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Terms of Service
1. Acceptance of Terms of Service:
These Terms of Service ("TOS") constitute a binding agreement between you and the operators of NastySpace.com ("NastySpace") regarding your use of the NastySpace website, the NastySpace Community, and all other services provided by NastySpace (the "Service"). Please read the TOS carefully. By using the Service you agree to be bound by the TOS and by the NastySpace Privacy Policy. If you do not agree to any provision of the TOS, you should not use the Service.
3. Conditions on Use of the Service: NastySpace grants you permission to access and use the Service as set forth in these TOS, and in exchange you represent, warrant and agree as follows:
4. Your Conduct and Your Use of the Service: The NastySpace Service and all of its components are intended only for adults who may legally access and use them. The Service provides access to sexually explicit material. In addition, the Service provides you with the ability to communicate with other users of the Service, to interact with performers online, and to upload, store, and share content. You are responsible for your own use of this Service. You acknowledge that you are solely responsible for any audio, video, music, text, links, or other content that you broadcast, post, publish, upload, display or communication through the Service (collectively "User Content"), and for the consequences of broadcasting, posting, publishing, uploading or displaying any User Content. The Service provides you with the ability to upload or broadcast User Content either through the NastySpace website, or through the NastySpace Community. User Content uploaded or broadcasted through the NastySpace website will generally be made public. You consent to the public dissemination of all User Content you submit through the NastySpace website, that you upload or broadcast through the NastySpace Community. You understand and agree that User Content you communicate using the Service may be recorded, stored, copied and/or retransmitted by NastySpace, including but not limited to User Content that you upload or broadcast through the NastySpace Community. You agree that you will not use the Service to post, transmit, or share User Content that you did not create or that you do not have permission to use and share through the Service. You affirm that you have all intellectual property rights (including without limitation copyright and trademark rights), licenses, and permissions that are needed to use and to authorize NastySpace to use User Content you provide in the manner described in these TOS. By submitting, uploading or posting User Content, you warrant that it does not infringe any intellectual property rights of another person. You understand it is generally illegal to record or publish any sexually explicit video without the consent of all participants to the recording and publication of such material. You also understand that it may be illegal to publish any video or audio recording of another person for a commercial purpose without their consent. By submitting or posting User Content, you warrant that every person depicted in any sexually explicit material contained in the User Content has consented to the recording of that material and its publication in the manner contemplated by these TOS. Merely publishing or displaying User Content through the Service does not necessarily constitute using it for a commercial purpose. Nonetheless, by submitting or posting User Content you also warrant that you have obtained any and all permissions, releases, and consents necessary to record, publish and display the User Content for a commercial purpose. You understand that it is illegal to possess or distribute any depiction of a minor engaged in any actual or simulated sexually explicit conduct. You agree that you will not use the Service to solicit, post, transmit, or share child pornography. The use of the Service to publish or transmit child pornography will not be tolerated. If identified, it will be reported to law enforcement authorities, and will result in termination of your account. By submitting or posting any User Content containing sexually explicit material, you warrant that you have determined, through personal knowledge or the use of appropriate legal forms of identification, that all persons depicted in any sexually explicit material are at least 18 years of age, and have reached the legal age determined by the governing law of your country to participate in the recording and publication of sexually explicit material. You agree that you will not use the Service to post, transmit, or share User Content that is defamatory or invasive of the privacy of another person, graphically violent, physically threatening, intended for any illegal purpose, or otherwise illegal. By submitting or posting User Content, you warrant that it is not defamatory or invasive of the privacy of any other person, graphically violent, physically threatening, or otherwise illegal. You acknowledge that NastySpace does not promise that any User Content you submit to it or that you communicate using the Service will be maintained by NastySpace. You are solely responsible for creating backup copies of and replacing any User Content you submit to NastySpace or post on the Service, at your own cost and expense. You agree that NastySpace has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content. NastySpace retains the right to create limits on use and storage at its sole discretion, at any time, with or without notice.
By accessing or using the Service, you acknowledge and agree that NastySpace is engaged in the transmission, storage, retrieval, hosting, formatting or translation (or any combination thereof) of the User Content provided by the Service without selection or alteration of the User Content, and that all User Content provided by the Service is governed by section 230(c) of Title 47 of the United States Code (47 U.S.C. § 230(c)) and by section 2257(h)(2)(B)(v) of Title 18 of the United States Code (18 U.S.C. § 2257(h)(2)(B)(v).) NastySpace provides the Service for the personal, non-commercial use of viewers, visitors, subscribers or potential subscribers of the Service. You are granted a personal, non-exclusive, nontransferable license to view, on a single computer only, the content of the Service. NastySpace reserves the right to limit the amount of materials viewed. Commercial use of any content of the Service, other than your own commercial use of User Content you have uploaded, is strictly prohibited. In addition, except with respect to User Content that you have uploaded, you may not: (i) modify any of the materials provided by the Service; (ii) copy, reproduce, publically display or perform, distribute, or prepare derivative works from any of the content of the Service; (iii) remove, modify or alter any copyright, trademark, or other attribution or proprietary notice from any of the materials used in the Service; or (iv) otherwise transfer any material provided through the Service to any other person or entity. NastySpace reserves the right to terminate this license at any time if you breach or violate any provision of these TOS, in which case you will be obligated to immediately destroy any materials you have obtained from this Site. By submitting, posting, or communicating User Content using the Service, you grant to NastySpace an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free, worldwide license to: (1) use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute the User Content in or through any medium now known or hereafter invented, for any purpose; (2) to prepare derivative works using the User Content, or to incorporate it into other works, for any purpose; and (3) to grant and authorize sublicenses of any or all of the foregoing rights. NastySpace does not assert any ownership over your User Content; rather, as between NastySpace and you, subject to the rights granted to us in these TOS, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. NastySpace may obtain and exercise intellectual property rights over compilations, collective works, or derivative works that incorporate User Content you have provided. In that case, the rights NastySpace obtains will apply only to the compilation, collective work, or derivative work; as between NastySpace and you, subject to the rights granted to us in these TOS, you will retain full ownership of and rights to your User Content.
When you submit or communicate any User Content using the Service, you also authorize NastySpace to record and make such copies thereof as it deems necessary in order to facilitate the posting, maintenance, and storage of the User Content as part of the Service.
C) By posting content to any public area of NastySpace.com, you automatically grant, and represent and warrant that you have the right to grant, to NastySpace and its members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity and Content and to prepare derivative works of, or incorporate into other works and other media, such information and Content.
8. Objectionable or Inappropriate Content: By its very nature, the Service may include offensive, harmful, inaccurate or otherwise offensive or objectionable material. In some cases, the Service may include content that has been mislabeled or is otherwise deceptive. Please use caution and common sense and exercise proper judgment when using the Service. NastySpace does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any content provided by the Service. You acknowledge that any use of or reliance on material provided by the Service will be at your own risk. NastySpace may review any content provided by the Service, including any User Content uploaded using the Service, and reserves the right to refuse to distribute any such content or to remove any content from the Service, in it sole discretion. However, you acknowledge and agree that NastySpace is not obligated to remove any content from the Service, unless and until it is established pursuant to the requirements of the law that the content is illegal. If you believe any content provided by the Service is illegal or violates these TOS, you may inform NastySpace by using our contact form. NastySpace will review your message and the content to which you object (assuming it is still available through the Service). NastySpace may remove the content if, in NastySpace's judgment, it is illegal or otherwise inappropriate. However, please understand that deciding whether content is inappropriate is a judgment call, and that NastySpace is not legally responsible for content that it does not originate. Neither is NastySpace legally responsible for removing content that it deems inappropriate from the Service. NastySpace reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to do any of the following: (1) satisfy any applicable law, regulation, legal process or legitimate governmental request; (2) enforce these TOS, including investigation of potential violations hereof; (3) detect, prevent, or otherwise address fraud, security or technical issues; (4) respond to user support requests; or (5) protect the rights, property or safety of NastySpace, its users and the public. You agree that NastySpace will not be liable for exercising or failing to exercise any of these rights.
NastySpace respects the intellectual property rights of others. We prohibit users from uploading, posting or otherwise transmitting materials that violate the intellectual property rights of others. When we receive notification of alleged copyright infringement that complies with the Digital Millenium Copyright Act (17 U.S.C. § 512, the "DMCA"), we promptly remove or disable access to the allegedly infringing material. We also terminate the accounts of repeat infringers. If you are a copyright owner or an agent thereof and you believe that any content of the Service infringes your copyrights, you may submit a notice by following the directions on our DMCA Page.
10. Names and Trademarks: NastySpace, NastySpace.com, and other NastySpace logos and product or service names are trademarks of NastySpace. All other trademarks used in the Service are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made.
12. Disclaimer of Warranties: YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NASTYSPACE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, AND WITHOUT LIMITATION, NASTYSPACE MAKES NO WARRANTY THAT: (1) THE SERVICE WILL MEET YOUR REQUIREMENTS; (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (5) ANY ERRORS IN THE COMPONENTS OR CONTENTS OF THE SERVICE WILL BE CORRECTED; OR (6) OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. No advice or information, oral or written, obtained by you from NastySpace, shall create any warranty not expressly stated in these TOS.
13. Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT NASTYSPACE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NASTYSPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE. IN PARTICULAR, AND WITHOUT LIMITATION, NASTYSPACE WILL HAVE NO LIABILITY FOR DAMAGES ARISING FROM: (1) ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING ANY CONTENT OR COMPONENT OF THE SERVICE, EVEN IF IT RESULTS IN THE INADVERTENT TRANSFER OF HARMFUL COMPUTER CODE, SUCH AS VIRUSES, MALWARE, OR SPYWARE; (2) UNAUTHORIZED ACCESS TO OR DISCLOSURE OR ALTERATION OF YOUR POSTINGS, TRANSMISSIONS OR DATA; (3) CONTENT OR CONDUCT OF ANY THIRD PARTY PROVIDED THROUGH THE SERVICE; OR (4) AS OTHERWISE PROVIDED IN THESE TOS. UNDER NO CIRCUMSTANCES WILL RETUBE'S TOTAL LIABILITY FOR ANY AND ALL CLAIMS BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE EXCEED THE GREATER OF THE AMOUNT PAID BY YOU TO NASTYSPACE OR $100.
14. Exclusions and Limitations: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS ON LIABILITY AND DAMAGES MAY NOT APPLY TO YOU. THE PROVISIONS OF THIS AGREEMENT THAT PROVIDE FOR LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, OR EXCLUSION OF DAMAGES ALLOCATE RISKS BETWEEN YOU AND NASTYSPACE. THAT ALLOCATION IS REFLECTED IN THE DELIVERY OF FREE CONTENT TO YOU BY NASTYSPACE, AND IS AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THIS AGREEMENT.
15. Arbitration & Class Action Waiver: You and NastySpace agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and NastySpace hereby waive any right to a jury trial of any dispute we have that is subject to this arbitration agreement. Neither you nor NastySpace may bring a claim against the other as a class action. Neither you nor NastySpace may act as a private attorney general or class representative, nor participate as a member of a class of claimants with respect to any dispute or claim between us. As used in this arbitration agreement and waiver, the terms "NastySpace" and "you" include NastySpace's and your respective owners, officers, directors, shareholders, employees, subsidiaries, affiliates, agents, predecessors in interest, successors, attorneys, and assigns. This arbitration agreement and waiver will be interpreted broadly, and will encompass all disputes between you and NastySpace, including, but not limited to claims that relate in any way to the relationship between you and NastySpace, your use of the Service, and any advertising or content of the Service, regardless of legal or equitable theory. This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. Such agencies can, if the law allows, seek relief from us on your behalf. Moreover, you and NastySpace have the right to bring qualifying claims in small claims court. Arbitration of any dispute or claim must be initiated within two years, or within the period of time provided by applicable statute, after the date on which the basis for the dispute or claim first arises. The arbitration will be conducted by the JAMS dispute resolution service. To initiate arbitration, you or NastySpace must submit a claim to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, California, USA, 94111, tel. 415-982-5267, with notice to the other party by certified mail. Notice to NastySpace should be sent to: For more information regarding JAMS, you may visit its website at http://www.jamsadr.com/. These Terms evidence a transaction in interstate commerce, and thus the arbitration will be subject to the Federal Arbitration Act, 9 U.S.C. §§ 1-16 et seq. ("FAA"). In addition, the arbitration will be conducted under the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules") in effect on the date of commencement of the arbitration, as modified by these TOS. The arbitration will be conducted by a single arbitrator. The arbitration will be based entirely on the written submissions of the parties and documents submitted to the arbitrator, unless the parties agree or the arbitrator orders otherwise. Unless you and NastySpace both agree otherwise, the arbitrator may not join your claim(s) or NastySpace's claim(s) with any other claim, and may not preside over any representative or class proceedings. For any arbitration in which you claim less than $10,000, NastySpace will reimburse you for the cost of your filing fee with AAA or JAMS and will directly pay all of JAMS' other costs and fees. For claims between $10,000 and $75,000, you will pay any filing fee required by JAMS, and NastySpace will pay all of JAMS' other costs and fees. If you bring claims between $10,000 and $75,000 and cannot afford to pay the filing fee, NastySpace will pay the fee directly on your behalf upon written notice from you. If, however, the arbitrator determines that any claim brought by you is frivolous, then payment of JAMS' costs and fees will be governed by the JAMS rules. Furthermore, if the arbitrator determines that your claims are frivolous, you agree to reimburse NastySpace for any costs or fees that it paid that otherwise would have been your responsibility under the JAMS Rules. If you bring a claim for greater than $75,000 payment of fees and other costs to JAMS will be governed by the JAMS rules.
In issuing any award, the arbitrator shall issue a written decision that is sufficiently detailed to inform both you and NastySpace of the reasons for his or her decision. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only as necessary to provide the relief warranted by that party's individual claim. Any award may be confirmed and enforced in any court of competent jurisdiction. All post-award proceedings will be governed by the FAA. 16. Indemnification: You agree to hold harmless and indemnify NastySpace, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. NastySpace will make reasonable efforts to provide you with written notice of any such claim, suit or action, but the failure of NastySpace to provide such notice will not relieve you of these obligations.
17. Severability: If any provision of these TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the TOS will remain in force.
18. Non-Waiver: The failure of NastySpace to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
19. Choice of Law: The agreement created by these TOS, and any dispute arising from or relating to these TOS or the provision or use of the Service, will be governed by the laws of the United States and the State of Delaware, without giving effect to conflict of laws provisions.
20. Entire Agreement: These TOS, together with the NastySpace Privacy Policy and the NastySpace DMCA Page, constitute the entire agreement between you and NastySpace and governs your use of the Site. You may be subject to additional terms and conditions that may apply when you use or purchase certain other services, such as affiliate services, third-party content or third-party software. In order to determine what those obligations may be, you understand and agree that it is your responsibility to review any and all terms and conditions of usage and privacy policies with respect to such service, content, or software.
I HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE, AND I AGREE TO BE BOUND BY THEM. (Revised November 28, 2012) |
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