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Welcome to NudeCards , a service of Global Alphabet You must read and agree to these terms and conditions before you may access or view our sites. Please read them carefully. By visiting the NudeCards website, you are agreeing to its terms. This Agreement is subject to change at any time, and changes are effective upon posting. Bookmark this page and check it frequently as it is up to you to refer to this page for any amendments/changes to the original Agreement.
You must be eighteen or over to register as a member of or use this site.
Membership in the service is void where prohibited. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions and that you are at least 18-years old (21-years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority).
NudeCards 's and Global Alphabet's, usage and/or
subscription fees were provided to you upon registration and may change from time to time upon electronic notice to you. Global Alphabet reserves the right to terminate your access to the site for any reason or no reason. Global Alphabet may terminate your membership upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to us. If Global Alphabet terminates your membership in the NudeCards service because you have breached this Agreement, you will not be entitled to any refund of any unused subscription fees. Even after this Agreement is terminated, certain provisions will remain in effect including sections 1, 3, 14, inclusive, of this Agreement.
3. Non-Commercial Use by Members/Viewers:
The NudeCards site is for the personal use of individual
members and viewers only and may not be used in connection with any
commercial endeavors. Organizations, companies, and/or businesses may not
become members of NudeCards and should not use the NudeCards
service or site for any purpose. Illegal and/or unauthorized uses of the
site, including unauthorized framing of or linking to the site or the
sending of unsolicited bulk commercial e-mail will be investigated, and
appropriate legal action will be taken, including without limitation, civil,
criminal, and injunctive redress. In order to prevent the sending of unsolicited email to its members, Global Alphabet may take reasonable steps, including the limiting of the numbers of emails sent by a member.
4. Proprietary Rights of Content on NudeCards :
Global Alphabet owns and retains other proprietary rights in the NudeCards
site and the NudeCards service. The site contains the
copyrighted material, trademarks, and other proprietary information of
Global Alphabet, and its licensors. Except for that information which
is in the public domain or for which you have been given permission, you
may not copy, modify, publish, transmit, distribute, perform, display,
or sell any such proprietary information.
5. Content Posted on the Site/CDA:
A) Global Alphabet claims immunity from liability to the fullest
extent under the law and as provided under the Communications Decency
Act for Content provided by third parties and members and nothing in
this agreement is intended to waive, remove, or usurp such immunity.
You understand and agree that Global Alphabet may delete any content,
messages, photos or profiles (collectively, "Content") that in the sole
offensive, illegal, or that might violate the rights, harm, or threaten
the safety of Global Alphabet and/or its members.
B) You are solely responsible for the content that you publish or display
(hereinafter, "post") on the NudeCards , or transmit to other
Global Alphabet members.
C) By posting content to any public area of NudeCards , you
automatically grant, and you represent and warrant that you have the right
to grant, to Global Alphabet 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, and to grant and authorize sublicenses of the
foregoing. As a visitor to NudeCards if you provide Global Alphabet with your e-mail address via a registration process or post it on
NudeCards you thereby authorize Global Alphabet and
its affiliates and any entities that Global Alphabet becomes involved
with or merges with, the right to use and/or sell your valid email
address for any marketing programs or communications with you.
D) The following is a partial list of the kind of content that is illegal
or prohibited on the site. Global Alphabet will investigate and take
appropriate legal action in its sole discretion against anyone who violates
this provision, including without limitation, removing the offending
communication from the service and terminating the membership of such
violators. It includes content that: is patently offensive to the online
community, such as content that promotes racism, bigotry, hatred or
physical harm of any kind against any group or individual; harasses or
advocates harassment of another person or invades their privacy; involves
the transmission of "junk mail", "chain letters," or unsolicited mass
mailing or "spamming"; promotes information that you know is false,
misleading or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous; promotes an illegal or
unauthorized copy of another person's copyrighted work, such as
providing pirated computer programs or links to them, providing information
to circumvent manufacture-installed copy-protect devices, or providing
pirated music or links to pirated music files; contains restricted or
password only access pages, or hidden pages or images (those not linked to
or from another accessible page); displays pornographic or sexually explicit
material of any kind; provides material that exploits people under the age
of 18 in a sexual or violent manner, or solicits personal information from
anyone under 18; provides instructional information about illegal activities
such as making or buying illegal weapons, violating someone's privacy, or
providing or creating computer viruses; solicits passwords or personal
identifying information for commercial or unlawful purposes from other
users; and engages in commercial activities and/or sales without our
prior written consent such as contests, sweepstakes, barter, advertising,
and pyramid schemes.
E) You must use the NudeCards service in a manner consistent
with any and all applicable laws and regulations.
F) You agree that you will not use any robot, spider, other automatic device,
or manual process to monitor or copy our web pages or the content contained
herein without our prior expressed written permission. You agree that you
will not use any device, software or routine to bypass or to interfere or
attempt to interfere with the proper working of the NudeCards
site. You agree that you will not take any action that imposes an
unreasonable or disproportionately large load on our infrastructure.
Much of the information on our site is updated on a real time basis and
is proprietary or is licensed to Global Alphabet by our users or
G) You may not engage in advertising to, or solicitation of, other
members to buy or sell any products or services through the service.
You will not transmit any chain letters or junk email to other
NudeCards members. Although Global Alphabet cannot
monitor the conduct of its members off the NudeCards
site, it is also a violation of these rules to use any information
obtained from the service in order to harass, abuse, or harm another person,
or in order to contact, advertise to, solicit, or sell to any member without
their prior explicit consent.
6. Copyright Policy/DMCA Notice:
You may not post, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without obtaining
the prior written consent of the owner of such proprietary rights or
otherwise have a valid basis under the law, including "fair use".
Without limiting the foregoing, if you believe that your work has been
copied and posted on the NudeCards service in a way that
constitutes copyright infringement, please provide our Copyright Agent
with the following information consistent with the Digital Millennium
Copyright Act (DMCA): an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is
located on the our site including the URLs of web pages and/or hyperlinks;
your address, telephone number, and email address; a written statement
by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; a statement by
you, made under penalty of perjury, that the above information in your
Notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf. Global Alphabet's Copyright Agent
for Notice of claims of copyright infringement can be reached as follows:
General Counsel, Global Alphabet,
445 Sherman Avenue, Suite C,
Palo Alto, CA 94306
It is the intention of Global Alphabet to fully comply with the DMCA,
including the Notice and "take down" provisions and to benefit from the
safe harbors immunizing it from liability to the fullest extent provided
by law, and to the extent the Notice and "take down" requirements above
deviate from the requirements under the DMCA then the Notice requirements
as provided by the DMCA shall control and are herein incorporated by reference.
7. Member Disputes:
Global Alphabet does not control the information provided by other users
that are made available through our system. You may find other user's
information to be offensive, harmful, inaccurate, or deceptive. Please
use caution, common sense, and safety when using our site. You are solely
responsible for your interactions with other NudeCards members.
Because it is not involved in member interactions, in the event that you
have a dispute with one or more members or those who have posted, viewed,
or used information on the NudeCards site, you release
Global Alphabet, including its officers, directors, agents, subsidiaries
and employees, from claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected with such
disputes. If you are a California resident, you waive California Civil
Code § 1542, which says: "A general release does not extend to claims
which the creditor does not know or suspect to exist in his favor at
the time of executing the release, which if known by him must have
materially affected his settlement with the debtor." Global Alphabet
reserves the right, but has no obligation, to monitor disputes between
you and other members.
Use of the NudeCards site and/or its service is governed by
notice to you.
Global Alphabet, including its officers, directors, agents, subsidiaries
and employees is not responsible for any incorrect or inaccurate content
posted on the site or in connection with the NudeCards service,
whether caused by users, members or by any of the equipment or programming
associated with or utilized in the service, nor for the conduct of any user
and/or member of the NudeCards service whether online or
offline. Global Alphabet assumes no responsibility for any error,
omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access
to, or alteration of, user and/or member communications. Global Alphabet is not responsible for any problems or technical malfunction of any
telephone network or lines, computer on-line-systems, servers or providers,
computer equipment, software, failure of email or players on account of
technical problems or traffic congestion on the Internet or at any website
or combination thereof, including injury or damage to users and/or
members or to any other person's computer related to or resulting from
participating or downloading materials in connection with the
NudeCards site and/or in connection with the
NudeCards service. Under no circumstances Global Alphabet,
be responsible for any loss or damage resulting from anyone's use of the
site or the service and/or any content posted on the NudeCards
site or transmitted to NudeCards members. The site and the
service are provided "AS-IS" and Global Alphabet expressly disclaims
any warranty of fitness for a particular purpose or non-infringement.
Global Alphabet cannot guarantee and does not promise any specific
results from use of the site and/or the NudeCards service.
10. Limitation on Liability:
Except in jurisdictions where such provisions are restricted (and in that
event liability is disclaimed to the fullest extent permitted by law), in
no event will Global Alphabet be liable to you or any third person for
any indirect, consequential, exemplary, incidental, special or punitive
damages, including also lost profits arising from your use of the site or
the NudeCards service, even Global Alphabet has been
advised of the possibility of such damages. Notwithstanding anything to
the contrary contained herein, Global Alphabet's liability to you for
any cause whatsoever, and regardless of the form of the action, will at
all times be limited to the amount paid, if any, by you to NudeCards
for the service during the term of membership.
11. U.S. Export Controls:
Software from this site is further subject to United States export controls.
No software from this site may be downloaded or otherwise exported or
re-exported (i) into (or to a national or resident of) Iraq, Libya,
North Korea, Iran, Syria, or any other country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list
of Specially Designated Nationals or the U.S. Commerce Department's Table
of Deny Orders. By downloading or using the Software, you represent and
warrant that you are not located in, under the control of, or a national
or resident of any such country or on any such list.
12. Arbitration of Disputes:
You agree to indemnify and hold Global Alphabet, its subsidiaries,
affiliates, officers, agents, and other partners and employees, harmless
from any loss, liability, claim, or demand, including reasonable attorney's
fees, made by any third party due to or arising out of your use of the
service in violation of this Agreement and/or arising from a breach of
set forth above.
Except as explicitly stated otherwise, any notices shall be given by
postal mail to:
General Counsel, Global Alphabet
445 Sherman Avenue, Suite C,
Palo Alto, CA 94306
or to the email address you provide to NudeCards
during the registration process. Notice shall be deemed
given 24 hours after email is sent, unless the sending party is notified
that the email address is invalid. Alternatively, Global Alphabet
may give you notice by certified mail, postage prepaid and return receipt
requested, to the address provided to NudeCards during the
registration process. In such case, notice shall be given 3 days after
the date of mailing. You agree that this Agreement and all incorporated
Agreements may be automatically assigned by Global Alphabet, in our
sole discretion, to a third party. Headings are for reference purposes
only and in no way define, limit, construe or describe the scope or
extent of such section. References to Global Alphabet shall include
its subsidiaries, affiliates, officers, agents, and other partners and
employees. Global Alphabet 's failure to act with respect to a breach
by you or others does not waive its right to act with respect to subsequent
or similar breaches. If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force and effect.
Global Alphabet is located at:
445 Sherman Avenue, Suite C, Palo Alto, CA 94306.
(Revised March 8,2002)