessing the associated facilities, and to ensure a clear understanding of the relationship arising from your use of our Site and participation via the facilities, we have created (i) these Terms and Conditions of Use (the "Terms"), and (ii) a Privacy Policy. Our Privacy Policy explains how we treat information you provide to us through the Site, and our Terms govern your use of our Site. Our Terms and Privacy Policy apply to any visitor to the Website (collectively, “you”), including (i) casual visitors to our Site who do not register to obtain a username and password, and (ii) registered members who create Profiles and otherwise participate in our Facilities including: (a) Free Members, (b) Paid Members; and (c) Lifetime Members.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS THE SITE OR REGISTER AS A MEMBER OF THE SITE. BY ACCESSING THE SITE OR REGISTERING AS A MEMBER OF THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR SITE OR REGISTER FOR MEMBERSHIP.
1. Your Agreement
These Terms govern: (i) your use of the Website, (ii) use of the Facilities to provide Content to other Members and Site Visitors; and (iii) your use of Content accessed through the Site. Please read these Terms carefully; they impose legal obligations on you and on Naughty Outlaw, and establish our legal relationship. By accessing our Website or registering as a Member of the Site, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them. To assist you in your understanding of these Terms, we have included a set of definitions, located in Section 24 (Definitions). In addition, if you become a Member, during the registration process you will be prompted to click an "I Accept" button, which further confirms your agreement to be legally bound by these Terms.
2. Eligibility
You are eligible to register as a Member at our Site if: (i) you are 18 years old or older, (ii) you have requisite permissions to submit the Content you wish to submit to the Site as provided in Section 6.6 (Rights You Must Have in Content); and (iii) you agree to abide by our Terms and the Privacy Policy.
3. Our Website
We provide a range of features for our Members as follows:
3.1 Our Website
We provide our Members with access to an online social network, which is designed to allow them to find and communicate with old and new friends, based on shared interests. Members use our Site primarily via Member "profiles," which are personal web pages. As a Member, you can create a profile and, subject to certain content-related, bandwidth, and file-size restrictions, and you can include in your profile multimedia content including both photographs and a video (the "Profile"). Other Members then use your Profile to leave you messages (incorporating multimedia content, if they wish), to send you "instant messages," and to create links to their own Profiles. Depending on the privacy controls you have set for your Profile, you have the ability to "open" your Profile not just to close friends, but to others, including all other Members. Member exchanges via Profiles are supplemented by additional features of our Site, that allow Members to: (i) contribute to events, forums, stories, and group message areas, and (ii) utilize other facilities that we provide.
3.2 Summary of Site
The above generally describes our Site. Please read on for the specific terms and conditions under which we provide this Site. For example, for further information and terms concerning Profiles and Members' privacy controls, please review Section 6.2 (Privacy, Your Profile, and Privacy Controls) and Section 12 (Technical Restrictions; Remedies). And please review our Privacy Policy for details concerning our uses of aggregate information, and other important information concerning our privacy and other data protection practices.
3.3 Additional Guidelines
Naughty Outlaw may post additional guidelines on its Website relating to your use of the Site including, for example, your conduct while participating in a chat room. You agree to adhere to, and to be bound by, all guidelines that Naughty Outlaw chooses to post on the Website. In the event that there is a conflict between these Terms and any guidelines that we post on our Site, these Terms shall control.
4. Registration Process; Membership Types
This section describes how you can become a Member of our Site and the types of memberships that we offer. Please refer to the guidelines posted on our Site for more information about the benefits and responsibilities of each type of membership. Please see our Privacy Policy for how we treat information you provide when becoming a member of our Site.
4.1 Registration Process; Password
4.1.1. Registration Process
In order to participate as a Member on our Site, we require that you complete the registration process. The registration process asks you to: (i) create a username, (ii) create a password, (iii) verify that you are at least 18 years old, (iv) provide an email address, (v) provide your zip code, (vi) specify the country in which you reside, (vii) state your physical features such as (a) height, (b) weight, and (c) age; and (viii) supply information about yourself and what you're hoping to discover by being a member of our Site (the "Registration"). We also give you the option of providing your full name, which helps us should you forget your password. The registration process provides Members with a username and password, which allows them to gain access to the Website and certain Facilities depending on the type of membership that they have obtained. Our system relies on usernames as the public "identifier" for a particular Member. Please see our Privacy Policy for additional information regarding the information that you provide during the Registration.
4.1.2. Protecting your Password
Please keep in mind that we will treat anyone who uses your password as "you." We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password. Therefore, we recommend that you maintain your username and password in confidence, and that you refrain from disclosing this information to anyone who might "pretend" to be you with respect to the Facilities and your participation on our Website. We also ask that you notify us immediately if you suspect that someone is using your password in this manner.
4.2 Membership Types
4.2.1. Paid Members
After completing Registration and approval of your Profile by Naughty Outlaw, which approval may be granted or denied in Naughty Outlaw 's sole discretion, you can opt to become a Paid Member by submitting payment to Naughty Outlaw pursuant to the guidelines posted on the Site. Paid Members enjoy additional access to Content on our Site that is not available to Free Members.
4.2.2. Lifetime Members
Lifetime Members are Members who may have special designations on their Profiles indicating that they were part of the original group of Members on our Site. Lifetime Members have the same rights and obligations as Paid Members for all other purposes and are treated as Paid Members for purposes of these Terms, the Privacy Policy, and any guidelines that we post on our Site.
4.3 Site Visitors
Users who access our Site without becoming Members have very limited access to the Facilities that we provide and the Content posted on our Site.
5. Billing and Refunds
After completing Registration and receiving approval of your Profile, you may become a Paid Member by paying a membership fee (the "Membership Fee"). Paid Members have broader access to, and enjoy more flexible use of, our Site. You acknowledge and agree that electronic payments may be handled through a third party vendor, and any billing information you provide to Naughty Outlaw may be sent by Naughty Outlaw to that third party vendor. Any billing information sent by Naughty Outlaw to a third party vendor is intended solely to allow the third party vendor to process the payment. Any personal information that we may collect when processing payments that you make in connection with your use of the Site will be treated as Personally Identifiable Information as discussed in our Privacy Policy. Please note that Naughty Outlaw does not store or retain credit card numbers or expiration dates. All Membership Fee payments made to Naughty Outlaw are nonrefundable. We may change the fees and charges in effect for using the Service, or add new fees or charges, by posting new fees and changes on the site from time to time. You also are responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party service, including but not limited to telephone charges.
6. Limited Grant of Rights; Profile and Facilities
Our Website is designed to facilitate your interactions with other Members through the use of our Facilities and the creation of your Profile. The following specific provisions govern the creation, use, and treatment of: (i) Member Profiles, (ii) our Facilities; and (iii) the Content.
6.1 Facilities
To allow you to interact with other Members and to participate in our social community, Naughty Outlaw has made available to you a range of facilities that allow you to interact with other Members via the: (i) Profile, (ii) forums, (iii) chat rooms, (iv) stories, (v) event listings, (vi) email, (vii) instant messaging; and (viii) other facilities that we may make available from time to time (collectively, the "Facilities"). The Facilities format the Content, store the uploaded Content until it retrieves the Content at the request of Other Members, at which point the Facilities transmit the Content to the requesting Member. Members may post personal Visual Content that is only accessible to Friends (after said Members have been affirmatively given access from the uploading Member) via a Photo page ("Photos").
6.2 Privacy, Your Profile, and Privacy Controls
To allow you greater flexibility in the information you include in your Profile, we provide you with privacy controls that allow you to control certain aspects of your Profile. You may, for example, request that your Profile be designated as "offline" to our online community (our "Privacy Controls"). You may also "block" particular Members from accessing your Profile or contacting you through the Site. In addition, you may designate Visual Content as: (i) public, (ii) friends only; or (iii) password protected. Visual Content designated as "public" can be generally accessed, Visual Content designated as "Friends Only" restricts those that may access your Visual Content, and Visual Content designated as "Password Protected" is designated for your personal gallery only, which can only be viewed by those that you affirmatively designate as having authorization to access personal Visual Content. Please choose carefully the information you post on your Profile, and that you provide to other Members. Your Profile is freely available to other Members, you MUST not include information in your profile that personally identifies you, such as your telephone number, street address, last name, email address, or any photograph or video that may allow other Members to determine your physical location. Additionally, link or references to other websites are forbidden in profiles.
6.3 Your Grant of Rights to Naughty Outlaw
Naughty Outlaw has established a host of Facilities to assist you in your efforts to interact with other Members. This section outlines the rights that Naughty Outlaw has in the Content.
6.3.1. Visual Content
You grant to Naughty Outlaw, pursuant to your intellectual property rights, only those limited rights that are necessary for Naughty Outlaw to assist you in your posting of Visual Content using our Facilities and to enhance the experience that users enjoy when accessing our Site. Please be aware that no compensation will be paid to you or any third party with respect to our use of your Visual Content under this grant.
6.3.2. Textual Content
You grant to Naughty Outlaw, pursuant to your intellectual property rights, a perpetual, non-exclusive, royalty-free, sub licensable right to use, copy, modify, adapt, display, perform, and distribute your Textual Content (the "Textual Content License"). Naughty Outlaw may, in its sole discretion, provide attribution should it exercise any of its rights pursuant to the Textual Content License.
6.4 Formatting; Visual Content Compatibility
In order to maintain the efficient operation of the Site, Naughty Outlaw implements certain format and file-size standards for visual Content uploaded by Members. By submitting Visual Content to our Site, you authorize Naughty Outlaw to convert the submitted Visual Content into a format and size that is compatible with the Site's requirements ("Visual Content Formatting"). Visual Content Formatting is done solely to ensure technical compatibility between the uploaded Visual Content and our Site and does not have an impact on the subject matter of the Visual Content.
6.5 Your Grant of Rights to Other Members and Site Visitors
You grant to other Members, under your intellectual property rights, the right to access and view Content that you have posted solely for their personal, non-public use. Subject to the limitations set out in 9.1 (Filters; Blocking and Removal of Content), you have the option of restricting this grant by identifying particular Visual Content as "friends only" or "password protected," which is designed to prevent other Members from being allowed to access or view Visual Content that has been uploaded onto the Site unless first given permission by you. Please be aware that, depending on the Privacy Controls that you have selected, it may be possible for Site Visitors to view your Profile or the Content that you have uploaded onto the Site. If your Privacy Controls are set to allow this, then you will be deemed to have granted Site Visitors the same rights granted to other Members pursuant to this Section 6.5 (Your Grant of Rights to Other Members and Site Visitors). Nothing in these Terms shall be construed as giving other Members any rights other than those explicitly stated in this Section 6.5 (Your Grant of Rights to Other Members).
6.6 Rights You Must Have in Your Content; Records
When you post Content on our Site through the Facilities, you represent and warrant: (i) that you hold all rights needed to grant requisite rights under Section 6.3 (Your Grant of Rights to Naughty Outlaw) and Section 6.5 (Your Grant of Rights to Other Members and Site Visitors), (ii) that you own the copyright in all Content subject to copyright protection (or have been given needed permissions by the copyright owner, or use the Content under "fair use" principles), (iii) that each person depicted in images, video, or identified in text in your Content (if any), has provided you with consent to use the Content as set forth in these Terms, (iv) that you are responsible for managing and editing the Visual Content; and (v) that you will maintain, if required by law, any records pursuant to 18 U.S.C. §2257 for Content that you upload onto the Site. You should seek independent legal counsel if you have any questions as to the rights and obligations that you have pursuant to this or any other section.
6.7 Advertisements and Profiles
You represent and warrant that you shall not use your Profile to: (i) advertise for, or make any reference to, any other website, (ii) sell any product or service, (iii) attempt to attract our Members or Visitors to any other website; or (iv) use any Textual Content for any commercial purpose without written permission by Naughty Outlaw.
6.8 Use of Profiles in Promotions
We believe that our Members' own experiences on the Site can often act as the strongest promotion for the Site. To promote the Site, therefore, we may wish to post on our Home Page, and in other areas of the Site, Profiles and other Content of our Members. We assume that Members who choose not to employ our Privacy Controls to prevent this use are interested in (or do not object to) publicizing their Profiles and related Content, and you acknowledge that we will be entitled to use these Members' Profiles and Content in connection with our advertisements and promotions for the Site.
6.9 Termination of Rights; Survival
Naughty Outlaw expressly disclaims ownership in all Visual Content. You can request, and Naughty Outlaw will remove within a reasonable time, the Visual Content that you post on our Site. Any rights that you grant to Naughty Outlaw, Other Members, and Site Visitors in the Visual Content terminate upon your removal of the Visual Content from our Site. The Textual Content License continues in perpetuity.
7. Naughty Outlaw's Grant of Rights to You
In this Section, Naughty Outlaw gives Members the rights and privileges that they will need to participate in our Website via the Facilities.
7.1 Rights to Access and Participate in Facilities
Subject to your compliance with these Terms, Naughty Outlaw grants to you the right to access the Facilities. Naughty Outlaw's grant in the Facilities to you is limited to your personal use and solely to access the Content in connection with your rights and obligations set out in Section 6 (Limited Grant of Rights; Profile and Facilities) and Section 7 (Naughty Outlaw 's Grant of Rights to You). The Website may not be used in connection with any commercial endeavor except (i) those commercial endeavors set out in these Terms, and (ii) other commercial endeavors that we specifically consent to in writing.
7.2 Naughty Outlaw Ownership; Reservation of Rights
Naughty Outlaw Content means all content available on or through the Website—other than Content—including all information, software, artwork, text, video, audio, pictures, trademarks, trade dress, and other intellectual property found on the Website, or embodied in the Facilities or the content ("Naughty Outlaw Content"). Naughty Outlaw and its Licensors own all Naughty Outlaw Content. The Naughty Outlaw Content is protected by U.S. and international copyright, trademark, and other intellectual property laws, and Naughty Outlaw retains all rights with respect to the: (i) Naughty Outlaw Content, (ii) Website; and (iii) Facilities; except those expressly granted to you in these Terms. You agree not to use, duplicate, publish, display, distribute, modify, or create derivative works from Naughty Outlaw Content except as expressly allowed in Section 7.1 (Rights to Access and Participate in Facilities), unless specifically authorized in writing by Naughty Outlaw.
8. Code of Conduct
As a condition to your use of the Website, the Content, and the Facilities, you agree to comply with these Terms, and to follow our Code of Conduct as set out below. Under this Code, you will not:
8.1 Upload, email or otherwise transmit any images, material, or other Content that is intentionally false, defamatory, unlawfully threatening, unlawfully harassing, illegal, obscene, abusive, or otherwise in violation of any of the guidelines posted on our Site or in our Terms.
8.2 Attempt to solicit Members directly.
8.3 Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent. You agree that at no time will you print out, copy, save as or in any way or method "keep" anything that is posted on Naughty Outlaw. You agree that nothing you read or view on Naughty Outlaw can ever be used in a court of law or in any way used against any member, staff member, Administrator or owner of Naughty Outlaw. Any violation will be subject to prosecution to the fullest extent of the law.
8.4 Infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. No material may be transmitted over the Website without the copyright owner's permission, or without a legitimate "fair use" justification for the transmittal.
8.5 Transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
8.6 Seek to use for financial gain the Website, related computer facilities, or information available on the Website unless prior written authorization has been given by Naughty Outlaw.
8.7 Use the Website, or anything available on the Website, to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.
8.8 Use the Website in a manner that could disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. Such uses would include, for example, distributing or promoting material containing solicitations, forwarding chain letters, and sending "spam" email.
8.9 Seek to obtain access to any materials or information through "hacking," "scraping," or through other means we have not intentionally made available to you through the Website.
8.10 Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website, Facilities, or Content to violate any law, statute, or regulation.
8.11 Use any Member email address obtained from our Site for any purpose other than as directed by that Member. Notwithstanding the foregoing, under no circumstances including, but not limited to, direction by said Member, shall you use any email address to send advertisements or other solicitation to our Members. We will enforce the above Code of Conduct wherever we deem necessary. Please understand, however, that Naughty Outlaw does not endorse the Content accessed through our Facilities. When you use our Facilities, you do so at your own risk, and we expressly disclaim responsibility for the Content accessed through these Facilities.
9. Monitoring of Facilities; Removing Postings
We expect each user of our Website to act responsibly, and to respect the rights of others. We seek to protect the integrity and security of our computing systems, and the right to protect our community of Members from claims of intellectual property infringement and other claims or threats, such as those detailed in our Code of Conduct. Toward these ends, we reserve the right in our discretion to: (i) monitor your use of the Website, your Profile, any communications made on the Site, and other Content transmitted through the Site, (ii) restrict or foreclose access to certain Internet sites or other resources; and (iii) take other actions we deem necessary to protect our community of users and our resources. Due to this monitoring, you cannot expect that communications through our Website will remain "private" or otherwise free of our review. Please refer to our Privacy Policy for a precise statement concerning your expectations of privacy.
9.1 Filters; Blocking and Removal of Content
Although we have no—and assume no—obligation to monitor activities on our Website, please understand that we may employ filters designed to detect and block the transmission of messages that contain inappropriate or unauthorized content. We reserve the right to edit, refuse to post, or remove any information or materials, in whole or in part, that we believe, in our sole discretion, are incompatible with our Code of Conduct or these Terms. Naughty Outlaw may choose, but does not assume the obligation, to "spot check" “personal” Visual Content to ensure that the Visual Content posted complies with the guidelines provided on the Site. Nothing in this Section 9.1 (Filters; Blocking and Removal of Visual Content) is to be construed as absolving you of your obligations pursuant to Section 6.6 (Rights You Must Have in Your Content; Records). Naughty Outlaw has no, and assumes no, responsibility for the Content that you have uploaded onto the Website.
9.2 Reports and Complaints
If you believe that a Member or other user has acted inappropriately, such as by violating our Code of Conduct, you may report your concerns by contacting us in accordance with Section 25 (Contact Us) or as otherwise may be provided for on our Site. If we are notified by a Member or Site Visitor that he or she believes Content at the Site does not comply with our Code of Conduct or these Terms, we may investigate the allegation and determine, in our sole discretion, whether to remove or block access to such Content, or to take action with respect to person or persons responsible for posting the Content. We have the right (but not the obligation), in our sole discretion, to remove, relocate, or otherwise block or restrict any Content at any time, with or without notice, and without liability in order to ensure compliance with our Terms and our posted guidelines.
9.3 Revocation or Suspension of Use Privileges
We reserve the right at any time to terminate or suspend your account(s) or your access to our Site or to certain Facilities if you engage in activities that we conclude, in our sole discretion, breach our Code of Conduct or otherwise violate any of the terms and conditions set forth in these Terms. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies. In the event that Naughty Outlaw terminates a paid account, all membership fees paid up to the date of termination are nonrefundable. Users should also understand that our Code of Conduct is based in many instances on principles of state and federal law. Users who violate our Code of Conduct accordingly may be exposed under these state and federal laws to criminal charges, and civil liability to harmed parties for compensatory damages and attorney's fees. Naughty Outlaw reserves the right at all times to disclose information it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, consistent with its Privacy Policy.
9.4 Member disputes
Naughty Outlaw does not solicit or control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate and/or deceptive. Please also use caution, common sense, and safety when using our site. You are solely responsible for your interactions with other members. Because it is not involved in member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed and/or used information on the Naughty Outlaw site, you release Naughty Outlaw, 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.
10. Privacy and Your Disclosure of Information Via Our Facilities
We value your privacy and the privacy of our Members. Please review our Privacy Policy for information on how we collect, use, and protect your personally identifiable information. These protections, however, do not apply to information you choose to disclose to other Members via our Facilities. Although Members are bound, under our Code of Conduct, to refrain from disseminating information from our Website and obtained while using our Facilities without permission, we cannot assure you that this will be the case. Therefore, you should disclose personally identifiable information advisedly. Please review our Privacy Policy for more information. While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings and messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service.
11. Links
We allow certain companies to place links on our Site. Although we have selected these companies, we are not responsible for your choice to contact or do business with them. Your correspondence and dealings with these companies, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the company, and you agree that Naughty Outlaw shall not be responsible or liable for any loss or damage incurred as the result of your dealings with said companies or as the result of the presence of said companies on our Site. The Website may contain links or references to third party websites. Naughty Outlaw has no control over these third party sites or their content and does not assume responsibility or liability for any content, opinions, or materials and products available on them. Naughty Outlaw does not endorse the content of any third party site, nor does Naughty Outlaw warrant that a third party site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. If you link to any third party site through our Site, please be aware that you are doing so at your own risk.
12. Technical Restrictions; Remedies
You must respect our file size, bandwidth and storage limitations for Content you submit and the Profile you create. If we determine, in our discretion, that it is necessary, we will disable or take other related action concerning accounts that in our view are using excessive bandwidth or other system resources. In addition, we reserve the right, if we find it necessary (in our discretion), to delete or change a Member's username and URL address, and to restrict the number of emails which a Member sends to other Members in any 24-hour period, if we believe, in our discretion, that the volume of email is too large.
13. Warranty Disclaimer
The Service is distributed on an "as is" basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement or other information displayed, uploaded or distributed through the Service by Naughty Outlaw, our partners or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, member profile, advice, statement or information shall be at your sole risk. NAUGHTY OUTLAW DOES not warrant or represent that the site or anything you download from the Site will be free of viruses or other harmful features. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NAUGHTY OUTLAW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELATED SERVICES IS AT YOUR SOLE RISK. Please consider maintaining back-up copies of the Content you post on your Profile.
14. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL NAUGHTY OUTLAW BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF, OR ARE RELATED TO, YOUR USE OF THE SITE, ITS PROGRAMS, SERVICES, CONTENT, PROMOTIONAL ITEMS, OR GIVEAWAYS, EVEN IF NAUGHTY OUTLAW IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NAUGHTY OUTLAW'S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO, OR ARISING OUT OF, THE SITE OR ANY PROGRAMS OR SERVICES YOU RECEIVE FROM THE SITE EXCEED $100.00. You may decide to engage in offline activities with Members from our Site ON AN INDIVIDUAL BASIS, IN GROUPS, OR THROUGH EVENT LISTINGS. You acknowledge that NAUGHTY OUTLAW makes no warrants with respect to any member, any information provided by any member on the website, OR ANY INFORMATION REGARDING PARTIES. You agree to release and hold NAUGHTY OUTLAW harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, or property damage, either directly or indirectly related to or arising from your participation in any such offline activities.
15. Indemnity
You agree to defend, indemnify, and hold Naughty Outlaw and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms.
16. Contact for Alleged Copyright Infringement
Naughty Outlaw respects the intellectual property rights of others and requires that its users do the same. If you believe that any content available on our Site or any other activity taking place on the Site constitutes infringement of a work protected by copyright law (a "Work"), please notify us: naughtyinfo@naughtyoutlaw.com
17. Additional Terms for Certain Facilities or Sites
We may offer certain programs or facilities on our Website that are subject to additional or different terms and conditions. We will notify you if the program or facility you are using on the Website is subject to terms and conditions that differ from these Terms, and you may decline to participate in such programs or facilities if you do not agree with the differing terms and conditions.
18. Modifications to these Terms
We reserve the right to modify, in our sole discretion, these Terms. If we modify these Terms, any such modifications will take effect proactively, upon your subsequent access to the Website.
19. Assignment
These Terms shall not be assignable by you, either in whole or in part. Naughty Outlaw reserves the right to assign its rights and obligations under these Terms.
20. General
These Terms shall be governed in all respects by the laws of Florida without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of, and venue in, the state and federal courts in Florida, in the judicial district that includes Orange County. The parties further agree that any cause of action arising under these Terms shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The waiver by Naughty Outlaw of a breach of any provision of these Terms will not operate or be interpreted as a waiver of any other or subsequent breach. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Naughty Outlaw's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. The facilities of Naughty Outlaw and our Website are available only where permitted by law. By using our Site, you warrant that the laws of your particular jurisdiction do not prohibit your activities or your use of our Site. The parties waive all rights to trial by jury in any action or proceeding instituted in connection with these Terms. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Naughty Outlaw and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
21. Duration of Rights
You will continue to enjoy your rights and to owe obligations under these Terms until (i) you cease your use of the Facilities, or (ii) your password is revoked or suspended for misconduct, as set out in Section 9.3 (Revocation or Suspension of Use Privileges).
22. Duration of Terms; Survival
The following provisions shall survive the termination of these Terms and shall apply indefinitely:
Section 6.9 (Termination of Rights; Survival)
Section 7.2 (Naughty Outlaw Ownership; Reservation of Rights)
Section 13 (Warranty Disclaimer)
Section 14 (Limitation of Liability)
Section 15 (Indemnity)
Section 19 (Assignment)
Section 20 (General)
Section 22 (Duration of Terms; Survival)
23. Relationship to Privacy Policy and Other Contracts
These Terms must be read in conjunction with (i) other agreements into which you may enter concerning our Site, and (ii) our Privacy Policy. The provisions of our Privacy Policy are incorporated herein. To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy will control. Similarly to the extent these Terms conflict with the terms and conditions of any specific agreement you enter with us, the terms and conditions of such specific agreement will control.
24. Definitions
24.1 "Content" shall mean both Textual Content and Visual Content.
24.2 "Naughty Outlaw Content" has the meaning set out in Section 7.2 (Naughty Outlaw Ownership; Reservation of Rights).
24.3 "Facilities" has the meaning set out in Section 6.1 (Facilities).
24.4 "Lifetime Member" has the meaning set out in Section 4.2.2 (Lifetime Members).
24.5 "Member" shall mean collectively: (i) Trial Members, (ii) Paid Members, (iii) Lifetime Members or any combination as the context permits.
24.6 "Paid Member" has the meaning set out in Section 4.2.1 (Paid Members).
24.7 "Personally Identifiable Information" has the meaning set out in the Privacy Policy.
24.8 "Privacy Controls" shall mean the options that Members have to protect the information that they provide to the Website. For a detailed discussion of your Privacy Controls, please refer to Section 6.2 (Privacy, Your Profile, and Privacy Controls).
24.9 "Profile" has the meaning set out in Section 3.1 (Our Website).
24.10 "Registration" shall mean the process by which a user of our Site becomes a Member. For a detailed explanation of this process, please see Section 4 (Registration Process; Membership Types).
24.11 "Site Visitor" has the meaning set out in Section 4.3 (Site Visitors).
24.12 "Textual Content" shall mean and include: (i) text based information that is posted on a Member Profile, (ii) text based information regarding Party or Event Information, (iii) forum postings, (iv) email sent from Members of our Site to other Members, (v) instant messages sent between Members, (vi) any story submissions, (vii) statements made while participating in a chat room; and (viii) any feedback about our Site and Facilities.
24.13 "Visual Content" shall mean: (i) photographs, (ii) visual depictions; and (iii) videos; that are posted on our site.
25. Contact Us
If you have any questions, please contact us at naughtyinfo@naughtyoutlaw.com
26. Effective Date
The effective date of these Terms is February 14th 2010.
COPYRIGHT AND LEGAL NOTICE.
Copyright ©2010 Naughty Outlaw. All Rights Reserved. This site does not contain sexually explicit images as defined in 18 U.S.C. 2256. Accordingly, neither this site nor the contents contained herein are covered by the record-keeping provisions of 18 USC 2257(a)-(c). Disclaimer: This website contains adult material. You must be over 18 to enter or 21 were applicable by law. All Members are over 18 years of age.