.NakedWebTV’s Terms of Use

A. By using and/or visiting this website (collectively, including all content and functionality available through the NakedWebTV.com domain name, the "NakedWebTV Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Use"), and (2) NakedWebTV's Privacy Policy, found at http://www.nakedwebtv.com.com/t/privacy_policy and incorporated here by reference. If you do not agree to any of these terms or the NakedWebTV Privacy Policy, please do not use the NakedWebTV Website.

B. Although we may attempt to notify you when major changes are made to these Terms of Use, you should frequently check back at http://www.nakedwebtv.com/terms_of_use for the most up to-date. NakedWebTV may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. NakedWebTV’s Member Accounts

A. In order to access some features of the Website, you will have to create a NakedWebTV account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify NakedWebTV immediately of any breach of security or unauthorized use of your account.

B. Although NakedWebTV will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of NakedWebTV or others due to such unauthorized use.

3. NakedWebTV’s Website

A. These Terms of Use apply to all Members of the NakedWebTV Website, including Members who are also contributors of video and/or photo content, information, and other materials or services on the Website. The NakedWebTV Website includes all aspects of NakedWebTV, including but not limited to NakedWebTV channels, the NakedWebTV "Embedded Player," and the NakedWebTV "Uploader."

B. The NakedWebTV Website may contain links to third party websites that are not owned or controlled by NakedWebTV. NakedWebTV has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, NakedWebTV will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve NakedWebTV from any and all liability arising from your use of any third-party website.

C. Accordingly, we encourage you to be aware when you leave the NakedWebTV Website and to read the terms and conditions and privacy policy of each other website that you visit.

4. Your Use of Content on NakedWebTV

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the NakedWebTV Website.

A. The content on the NakedWebTV Website, except all Member Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to NakedWebTV, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. NakedWebTV reserves all rights not expressly granted in and to the Website and the Content.

B. You may access Member Submissions solely:

• for your information and personal use;
• as intended through the normal functionality of the NakedWebTV Service; and
• for Streaming.  

"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the NakedWebTV Service to a Member's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the Member. Accessing Member Videos and/or Photos for any purpose or in any manner other than Streaming or Viewing is expressly prohibited. Member Videos and/or Photos are made available "as is."

C. Member Comments are made available to you for your information and personal use solely as intended through the normal functionality of the NakedWebTV Service. Member Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Service or otherwise as prohibited under this Agreement.

D. You may access NakedWebTV Content, Member Submissions and other content only as permitted under this Agreement. NakedWebTV reserves all rights not expressly granted in and to the NakedWebTV Content and the NakedWebTV Service.

E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Member Submissions of third parties obtained through the Website for any commercial purposes.

F. You agree not to circumvent, disable or otherwise interfere with security-related features of the NakedWebTV Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the NakedWebTV Website or the Content therein.

G. You understand that when using the NakedWebTV Website, you will be exposed to Member Submissions from a variety of sources, and that NakedWebTV is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member Submissions. You further understand and acknowledge that you may be exposed to Member Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against NakedWebTV with respect thereto, and agree to indemnify and hold NakedWebTV, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

5. General Use: Permissions and Restrictions

NakedWebTV hereby grants you permission to access and use the Website as set forth in these Terms of Use, provided that:

A. You agree not to distribute in any medium any part of the Website, including but not limited to Member Submissions (defined below), without NakedWebTV’s prior written authorization.

B. You agree not to alter or modify any part of the Website, including but not limited to NakedWebTV’s Embeddable Player or any of its related technologies.

C. You agree not to access Member Submissions (defined below) or NakedWebTV Content through any technology or means other than the video playback pages of the Website itself, the NakedWebTV Embeddable Player, or other explicitly authorized means NakedWebTV may designate.

D. You agree not to use the Website, including the NakedWebTV Embeddable Player for any commercial use, without the prior written authorization of NakedWebTV. Prohibited commercial uses include any of the following actions taken without NakedWebTV’s express approval:

• sale of access to the Website or its related services (such as the Embeddable Player) on another website;  
• use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;  
• the sale of advertising, on the NakedWebTV website or any third-party website, targeted to the content of specific Member Submissions or NakedWebTV content;  
• and any use of the Website or its related services (such as the Embeddable player) that NakedWebTV finds, in its sole discretion, to use NakedWebTV resources or Member Submissions with the effect of competing with or displacing the market for NakedWebTV, NakedWebTV content, or its Member Submissions. (For more information about prohibited commercial uses, see our FAQ.)

   

E. Prohibited commercial uses do not include:

• uploading an original video and/or photo to NakedWebTV, or maintaining an original channel on NakedWebTV, to promote your business or artistic enterprise;  
• using the Embeddable Player to show NakedWebTV videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with NakedWebTV;  
• any use that NakedWebTV expressly authorizes in writing.  

(For more information about what constitutes a prohibited commercial use, see our FAQ.)

F. If you use the NakedWebTV Embeddable Player on your website, you must include a prominent link back to the NakedWebTV website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.

G. If you use the NakedWebTV Uploader, you agree that it may automatically download and install updates from time to time from NakedWebTV. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit NakedWebTV to deliver these to you) as part of your use of the Uploader.

H. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the NakedWebTV servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, NakedWebTV grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. NakedWebTV reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Members of the Website with respect to their Member Submissions.

I. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Use and all applicable local, national, and international laws and regulations.

J. NakedWebTV reserves the right to discontinue any aspect of the NakedWebTV Website at any time.

6. NakedWebTV Member Submissions and Conduct

A. As a NakedWebTV account holder you may submit video content ("Member Videos"), photo content (“Member Photos”), and textual content ("Member Comments"). Member Videos, Member Photos, and Member Comments are collectively referred to as "Member Submissions." You understand that whether or not such Member Submissions are published, NakedWebTV does not guarantee any confidentiality with respect to any Member Submissions.

B. You shall be solely responsible for your own Member Submissions and the consequences of posting or publishing them. In connection with Member Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize NakedWebTV to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Member Submissions to enable inclusion and use of the Member Submissions in the manner contemplated by the Website and these Terms of Use.

C. For clarity, you retain all of your ownership rights in your Member Submissions. However, by submitting Member Submissions to NakedWebTV, you hereby grant NakedWebTV a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Member Submissions in connection with the NakedWebTV Website and NakedWebTV 's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the NakedWebTV Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each Member of the NakedWebTV Website a non-exclusive license to access your Member Submissions through the Website, and to use, reproduce, distribute, display and perform such Member Submissions as permitted through the functionality of the Website and under these Terms of Use. The above licenses granted by you in Member Videos and/or  Member Photos terminate within a commercially reasonable time after you remove or delete your Member Videos and/or  Member Photos from the NakedWebTV Service. You understand and agree, however, that NakedWebTV may retain, but not display, distribute, or perform, server copies of Member Submissions that have been removed or deleted. The above licenses granted by you in Member Comments are perpetual and irrevocable.

D. In connection with Member Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant NakedWebTV all of the license rights granted herein.

E. You further agree that you will not, in connection with Member Submissions, submit material that is contrary to the NakedWebTV Upload Guidelines, found at http://www.nakedwebtv.com/upload.php when logged into your NakedWebTV account, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

F. NakedWebTV does not endorse any Member Submission or any opinion, recommendation, or advice expressed therein, and NakedWebTV expressly disclaims any and all liability in connection with Member Submissions. NakedWebTV does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and NakedWebTV will remove all Content and Member Submissions if properly notified that such Content or Member Submission infringes on another's intellectual property rights. NakedWebTV reserves the right to remove Content and Member Submissions without prior notice.

7. NakedWebTV Member Account Termination Policy

A. NakedWebTV will terminate a Member's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

B. NakedWebTV reserves the right to decide whether Content or a Member Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. NakedWebTV may remove such Member Submissions and/or terminate a Member's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

8. Digital Millennium Copyright Act

NakedWebTV.com is in compliance with 17 U.S.C. § 512 and the Digital Millennium Copyright Act ("DMCA"). Thus, it is our policy to respond to any infringement notices and take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable Intellectual property laws.

If links to your copyrighted material are returned through our search engine or your copyrighted material has been posted on NakedWebTV and you want this material removed, you must provide a written form of communication that details the information listed in the following section. Please be aware that you will be liable for any damages (including costs and attorneys' fees) if you misrepresent information listed on our site that is infringing on your copyrights. We suggest that you first contact an attorney for legal assistance on this matter.Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of members who are repeat infringers.

The following elements must be included in your copyright infringement claim:

• You must provide physical or electronic evidence or signature of the authorized person to act on behalf of the owner of an exclusive right that is allegedly infringed.
• You must provide all requested contact information so that we may contact you. The complaining party must provide information such as: an address, telephone number, and a valid email address.
• You must identify in sufficient detail the copyrighted work claimed to have been infringed, and including at least one search term (tag) under which the material appears in NakedWebTV search results. If multiple copyrighted works are located on a single online site and are covered by a single notification, you must provide a representative list of such works at that site. Providing URLs in the body of an email is the best way to help ups locate the content in question quickly. 
• A statement that the complaining party has 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.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Send the written infringement notice to the following address and an email notification to                   rox@nakedwebtv.com

DMCA Agent:

Please allow 1-2 business days for an email response. Please note that by emailing your complaint to other parties, such as our Internet Service Provider, will not expedite your request and may result in a delayed response due the complaint not properly being filed.

9. NakedWebTV’s Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE NAKEDWEBTV WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NAKEDWEBTV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. NAKEDWEBTV MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NAKEDWEBTV WEBSITE. NAKEDWEBTV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE NAKEDWEBTV WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NAKEDWEBTV WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. NakedWebTV’s Limitation of Liability

IN NO EVENT SHALL NAKEDWEBTV, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NAKEDWEBTV WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT NAKEDWEBTV SHALL NOT BE LIABLE FOR MEMBER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by NakedWebTV from its facilities in the United States of America . NakedWebTV makes no representations that the NakedWebTV Website is appropriate or available for use in other locations. Those who access or use the NakedWebTV Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Agreement of Indemnity

You agree to defend, indemnify and hold harmless NakedWebTV, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the NakedWebTV Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Member Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the NakedWebTV Website.

12. Your Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the NakedWebTV Website is not intended for children under 13. If you are under 13 years of age, then please do not use the NakedWebTV Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

13. NakedWebTV’s Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NakedWebTV without restriction.

14. General Terms

You agree that: (i) the NakedWebTV Website shall be deemed solely based in California ; and (ii) the NakedWebTV Website shall be deemed a passive website that does not give rise to personal jurisdiction over NakedWebTV, either specific or general, in jurisdictions other than California . These Terms of Use shall be governed by the internal substantive laws of the State of California , without respect to its conflict of laws principles. Any claim or dispute between you and NakedWebTV that arises in whole or in part from the NakedWebTV Website shall be decided exclusively by a court of competent jurisdiction located in Garden Grove , California . These Terms of Use, together with the Privacy Policy at http://www.nakedwebtv.com/t/privacy_policy and any other legal notices published by NakedWebTV on the Website, shall constitute the entire agreement between you and NakedWebTV concerning the NakedWebTV Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and NakedWebTV’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. NakedWebTV reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the NakedWebTV Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND NAKEDWEBTV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE NAKEDWEBTV WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.