Terms of Service

Last Modified: 10-18-2023

Sites Covered by this Agreement:

Nubiles Fan Program - Nubilescash.com Sites

Welcome to Our Sites’ Terms of Service Agreement (hereinafter “Agreement”). The provisions of this Agreement will govern Your use of Our Site, and You should therefore take some time to read the Agreement carefully. Our Site may contain communications and links posted by or referring to independent third parties, over which We exert no control. We disclaim any liability for materials found on third party links. You are urged to use Your own good judgment and common sense when engaging in communications with third party, as We are not responsible for any interactions occurring between Our Users and any third parties as a result of Your use of the Site. Various laws protect online platforms like Ours from civil claims, so We encourage You to independently research any information found third party communications, before making any decisions. We hope that You thoroughly enjoy Our Services, and We anticipate that You will find Our Site useful and informative. Should You have any questions or comments regarding Our Site, or its policies, please feel free to visit our Support page for further information. The laws of Your individual city, county, state, province, or nation may regulate the activity discussed or promoted by the Site, or by third parties communicating on the Site. Check Your local laws before taking part in any such activities.

  1. Preliminary Provisions

  1. Company: NF Media Inc is the operator of the above listed Sites. Hereinafter, NF Media Inc. shall be referred to as “Company.” When first-person pronouns are used in this Agreement, (Us, We, Our, Ours, etc.) these provisions are referring to Company and/or to any other site that We may choose to operate in the future. Additionally, when the terms “the Site” or “Site” are used, these terms refer to any of the above listed Sites, any predecessor or successor domain or URL, along with any website published by Us, unless a site is specifically exempt from this Agreement. Our Site, and the services the Site provides (“Services”), may contain images and content, including but not limited to text, software, images, graphics, data, messages, or any other information, and any other website content owned, operated, licensed, or controlled by the Company (collectively, “Materials”).

  1. You, the User: As the User of this Site and/or Services, this Agreement will refer to the User as “You” or through any second-person pronouns, such as “Yours,” etc. Hereinafter, the User of the Site and/or Services shall be referred to in applicable second-person pronouns. You certify that You (i) are over eighteen (18) years of age, (ii) have attained the age of majority in Your jurisdiction, and (iii) have the legal capacity to enter into this Agreement.

  1. User vs. Member vs. Model: For the purposes of this Agreement, all Members are Users, but not all Users are Members. Further, all Models are Users, but not all Users are Models. This Agreement applies to all Users regardless of whether they are also a Member or a Model. You become a User by accessing this Site or the Services in any way, therefore You need not become a Member of the Site or Model on the Site to make this Agreement apply to You. You are not considered a Member as defined by this Agreement until such time as You have completed the necessary online membership registration forms (“Member Registration”). You are not considered a Model as defined by this Agreement until such time as You have completed the necessary online model registration forms (“Model Registration”).

  1. Legally Binding Contract: This Agreement is a legal contract between You and the Company. You should treat it as any other legal contract by reading its provisions carefully, as they will affect Your legal rights. By accessing the Site in any manner, You are affirmatively agreeing to be bound by all of the terms contained in this Agreement. You may not pick and choose which terms apply to You. If You do not agree with all of the terms in this Agreement, You must cease all access and use of the Site and the Services. Nothing in this Agreement is intended to create any enforcement rights by third parties. Consideration for Your acquiescence to all of the provisions in this Agreement has been provided to You in the form of allowing You to use Our Site and Our Services. You agree that such consideration is both adequate, and that it is received upon Your viewing or using any portion of any of Our Site and/or Services, whether You are a User or Member. You agree to be bound by any affirmation, assent, or agreement You transmit through the Site. You agree that when in the future You click on an “I agree,” “I consent,” or other similarly worded button, check box, or entry field with Your mouse, keystroke, or other computer device, Your agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature. If You fail to sign this Agreement, You understand that You are an unauthorized user of the Site and Services, despite any payments made or subscriptions or Materials sold to You. No act or omission by Us should be interpreted as a waiver of the requirement that You assent to this Agreement. If You fail to do so, You are still bound by this Agreement by virtue of Your viewing the Site or using any portion of the Site or Our Services.

  1. Revisions: We reserve the right to revise this Agreement at any time. You agree that We have this unilateral right, and that all modifications or changes are in force and enforceable immediately upon posting. The updated version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. We agree that if We change anything in this Agreement, We will change the “Last Updated” date at the top of this Agreement. You agree to re-visit this page on a frequent basis, and to use the “Refresh” or “Clear Cache” function on Your browser when doing so. You agree to note the date above. If the “Last Updated” date remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in this Agreement has changed since the last time You visited. If the “Last Updated” date has changed, then You must review the updated version of this Agreement in its entirety. You must agree to the updated version of this Agreement or immediately cease use of the Site. If You fail to review this Agreement as required to determine if any changes have been made, You assume all responsibility for such omission, and You agree that such failure amounts to Your affirmative waiver of Your right to review the updated terms. We are not responsible for Your neglect of Your legal rights.

  1. No Illegal Activity: You agree not to use the Services or access the Site if doing so would violate the laws of Your state, province, or country. If You are seeking information regarding any illegal activities, please leave this Site immediately and do not attempt to use the Services. You acknowledge that You are aware of the community standards in Your community, and You will only access the content on the Site and/or use the Services if You believe that the content on the Site does not offend the community standards prevalent in Your community.

  1. Incorporations by Reference. Although this Agreement represents the primary terms and conditions of service for Our Site, Our additional website policies which may be found on Our Site are hereby incorporated by reference.

  1. Termination by You: You may cancel Your account at any time by following the cancellation instructions on Our Support page .

  1. Termination by Us: Without limiting other remedies, We may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate Your access and use of the Site and Services at any time, with or without advance notice, if: (i) We believe, in Our sole discretion, that You have breached any material term of this Agreement or the document(s) it incorporates by reference; (ii) We are unable to verify or authenticate any information You provide to Us; (iii) We believe, in Our sole discretion, that Your actions may cause legal liability for You, Our Users or Us; or (iv) We decide to cease operations or to otherwise discontinue any of the Services or options provided by the Site or parts thereof. You agree that neither the Site nor any third party acting on Our behalf shall be liable to You for any termination of Your access to any part of the Site, including but not limited to if the Site ceases operation. You agree that if Your access is terminated by Us, You will not attempt to regain access to the Site – using the same or different username – without prior written consent from Us.

  1. Grant of Rights

  1. Definition of “Materials”: Our Site and Services contain images and content, including but not limited to text, software, images, graphics, data, messages, or any other information, and any other website owned, operated, licensed, or controlled by Us (defined above as “Materials”). You acknowledge and stipulate that all of the Materials constitute expressive content that is fully protected by the First Amendment to the United States Constitution. You acknowledge and understand that some or all of the Materials on Our Site and transmitted via Our Services may depict activity that is restricted to adults, and may therefore be inappropriate for viewing by minors. You acknowledge that You are aware of the nature of the Materials provided by or through the Site, that You are not offended by such Materials, and that You access the Site and Services freely, voluntarily, willingly, and for Your own personal enjoyment.

  1. License to Use the Materials: Subject to Your acceptance of this Agreement, We grant You a limited, nonexclusive, nontransferable personal, non-commercial license to access and use the Site, Materials, and the Services contained therein, as limited by Your purchase of certain paid upgrades. We reserve the right to limit the amount of Materials viewed. This is a license to use and access the Site for its intended purpose and is not a transfer of title. All other uses are strictly prohibited, unless consented to by Us, and immediately terminate this limited license. If You are a business entity or commercial concern, Your presence on the Site is not allowed unless it is expressly authorized in writing by Us. We reserve the right to pursue vigorous legal action against unauthorized login by business and commercial entities. We reserve the right to terminate this license at any time if You breach or violate any provision of this Agreement, in which case You will be obligated to immediately destroy any information or Materials You have downloaded, printed, or otherwise copied from this Site. Violators of this limited license may be prosecuted to the fullest extent under the applicable law.

  1. Your Content

  1. Definition of “Your Content”: Your Content includes any information, data, text, messages, images, graphics, audio, video, or other content or media uploaded or otherwise provided by You for Us to publish or otherwise make available on the Site or Services and which is not Material otherwise provided by Us. You agree that Your Content will comply with all provisions set forth in this Agreement.

  1. We Are NOT Responsible for Content Posted by Users: We may permit You to submit Your Content to the Site. Except for personally identifiable information covered under Our Privacy Policy, We will consider Your Content non-confidential and non-proprietary. We will have no obligation regarding Your Content, and You are solely responsible for Your Content and the consequences of posting Your Content to the Site. We are committed to making the use of Our Site a safe and pleasant experience for Our Members. In order to do this, We reserve the right, at Our sole discretion and with no obligation to do so, to periodically monitor, either at random, or selectively, Member profiles, chat sessions, or forum posts. This includes all communication sent or received through any communication system offered via the Services. We further reserve the right, at Our sole discretion and with no obligation to do so, to delete any content violating this Agreement. We may delete any content including pictures, messages, forum posts, or profiles that are deemed in Our sole discretion to be illegal, immoral, offensive, or in violation of the letter and spirit of this Agreement and the purpose of the Site or any of its affiliates, if applicable. However, We are not always able to control the content posted on User profiles or User communications, and as such We do not guarantee the accuracy, integrity, quality, or any other aspect of such posted content. We conduct no background check or criminal history evaluation of Our Members before or after they register as a Member of Our Site. You are encouraged to thoroughly inspect the credentials and background of any person You have contact or communicate with via Our Site or Services. Under no circumstances will We accept liability in any way for any content posted by, uploaded by, or transmitted by Our Users.

  1. License to Use Your Content: By posting Your Content on the Site, You grant Us a worldwide, perpetual, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content for Our business (and the business of Our successors), including for promoting and redistributing any part of the Site (and derivative works of it) in any media formats and through any media channels for the purposes set forth in this Agreement. This license shall include the right to copy and transfer Your Content to any of Our affiliate, related, or partner sites, and to display Your Content on different pages of the Site at Our sole discretion. This license allows each User of the Site to access, use, view, display, and perform Your Content through the Site, as permitted by Us and under this Agreement, and as limited by that User’s purchase of certain paid features, if applicable.

  1. Consent: By posting Your Content on the Site, You consent to (i) being depicted in Your Content, (ii) Your Content being publicly distributed on the Site, and (iii) if applicable, to Your Content being downloaded from the Site. You further consent to the recording, depiction, distribution and, if applicable, downloading of any content depicting your image and likeness that is posted on the Site by other Models (hereinafter defined as “Content Depicting Third Parties”), when You are tagged by the posting Model, and You submit to Us any consent form associated with such content, in accordance with Section 4, below.

  1. Section 2257: You represent and warrant that Your Content is fully compliant with all requirements listed at 18 U.S.C. § 2257 et seq. 18 U.S.C. § 2257A, and 28 CFR Part 75 et seq. (“Section 2257”) and that You possess and maintain age verification documents required by Section 2257 in a form acceptable to Us and that You will continue to maintain originals of these documents in that manner and for so long as You maintain a Creator account on the Site, plus a term of seven (7) years, or the length of time required by law (whichever is longer), and that You will provide to Us an accurate and legible copy of this documentation immediately upon request and/or provide Us with the required information during the Model registration process. You further consent to any circulation of such records to third parties such as Our contractors, affiliates, successors, and sub-licensees, at Our sole discretion. For so long as You maintain a Model account on the Site, and for a period of no less than seven (7) years after Your Model account on the Site is deactivated, You will act as the “Custodian of Records” as defined in 28 CFR Part 75 et seq. and will maintain all records as required by Section 2257 at Your primary address. Upon request, You will provide Us with one or more valid government-issued “picture ID cards” as mandated by Section 2257, that contains Your name, photo, and birth date.

  1. Members Shall NOT Post Adult Content: If You are a Member but not a Model, You will not upload or publish visual media, including images, video and other depictions, which contain any nudity (including display of the genitals, buttocks and/or the female breast) or sexual activity (including any form of masturbation, penetration, bestiality, or sadistic/masochistic behavior). All persons depicted in Your Content, which is not provided by Us, images or video must be at least eighteen (18) years of age when the depiction was created.

  1. Content Depicting Third Parties

You understand and agree that You may share content that depicts one or more third parties (“Content Depicting Third Parties”), provided:

  1. The Content Depicting Third Parties does not violate any third party’s rights.

  1. Each individual depicted in the Content Depicting Third Parties is registered as a Model on the Site.

  1. Each Model depicted in the Content Depicting Third Parties is tagged therein.

  1. You have obtained and will maintain government-issued identification documentation confirming that each Model depicted in the Content Depicting Third Parties is at least eighteen (18) years of age.

  1. You have obtained and will maintain written documentation confirming that each Model depicted in the Content Depicting Third Parties has consented to (i) being depicted in the Content Depicting Third Parties, (ii) the Content Depicting Third Parties being publicly distributed on the Site, and (iii) if applicable, to the Content Depicting Third Parties being downloaded from the Site.

  1. You will provide this written documentation of consent and any other necessary releases, licenses, or ownership documents to Us promptly upon request.

We may refrain from publicly distributing any Content Depicting Third Parties until all depicted Models have confirmed their identity and consent to (i) being depicted in the Content Depicting Third Parties, (ii) the Content Depicting Third Parties being publicly distributed on the Site, and (iii) if applicable, the Content Depicting Third Parties being downloaded from the Site. If You produce or participate in Content Depicting Third Parties, We shall only be responsible for compensating the account of the Model from which the sale of the Content Depicting Third Parties is made. You are solely responsible for segregating, dividing, and distributing any revenue generated from any Content Depicting Third Parties. Any such revenue sharing arrangement shall be governed solely by an independent, private agreement between You and the other Model(s) in the Content Depicting Third Parties. We are not responsible for enforcing such agreements. You agree to release us, and hold Us harmless, from all claims arising from Content Depicting Third Parties. You further agree that any claim arising from Content Depicting Third Parties shall be asserted only against the Model(s) participating or appearing therein, and not against us.

  1. Membership

  1. Member Registration: To access certain features of the Site and the Services, You must register as a Member of the Site. At the time of Member Registration, You must select a valid payment method and choose how long You wish to be a Member of the Site, and You may be asked to provide certain additional registration details or other information. In order to verify Your identity, some of this information may be personal, private, or detailed. In connection with completing the registration, You agree to provide true, accurate, current, and complete information about Yourself as prompted by the registration (such information being the "Registration Data"); and You further agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while You are a Member. While We use reasonable efforts to protect the personal information of others from inadvertent release or misappropriation, We are not responsible for the intentional or criminal acts of third parties such as hackers or “phishers.”

  1. Changes to Your Information: You must promptly inform Us of all changes, including, but not limited to, changes in Your address and changes in Your credit card or bank account used in connection with billing and/or payment for the Site and Services, if applicable. If You provide any information that is untrue, inaccurate, not current, or incomplete, or if We or any of Our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate Your account and refuse any and all current or future use of the Site and Services, as well as subjecting You to criminal and civil liability. If applicable, You are responsible for any credit card charge backs, dishonored checks, and any related fees that Site incurs with respect to Your account.

  1. No Account Sharing or Unauthorized Use: You are entirely responsible for any and all activities conducted through Your account. You agree to notify Us immediately of any unauthorized use of Your password or accounts as well as of any other breach of security. Membership may not be transferred or sold to a third party. Membership includes a single-user license to access the Materials. You are not authorized to share any of Our Materials with any person who does not have their own membership. If You do so, both You and the unauthorized viewer/User are jointly and severally liable for any fees that will be due if there is no Membership in place for the unauthorized User. You are not permitted to distribute any content from Our Sites through any other media outlet including but limited to peer-to-peer networks or file sharing platforms. Such unauthorized distribution of content from Our Sites constitutes copyright infringement which can result in termination of Your account along with civil and/or criminal liability. The Site and its affiliates disclaim any and all liability arising from fraudulent entry and use of the Site. If a User fraudulently obtains access, the Site may terminate membership and/or access immediately and take all necessary and appropriate actions under applicable federal, state, and international laws.

  1. Membership Fees and Other Charges : You agree to pay all membership fees and other charges to Your account when due. Current membership packages, fees, and other charges are disclosed during Member Registration at the specific Site for which You have registered, or when requesting access to specific content. Charges related to tips, gifts, and direct messages are either elected by you at the time of purchase or prominently displayed on the Site at the time of purchase. We reserve the right to change the Site’s membership fees and other charges at any time, with or without notice to You. You are responsible for any and all fees or penalties that are associated with Your account. Members are billed at the designated duration for content access only during the specified duration.

  1. Automatic Rebilling: You understand that if You become a Member with a “recurring” membership, We employ an automatic rebill procedure in order to provide continuity of Service. You may cancel at any time. For example, if You join the 30-day monthly membership, and cancel the same day, You will have access for 30 days and will not be billed after the 30 days is up. Non-recurring memberships do not require a cancellation.

  1. Refunds: You understand and agree that it is our standard policy that all purchases are final and nonrefundable. We reserve the right to address all refund requests in our sole discretion. In no instance will a refund be provided where the user initiates a chargeback.

  1. Third-Party Payment Processors: We reserve the right to contract with a third-party entity to process all payments. Such third-party entity may impose additional terms and conditions governing its payment processing services. You are responsible for abiding by such stipulations, if applicable. We disclaim any liability in relation to Your violation of such stipulations.

  1. Billing Errors: If You believe that You have been erroneously billed, please notify Us of such error immediately. If You do not notify Us within thirty (30) days of the error having occurred, You will have deemed the alleged error as acceptable for all purposes, including resolution of any inquires made by or on behalf of Your banking institution.

  1. Stolen Cards and Fraudulent Use of Credit Cards: We take credit card fraud very seriously. Discovery that any Member has used a stolen or fraudulent credit card or other payment method will result in the notification of the appropriate law enforcement agencies and termination of such Member’s account.

  1. Model Participation

  1. Model Accounts: To create an account to sell Your Content on the Site (“Model Participation”), You must already appear in the Materials and register as a Model on the Site, and You must provide valid banking or payout information. Model Participation may not be transferred or sold to a third party. Model Participation includes a single-user license to access certain features on the Site which allow You to upload and sell Your Content on the Site.

  1. Model’s Responsibilities: It is Your sole responsibility (i) to provide accurate and current banking and payout information, (ii) to designate which pieces of Your Content are available for free, through a subscription, or for purchase on an individual basis, (iii) to set the price to access Your Content, and (iv) to update such information as necessary. If You fail to designate a price, You understand and agree that We may make that piece of Your Content available to Users free of charge. You must own or control the bank account or wallet associated with Your payout method, and You agree to provide Us with such information as We may request to confirm Your ownership or control.

  1. Commissions: You will receive an eighty percent (80%) commission on all sales of Your Content after processing (10%) fees . We reserve the right to change this percentage at any time. From time to time, We may offer certain increased commission percentages as a signing bonus, referral fees, or other incentives. You understand and agree that We are under no obligation to offer such incentives, and the terms and conditions of such incentive programs will be prominently displayed on the Site and remain in Our sole and absolute discretion. We reserve the right to withhold any funds processed or generated from Your Content that results in a chargeback. We will issue payment of your commissions to Your selected bank account or payout method for any monies earned during the preceding pay period, minus any processing fees based on Your payout selection or otherwise associated with Your account, provided You have met the minimum payment threshold. In the event We receive notice of any lien or encumbrance against Your account, We may suspend payouts until such lien or encumbrance is satisfied or discharged. We may set off any liability, damages, costs, or expenses that We incur arising from or relating to Your breach of this Agreement against any money that We owe to You hereunder. We may also adjust or deduct the monies transferred to Your account for any reason, at any time, without advance warning or notice, including retroactively. The most common reasons for transfer adjustments include customer refunds, fraud, conduct violations, third party liens, garnishments, and technical errors.

  1. Taxes: You shall be responsible for payment of all taxes associated with Your Content, and We will not be responsible for any federal income tax withholding, unemployment contribution, workers compensation, Medicare / Medicaid, or any employment-related benefits. If requested, You will provide Us with a Social Security Number or Taxpayer Identification Number, so that an IRS form 1099 may be issued where required by law. Failure to provide such information to Us may result in rejection of your account application or termination of this Agreement.

  1. Zero Tolerance Policies

  1. Child Exploitation: WE HAVE A ZERO TOLERANCE POLICY FOR CHILD PORNOGRAPHY AND A ZERO TOLERANCE POLICY REGARDING PEDOPHILES OR ANY PEDOPHILIC ACTIVITY. You understand that all depictions of all persons on this Site and in all Materials produced or published by Us are of persons over the age of eighteen (18) as of the date of the production of the depiction. We take great measures to ensure that no underage individuals are depicted in any of Our Materials. If You seek any form of child pornography, also known as Child Sexual Abuse Materials (“CSAM”), including so-called “virtual” child pornography, You must exit this Site and cease using Our Services immediately. We do not provide this kind of material and We do not tolerate those who provide this kind of material, nor do We tolerate consumers of this kind of material. In order to further Our zero-tolerance policy, You agree that You will report any images, real or simulated, that appear to depict minors on Our Site. If You see any images or other depictions that are questionable, You agree to report these images by emailing Us via webmaster@nubiles.net . Include with Your report any appropriate evidence, including the date and time of identification. All reports will immediately be investigated and the appropriate action will be taken. We enthusiastically cooperate with any law-enforcement agency investigating CSAM, and comply with Title 18 U.S.C. 2258A relating to the mandatory reporting of actual CSAM of which We become aware.

  1. Sex Trafficking or Prostitution: The solicitation, promotion, and facilitation of prostitution and sex trafficking are strictly prohibited. If You engage in such activity, whether on the Site or by posting links to external websites that solicit, promote, or facilitate prostitution or sex trafficking, We may delete Your account without refund and take other appropriate action.

  1. Acceptable Use Policy

  1. Prohibited Uses for All Users

You agree that You will only use the Site for purposes expressly permitted and contemplated by this Agreement. You may not use the Site for any other purposes without Our express prior written consent. Without Our express prior written authorization, You will not:

Engaging in any Prohibited Use will be considered a breach of this Agreement and may result in immediate suspension or termination of the user’s account and access to the Site or the platform without notice, in Our sole discretion. We may pursue any legal remedies or other appropriate actions against You if You engage in any of the above Prohibited Uses or otherwise violate this Agreement or any international, foreign, or domestic laws, including civil, criminal, or injunctive relief, forfeiture of revenue, and cancellation of Your account.

  1. Additional Prohibited Uses for Models

If You are a Model, You will not, without Our express prior written authorization:

If You are a Model and violate these additional Prohibited Uses for Models or any other provision of this Agreement, We may delete Your account without payment or permanently ban You from the Site.

  1. Reporting User-Generated Your Content and User Activities

If You are aware of any user-generated content on the Site or any user engaging in activities that violate this Agreement, please access Our Report Abuse form and provide as much detail as possible, including a description of the objectionable user-generated content or the location where We may find them, the username of the individual engaging in suspicious activities, the date and time of identification, the reason We should remove the objectionable user-generated content or investigate the activities, and a statement certifying the accuracy of the information You provided to us. If You are a Model, You must report all violative user-generated content and suspicious activity to us. We may consider You complicit in any fraud to which You were knowledgeable of suspicious activity but failed to report it.

  1. Law Enforcement

We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing Us to disclose the identity or location of any user in breach of this Agreement, in accordance with Our privacy policies, law enforcement policies, and applicable law or regulation. If We receive a subpoena, discovery request, production order, search warrant, or court order in response to Your activities which causes Us to incur legal expenses, costs, or fees for compliance, You agree to reimburse Us for any such legal expenses, costs, and fees upon Our request.

  1. Disclaimer

You expressly agree that use of the Site and Services, or any of the Materials contained therein is at Your own and sole risk. You also understand and agree that Your use of the Site, Services, and Materials is done at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer system or loss of data that results from such use. The Site, Services, and Materials are provided “as is” without warranty of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We make no representations or warranties that the Site, Services, or Materials will be uninterrupted, timely, secure, or error free; nor do We make any representations or warranties as to the quality, suitability, truth, usefulness, accuracy, or completeness of the Site, Services, or Materials. You understand that We cannot and do not guarantee or warrant that the Materials will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for Your use of the Materials. We make no warranty regarding any goods or services purchased or obtained through the Site and/or Services or any transaction entered into through the Site and/or Services, and We are not responsible for any use of confidential or private information by sellers or third parties. The warranties and representations set forth in this Agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person.

  1. Indemnification

You agree to defend, indemnify, and hold harmless Company, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your or Your agent’s use, misuse, or inability to use the Site, Services, or Materials or breach of this Agreement. You agree to defend and indemnify Us should any third party be harmed by Your or Your agent’s illegal actions or should We be obligated to defend any claims including, without limitation, any criminal action brought by any party. Our Site, Services, and Materials may be offensive indecent, problematic, or otherwise objectionable to You or third parties. You agree to indemnify and hold Us harmless from any liability that may arise from someone viewing such material and You agree to immediately cease review of the Site and use of the Services should You find them offensive. We shall promptly notify You by electronic mail of any such claim or suit, and to cooperate fully (at Your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at Our own expense, and choose Our own legal counsel, but are not obligated to do so.

  1. Limitation of Liability

In no event shall We (or Our licensors, agents, suppliers, resellers, service providers, or any other subscribers or suppliers) be liable to You, or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including without limitation, damages for loss of profits, loss of information, business interruption, revenue, or goodwill, which may arise from any person’s use, misuse, or inability to use the Site, Services, or any of the materials contained therein, even if We have been advised of the probability of such damages. This is for any matter arising out of or relating to this Agreement, whether such liability is asserted on the basis of contract, tort or otherwise, even if We have been advised of the possibility of such damages.

  1. Released Claims

You hereby discharge, acquit, and otherwise release Company, its parent company, its agents, employees, officers, directors, shareholders, attorneys, and affiliates, from any and all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of the Site, Services, or Materials including, but not limited to claims relating to the following: accomplice liability, conspiracy, aiding and abetting, sexual harassment, negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, intellectual property, misrepresentation, any financial loss not due to the fault of the Site, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of the Site, unavailability of the Site, its functions and/or services and any other technical failure that may result in inaccessibility to the Site, or any claim based on vicarious liability for torts committed by individuals met on or through the Site and Services, including but not limited to fraud, theft or misuse of personal information, assault, battery, stalking, rape, theft, cheating, perjury, manslaughter, or murder. The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by You. This release is intended by the parties to be interpreted broadly in favor of Us, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.

  1. Links

Some websites which are linked to or from the Site are owned and operated by third parties. Because We have no control over such websites and resources, You acknowledge and agree that We are not responsible or liable for the availability of such external websites or resources, and do not screen or endorse them, and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites or resources. You further acknowledge and agree that We shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods, or services available on or through any such website or resource. If You decide to access any such third-party website, You do so entirely at Your own risk and subject to any terms and conditions and privacy policies posted therein. You further acknowledge that use of any website controlled, owned, or operated by third parties is governed by the terms and conditions of use for those websites, and not by this Agreement or our other website policies which are incorporated into this Agreement by reference. Links to external websites or inclusions of advertisements do not necessarily constitute an endorsement by Us of such websites or the content, products, advertising, or other materials presented on such Site, but are for Your convenience. You hereby agree to hold Us harmless from any and all damages and liability that may result from Your use of links that may appear on the Site or via the Services. We reserve the right to terminate any link or linking program at any time.

  1. Intellectual Property

  1. Trademarks: NUBILE FILMS, NUBILES.NET, the N (logo), ANILOS, and the A (logo) are Our registered trademarks. We aggressively defend Our intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners and cannot be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks. None of the marks, logos, domains, and trademarks that You find on the Site and Services may not be used publicly except with express written permission from Us and cannot be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Us.

  1. Copyrights: Except for Your Content and the Content of other Users, the Materials are our exclusive property. The Materials accessible from the Site, Services, and any other website owned, operated, licensed, or controlled by Us are Our proprietary information and valuable intellectual property and We retain all right, title, and interest in the Materials. The Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without Our prior written consent, except that You may print out a copy of the Materials solely for Your personal use. In doing so, You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Materials except as expressly provided in this Agreement violates Our intellectual property rights. Neither title nor intellectual property rights are transferred to You by access to the Site and Services.

  1. Notification of Copyright Infringement: We respect the intellectual property rights of all parties and comply with the Digital Millennium Copyright Act (“DMCA”). We do not permit copyright infringing activities or infringement of other intellectual property rights on the Site, and We will remove all user-generated content if properly notified that the user-generated content infringes on a third party’s copyrights. We have adopted a policy regarding termination of repeat copyright infringers in compliance with the DMCA, and We reserve the right to terminate a User’s access to the Site, in accordance with Our DMCA Policy or Repeat Infringer Policy. Copies of Our Repeat Infringer Policy are available to Members and Models upon request. Information regarding submission of a notice of infringement under Our DMCA Policy .

  1. Disputes

  1. Governing Law. This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed by the laws of the state of Florida, excluding its conflict of law provisions. The sum of this paragraph is that any and all litigation permitted under this Agreement must be, without exception, initiated in Orange County, Florida. All parties to this Agreement agree that all litigation permitted under this Agreement shall be tried and/or litigated exclusively in the state and federal courts located in Orange County, Florida. The parties agree to exclusive jurisdiction and venue in, and only in, Orange County, Florida. The parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, this Agreement in a jurisdiction other than that specified in this paragraph. All parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any litigation permitted under this Agreement All parties stipulate that the state and federal courts located in Orange County, Florida shall have personal jurisdiction over them for the purpose of any litigation permitted under this Agreement that is not otherwise subject to the arbitration provisions, infra. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it, as contemplated by this paragraph by registered or certified mail, Federal Express, proof of delivery or return receipt requested, to the party’s address for the giving of notices as set forth in this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law if such enforcement becomes necessary.

  1. Right to Injunctive Relief. Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that in any litigation permitted under this Agreement, an aggrieved party shall therefore be entitled to seek injunctive relief, in addition to seeking all other remedies available at law or in equity.

  1. Arbitration: If there is a dispute between the parties arising out of or otherwise relating to this Agreement, the parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party must submit the issue to binding, confidential arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims by Us under applicable worker’s compensation law, unemployment insurance claims, intellectual property claims, actions for injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be conducted in Orange County, Florida and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator shall be willing to execute an oath of neutrality. The Arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of this Agreement; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS. There shall be no waiver of the right to arbitration unless such waiver is provided affirmatively and in writing by the waiving party to the other party. There shall be no implied waiver of this right to arbitration. No acts, including the filing of litigation, shall be construed as a waiver or a repudiation of the right to arbitrate. Any arbitration tribunal shall consider the First Amendment to the United States Constitution to be in force and effect between the parties. Both parties stipulate to the applicability of the First Amendment’s protection of free speech, expression, and association, and both parties stipulate that case law interpreting the First Amendment shall be admissible and considered to be binding authority upon the Arbitrator.

  1. General Provisions

  1. No Agency Relationship: Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.

  1. Notice: Any notice required to be given by Us under this Agreement may be provided by email to a functioning email address of the party to be noticed, by a general posting on the Site, or personal delivery by commercial carrier such as Federal Express. Notices by customers to Us shall be given by electronic messages unless otherwise specified in the Agreement. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of the Agreement. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier (e.g., United States Express Mail or Federal Express) shall be deemed delivered on the business day following mailing. Notices mailed by United States Mail, postage prepaid, registered or certified with return receipt requested, shall be deemed delivered five (5) days after mailing. Notices delivered by any other method shall be deemed given upon receipt. Notices by email and facsimile transmission, with confirmation from the transmitting machine that the transmission was completed, are acceptable under this Agreement provided that they are delivered one (1) hour after transmission if sent during the recipient's business hours, or 9:00 a.m. (recipient's time) the next business day. Either party may, by giving the other Party appropriate written notice, change the designated address, fax number and/or recipient for any notice or courtesy copy, hereunder. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, facsimile machine, email server, or overnight delivery service.

  1. Communications Are NOT Private: We do not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to Us shall be deemed to be readily accessible to the general public. Visitors should not use this Site or Services to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. You understand and accept that no communications done on the Site between You and other Members is private. Notice is hereby given that all messages and other content entered into this Site or Services can and may be read by the agents and operators of the Site or Services, regardless of whether they are the intended recipients of such messages. You hereby specifically release Us and all other Members from any liability for invasion of privacy, defamation, publicity, false light, and related torts, in the event that Your communications or profile are made public. Nothing contained in this section is intended to limit the scope of releases and/or indemnification contained elsewhere in this Agreement.

  1. Fraud and Scam Warning: The Site has no way of determining the validity of any communication that is transmitted via the Site or Services, or the validity of the person behind such communications. You expressly understand and agree that if any other Member that You are in communication with as a result of Your activities on the Site requests money from You for travel assistance, medical assistance, subsistence or for any other reason, it is almost certainly a scam or a fraudulent scheme and You are at a very high risk of being defrauded.

  1. FORCE MAJEURE: We shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; pandemics or epidemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the Site’s or Services’ performance.

  1. Section 230 Notice: You represent and warrant that You will not allow any minor access to this Site or Services. Users should implement parental control protections, such as computer hardware, software, or filtering services, which may help Users to limit minors’ access to harmful material. You acknowledge that if Your computer or mobile device can be accessed by a minor, that You will take all precautions to keep Our Materials from being viewed by minors. You additionally acknowledge that if You are a parent, it is Your responsibility, and not Ours, to keep any age-restricted content from being displayed to Your children or wards. You acknowledge Your responsibility to prevent minors under Your care from accessing harmful or inappropriate material. You agree not to allow minors to view any such content, and You agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help Users limit minors' access to harmful or inappropriate material. Please note that We make no representation or warranty regarding any of the products or services referenced on such sites, and We recommend that You conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing Our Site or the content received via Our Services if Your computer or mobile device can be accessed by a minor. Finally, You agree that if You are a parent or guardian of a minor child, it is Your responsibility, not Ours, to keep any age-restricted content on Our Site or Services from being displayed or accessed by Your children or wards. Pursuant to the Communications Decency Act (“CDA”), 47 U.S.C. § 230(c)(1), and court decisions interpreting the scope of the CDA, You acknowledge and understand that We operate as the provider of an interactive computer service. Thus, We are immune from, and cannot be held responsible for, claims arising from the publication or transmission of Your content as well as the content of other Users and third parties. We do not create such content, and We are not responsible for the publication of remarks or communications of third parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of material that might be considered defamatory, or violative of privacy or publicity rights. Note, that federal law allows Us to remove or block any content found to be offensive, defamatory, obscene or otherwise violative of Our policies, without impacting Our status as the provider of an interactive computer service. Nothing contained in this Agreement is intended to limit or alter the immunity from claims provided by Section 230 of the Communications Decency Act, and no third parties are intended to benefit from this Agreement between You and Us.

  1. Service Interruption: From time to time due to technological factors, scheduled software uploads and other factors beyond Our control, service may be temporarily interrupted. From time to time certain features of the Site, such as the Site’s email system, may not be available for use due to technological and other factors. From time to time, access to the Site and the ability to log into the Site may not be available due to technological and other factors. You agree to hold Us harmless against any such interruption of service.

  1. Agreement to Receive Notifications and Other Communications: You authorize us to email you notices, advertisements, and other communications, including emails, advertisements, and notices. You understand and agree that such communications may contain adult content and language which is not suitable for minors. This authorization will continue until you request us to remove you from our email list. You understand and agree that even unsolicited email correspondence from us, or our affiliates, is not spam as that term is defined under the law.

  1. Assignment: The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.

  1. Severability: If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.

  1. California Residents: The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted here .

  1. No Waiver. No waiver or action made by Us shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.

  1. Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.

  1. Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Site, Services and the Materials contained therein, and Your use of the Site and Services, and supersede and replace all prior understandings or agreements, written or oral, regarding such subject matter.

  1. Export Control: You understand and acknowledge that the software elements of the Materials on the Site may be subject to regulation by agencies of the United States Government, including the United States Department of Commerce, which prohibits export or diversion of software and other goods to certain countries and third parties. Diversion of such Materials contrary to United States’ or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that You will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that You will abide by such laws and regulations. You agree that none of the Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.

  1. Other Jurisdictions: We make no representation that the Site, Services or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Site and Services from such locations do on their own initiative and are solely responsible for determining compliance with all applicable local laws.

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