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Terms & Conditions

Terms & Conditions

THE TERMS OF USE SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THE SITE VIA THE INTERNET, THE WORLD WIDE WEB, MOBILE NETWORKS, OR ANY OTHER COMMUNICATION METHODS NOW KNOWN OR IN THE FUTURE DEVELOPED. IN CONSIDERATION FOR ACCESS TO AND/OR USE OF THE SITE, YOU ("YOU", “YOUR”, “USER”, OR, COLLECTIVELY, "USERS”) AGREE TO READ THE TERMS CAREFULLY BEFORE ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS, AND YOU AGREE TO BE BOUND BY THE TERMS. THE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND NASTY PLEASURE, AND GOVERN YOUR ACCESS TO AND/OR USE OF THE SITE.  

PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. IF YOU DO NOT AGREE WITH ANY OF THE TERMS, CLOSE THE SITE DOWN IMMEDIATELY AND DO NOT ACCESS OR OTHERWISE USE THE SITE OR ANY INFORMATION CONTAINED ON THE SITE OR OBTAIN ANY GOODS, SERVICES OR PRODUCTS FROM US. 

BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE TO THESE TERMS & CONDITIONS. Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. 

  1. Definitions 

  • “Affiliate” means any business entity with which NASTY PLEASURE has a business or contractual relationship, including, but not limited to, agents, partners, associates, and parent or subsidiary entities. 

  • “Content” means any intellectual property, data, or communications Transmitted by NASTY PLEASURE, Users, or Third Parties via the Site including, but not limited to, articles, audio, blog postings, comments, documents, editorial content, featured site profiles, files, images, listings, logos, messages, music, photos, postings, questions and answers, ratings, recommendations, reviews, sounds, site profiles, tags, text, trademarks, or videos. 

  • “Customer” means a User who has purchased a product. 

  • “Customer Account” means a Customer who has opted to create a unique account on the Site in order to store their Customer Data and allow the Site to provide additional services. 

  • “Customer Data” means personally identifiable information voluntarily Transmitted by a User to the Site in order to purchase a product. 

  •  “NASTY PLEASURE Content” means Content generated by NASTY PLEASURE. 

  • NASTY PLEASURE Technology” means the past, present and future intellectual property comprising the Site, including, but not limited to, all software, code processes, algorithms, user interfaces, know-‐how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of the NASTY PLEASURE Platform and all other tangible or intangible materials related to, displayed, performed, or distributed on the Site and the Site itself, including, but not limited to, the selection, sequence, "look and feel", and arrangement of items on the Site, and all NASTY PLEASURE trademarks, domain names, patents, and other intellectual property. 

  • “Transmit” or “Transmission” means uploading, submitting, posting, distributing, downloading, disseminating, receiving, or otherwise making available Content. 

  • “User” means an individual who accesses and/or uses the Site. 

  • “User Content” means reviews, comments, and other communications, photos, videos, or any other Content that Transmitted or submitted through or to the Site by Users. 

  • “Your Content” means any Content You Transmit via the Site. 

  1. Age Requirement 

THE SITE IS NOT INTENDED FOR CHILDREN. IF YOU ARE UNDER 18 YEARS OF AGE OR THE APPLICABLE AGE OF MAJORITY IN YOUR JURISDICTION, THEN YOU MAY NOT ACCESS OR USE THE SITE AT ANY TIME OR IN ANY MANNER. BY USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THE APPLICABLE AGE OF MAJORITY IN YOUR JURISDICTION AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE. 

  1.   Privacy 

NASTY PLEASURE respects Your privacy and is committed to protecting the personally identifiable information we collect from all Users as You access and/or use the Site via the internet, the world wide web, mobile networks, or any other communication methods now known or in the future developed. Your use of the Site is governed by the Site’s Privacy Policy, and is hereby incorporated into the Terms by reference. Please read this policy carefully for information related to NASTY PLEASURE’s collection, use, and disclosure of Your personally identifiable information. 

  1.   Change of Terms 

NASTY PLEASURE or an Affiliate may modify, alter, or otherwise update the Terms at any time. Such modifications shall be effective immediately upon posting. You are responsible for reviewing regularly the Terms. Your continued access to and/or use of the Site constitutes Your agreement to all such modifications. 

  1.  Personal Non-Commercial Use Only 

The contents of the Site are intended for the personal, noncommercial use of its users. All materials published on the Site (other than User Content) (including, but not limited to articles, comments, text, photographs, images, illustrations, product descriptions, audio, video, software, trademarks, logos and other materials found on the Site (collectively, the “NASTY PLEASURE Content”) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by NASTY PLEASURE or its licensors, software or other materials. NASTY PLEASURE grants You a limited, personal, non‐exclusive, non‐transferable, freely revocable license to access and/or use NASTY PLEASURE Content and NASTY PLEASURE Technology that is on the Site for Your personal use. The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms of Service. As a condition of your use of this Site, you warrant to NASTY PLEASURE that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. 

You may not use the Site for any other purpose without NASTY PLEASURE’s express prior written consent, including, without limitation, any commercial purpose. For example, You may not and may not authorize any other person or entity (“Person”) to (i) take NASTY PLEASURE Content from the Site and reformat and display said NASTY PLEASURE Content, or mirror and/or frame any pages of the Site or any portion thereof on any other website (whereby the Site or a portion thereof will appear on a user’s screen with a portion of another website, or with content or advertising of any Person without NASTY PLEASURE’s prior written consent); (ii) use the Site to increase traffic to Your website for commercial reasons, such as advertising or sales; (iii) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; (iv) “scrape” the Site, or use any bot, spider, scraper, data miner, or automated agent to access and/or or use the Site or gain access to and/or use any NASTY PLEASURE Content on the Site; or (v) Co-brand the Site or any portion thereof. “Co-branding” means the display of a name, logo, trademark, or other means of attribution or identification of any Person in such a manner reasonably likely to give a user of the website the impression that such the Person is associated or affiliated with NASTY PLEASURE, or has the right to display, publish, transmit or distribute the Site or content accessible within the Site. 

In addition, You may not and may not authorize any Person to link to any part of the Site without NASTY PLEASURE’s prior written consent. You agree to cooperate with NASTY PLEASURE in causing any unauthorized activity set forth above immediately to cease. You may not take any action that violates the Terms. Furthermore, You may not, under any circumstances, (a) modify the information on the Site or use it for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble the information; (c) remove any copyright, trademark registration, or other proprietary notices from the information; or (d) transfer the information to another Person. In addition, you may not use any meta tags or any other “hidden text” utilizing NASTY PLEASURE’s or its licensor’s name or trademarks without the express prior written consent of NASTY PLEASURE. 

Examples of Unlawful or Prohibited Uses 

By way of example, and not limitation to the foregoing, the following are examples of specifically prohibited uses. Whether on behalf of Yourself or on behalf of any third party, YOU MAY NOT: 
 
 

  • Make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices or images; 

  • Download, copy or transmit any Content for the benefit of any other merchant; 

  • Use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by NASTY PLEASURE or generally publicly available browsers; 

  • Frame, mirror or use framing techniques on any part of the Site without NASTY PLEASURE’s express prior written consent; 

  • Make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store or use any Content, product listings, descriptions, prices or images, except pursuant to the limited license granted by these Terms; 

  • Use any meta tags or any other hidden text utilizing NASTY PLEASURE’s name or marks; 

  • Misrepresent the identity of a User, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement You make; 

  • Use a buying agent to conduct transactions on the Site; 

  • Conduct fraudulent activities on the Site; 

  • Violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for You or logging onto a server or an account that You are not authorized to access; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the NASTY PLEASURE Site) or to the Site (impersonating another user); 

  • Send unsolicited or unauthorized email on behalf of NASTY PLEASURE, including without limitation promotions and/or advertising of products or services; 

  • Tamper with the Site or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site; 

  • Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity; 

  • Harvest or collect personally identifiable information about other Users of the Site; 

  • Restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site); 

  • Use the Site to advertise or offer to sell or buy any goods or services without NASTY PLEASURE’s express prior written consent; 

  • Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site; 

  • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or 

  • Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site. 

  

Illegal and/or unauthorized uses of the Site, including without limitation collecting Customer Data, or other personally identifiable information of Customers by electronic or other means, or the sending unsolicited email, unauthorized framing of or linking to the Site, or any other use not expressly permitted in the Terms will be investigated, and legal action may be taken, including, without limitation, termination of Your Customer Account, as well as civil, criminal, and injunctive redress. In addition to the above restrictions, You may not authorize, enable, or otherwise grant to any other person, organization, company, or business access to Customer or other Content posted on or through the Site for the purpose of extracting such information. 

You acknowledge that if You violate this provision of the Terms, in addition to all other remedies available to NASTY PLEASURE, we will be entitled to liquidated damages in the amount of $50,000. You agree and acknowledge that these liquidated damages are a fair and accurate estimate of NASTY PLEASURE’s actual damages resulting from a breach of this provision and shall not be construed as penalty or punitive damages against You. 

  1.  User Submissions  

NASTY PLEASURE welcomes Your reviews, comments, and other communications, photos, videos, or any other content that You TRANSMIT or submit through or to the Site, or any content or information that You publish through any social media and expressly authorize NASTY PLEASURE to feature ("User Content") as long as the User Content submitted by You complies with these Terms. You agree that any information, feedback, questions, comments and/or submissions to any Site (collectively, “Submissions”) will be deemed to have been provided to us on a non-confidential and non-proprietary basis, and You grant NASTY PLEASURE a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant NASTY PLEASURE, its Affiliates and their respective sublicensees the right to use the name that You submit in connection with such content, if they choose. We will have no obligations or liability of any kind to You or any third party with respect to any Submission and shall be free to reproduce, use, disclosedistribute and/or otherwise exploit any Submission for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in any Submission for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques without Your approval or compensation to You. You waive any rights You may have in modifications or alterations to Your Submissions or in the event that Your Submission is changed in a manner not agreeable to You. In addition, You hereby waive all moral rights You may have in any materials uploaded to the Site or sent to us by You. 

All messages transmitted to the Site, other than Customer Account information and Customer Data, will be readily accessible to the general public. You should not use the Site to transmit any communication which You intend only the intended recipient(s) to read. Notice is hereby given that any and all messages and videos uploaded to the Site can and may be read and/or viewed by the operators of the Site and others who have access to the Site, regardless of whether or not the operators or community are the intended recipients of such messages. 

To enable NASTY PLEASURE to use the information You supply to us through Your Submissions, and so that We are not violating any rights You might have in that information, You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any copyright, publicity and database rights You have in that information, in any media now known or developed in the future, with respect to your information. However, NASTY PLEASURE will only use Your personal Customer Account and Customer Data information in accordance with our Privacy Policy. 

If You believe that the content of any Submission provided by You, or any Content appearing on the Site, has been used on a Site in a manner that constitutes copyright infringement, please provide our Copyright Agent with a written notice (email is sufficient) in accordance with our DMCA Policy. 

  

  1.  NASTY PLEASURE Content 

Unless otherwise noted, all Content on the Site that is not User Content is NASTY PLEASURE Content and is owned, controlled, or licensed by NASTY PLEASURE and is protected by copyright, trademarks, service marks, and/or other intellectual property rights. You agree that You shall acquire no rights in NASTY PLEASURE Content or in NASTY PLEASURE Technology unless otherwise noted in writing by NASTY PLEASURE. You may not copy, reproduce, frame, republish, download, upload, post, transmit, distribute, hyperlink, or exploit NASTY PLEASURE Content for commercial use in any way without the prior written consent of NASTY PLEASURE. 

  1. License to Access and/or Use 

NASTY PLEASURE grants You a limited, personal, non-exclusive, non-transferable, freely revocable license to access and/or use NASTY PLEASURE Content and NASTY PLEASURE Technology that is on the Site for Your personal use. All other use or Transmission of NASTY PLEASURE Content or NASTY PLEASURE Technology is strictly prohibited. You acknowledge and agree that with exception to this limited license You have no right to modify, edit, copy, reproduce, create derivative works, or reverse engineer, alter, enhance, or in any way exploit any of the NASTY PLEASURE Content or NASTY PLEASURE Technology in any manner unless otherwise noted in writing by NASTY PLEASURE. This limited license terminates automatically, without further notice to You, if You breach any of the Terms. 

  1. Reservation of Rights. 

NASTY PLEASURE reserves all rights not expressly granted in the Terms unless otherwise noted in writing by NASTY PLEASURE. 

  1. Prevention of Unauthorized Use. 

NASTY PLEASURE reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Site, NASTY PLEASURE Content, and NASTY PLEASURE Technology, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use. 

  1.   License Grant to NASTY PLEASURE 

By Transmitting Your Content on the Site or via NASTY PLEASURE Technology, you thereby grant NASTY PLEASURE a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your Content (except Customer Account and Customer Data, which will be used only as set out in our Privacy Policy) throughout the world in any media in any way and in any commercial or non-commercial medium or form without compensation. 

If Your Content is removed from the Site, Your Content, Customer Account and/or Customer Data  also may be deleted at the discretion of NASTY PLEASURE. We encourage You to be sure You are comfortable with this possibility before Transmitting Your Content via the Site. You should be aware that NASTY PLEASURE is not required and may not keep back-up copies of Your Content. Additionally, NASTY PLEASURE makes no guarantee that Your Content will be safely stored on the Site and You should independently back-up Your Content. 

  1.   User Content Representations and Warranties 

You solely are responsible for Your Content and all the consequences of Transmitting Your Content. By Transmitting Your Content, You affirm, represent, and warrant that (i) You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize NASTY PLEASURE and other Users to use Your Content as necessary to exercise the licenses granted by You in this section and in the manner contemplated by NASTY PLEASURE and the Terms; (ii) Your Content does not and will not slander, defame, or libel any other person; (iii) the use of Your Content as permitted herein does not and will not infringe, violate, or misappropriate any third-party right, including, without limitation, any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (iv) Your Content does not contain any viruses, adware, spyware, worms, or other malicious code; and (v) Your Content is free of any digital rights management, including, without limitation, any software designed to limit the number of times Your Content may be copied or played. Violators of the Terms may be subject to criminal and civil liability. NASTY PLEASURE reserves all rights and remedies against any Users who violate the Terms. 

  1.   User Content Disclaimer 

You understand that when using the Site You may be exposed to User Content from a variety of sources, and that NASTY PLEASURE is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or otherwise inappropriate, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against NASTY PLEASURE with respect thereto. NASTY PLEASURE does not endorse any User Content and cannot vouch for its accuracy or appropriateness.