NF
PicSpot TOS Agreement
Before you use this site, please read these Terms of Service carefully
as they govern your use of the services provided at NFPicSpot.com
(the "Services"). By using the Services you agree to the
Terms of Service set forth below as they may be updated from time
to time by NFPicSpot.com. NFPicSpot.com may modify or terminate the
Services from time to time, for any reason, and without notice, including
the right to terminate with or without notice.
Purpose
and Description of Services.
NFPicSpot.com
provides disk space for hosting and storing images associated with
Nightflirt listings only. Any additions or modifications to the
Services, shall be in the sole discretion of NFPicSpot.com and will
be subject to these Terms of Service. You are solely responsible
for any fees, charges and expenses incurred by you in accessing
and using the Services. NFPicSpot.com uses reasonable efforts to
ensure that the Services are available on a 24/7 basis. However,
there will be occasions when the Service will be interrupted for
maintenance, upgrades and emergency repairs or due to failure of
telecommunications links and equipment that are beyond the control
of NFPicSpot.com. By using the Services you agree that NFPicSpot.com
shall not be liable to you for any modification, suspension or discontinuance
of the Services.
Restrictions
on the use of the Services.
By
using the Services you agree that you will not:
Use
the Services for any other purpose other than storing images for
use on Nightflirt.com, Keen.com , and Ingenio.com websites only;
Upload,
email or otherwise transmit any images that are unlawful, obscene,
harmful, threatening, defamatory, hateful, invade the privacy of
any third party,contain child erotica, or are otherwise objectionable.
NFPicSpot.com does not control the content of users' accounts and
does not have any obligation to monitor such content for any purpose.
You acknowledge that you are solely responsible for all content
and material you provide to the Service;
Upload,
email or otherwise transmit any content that you do not have the
lawful right to transmit (including any content that would violate
any confidentiality or fiduciary obligations that you might have
with respect to the content) or any content that infringes the intellectual
or proprietary rights of any third party (including, but not limited
to, copyright, trademark, service mark or patent rights) including
but not limited to derivative works of such content, defacement
of such content, or content that would violate the right of privacy
or publicity of any public or non-public persons;
Upload,
e-mail or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software;
upload, post, e-mail or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam,"
"chain letters," pyramid schemes," or any other form
of solicitation;
Upload,
email or otherwise transmit any material that includes code hidden
or otherwise contained within the images of other content unrelated
to the image, such as .mp3, .wav, or other music files hidden within
the file structure of the image;
Interfere
with or disrupt (or attempt to interfere with or disrupt) the site
or servers or networks connected to the site, or disobey any requirements,
procedures, policies or regulations of networks connected to the
site; and
NFPicSpot.com
reserves the right at all times to terminate your account, and delete
any and all information, communications, postings and image files
at, in whole or in part, that in NFPicSpot.com sole discretion for
any reason including, but not limited to, violations of these Terms
of Service. In addition, NFPicSpot.com reserves the right at all
times to disclose any information posted by you or any other user
as necessary to satisfy any law, regulation or governmental request,
in its sole discretion.
Age
Requirements and Limitations on Use of Services.
Users
of the Services must be at least 18 years of age.
Speakers
under the age of 18 are not permitted to use the Service.
Users
are limited to one account per NF character. Users are limited to
the file size, bandwidth and storage limitations related to their
account level of 50MB of disk space. NFPicSpot.com reserves the
right to disable direct linking on user accounts that are using
excessive bandwidth or otherwise abusing the system. NFPicSpot.com
has the right to change these limitations without notice to the
user. Your account will also be protected by a password. You are
solely responsible for the dissemination of your password and other
security information relating to your account, and are fully responsible
for all activities that occur under your password or account. Please
notify NFPicSpot.com immediately in the event that you believe your
password is no longer secure.
Trademarks
and Copyrights. All trademarks, brands and service marks used in
conjunction with the Services by NFPicSpot.com shall be the property
of NFPicSpot.com. NFPicSpot.com shall be the owner of all copyright
and database rights in the Services. You may not publish, distribute,
extract or reproduce any such content in any material form except
as it relates to the personal use of the site for the storage of
your images at NFPicSpot.com. This license does not apply to any
third party images stored at NFPicSpot.com. Permission for use of
such content must be obtained from the copyright owner. NFPicSpot.com
claims no ownership interest in the images posted by you at NFPicSpot.com.
Copyright
Infringement. NFPicSpot.com respects the intellectual property rights
of others. However, you agree that NFPicSpot.com is not responsible
for any violations of any intellectual property rights in any images
or content posted to NFPicSpot.com. You understand that by using
these Services that your images will be publicly available to others
and that NFPicSpot.com has no obligation to prevent the unauthorized
copying, dissemination, alternation or other use of your images.
If you believe that your intellectual property rights have been
infringed by another party please contact NFPicSpot.com at: info@nfpicspot.com Please provide:
an
electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright or other intellectual property
interest;
a description
of the copyrighted work or other intellectual property that you
claim has been infringed;
a description
of where the material that you claim is infringing is located on
the site;
your
address, telephone number, and email address;
a 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
provided by you is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual
property owner's behalf.
Upon
receiving your complaint, NFPicSpot.com may, in its sole discretion,
remove content that you believe infringes your copyright. In addition,
NFPicSpot.com may terminate the account of the user who appears
to be infringing your intellectual property rights.
Disclaimer
of Warranty and Limitations of Liability. NFPicSpot.com expressly
disclaims any responsibility or liability for the use of the Services
by you. NFPicSpot.com also disclaims any and all responsibility
or liability for:
the
accuracy, content, completeness, legality, reliability, operability,
or availability of information or material in this site.
the
deletion, failure to store, misdelivery, or untimely delivery of
any information or material.
any
harm resulting from downloading, or accessing any information or
material through the site.
THIS
SITE AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS"
WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY
DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, AND NFPicSpot.COM
DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS,
AND PERFORMANCE OF THE SERVICES. NFPicSpot.COM DISCLAIMS ANY WARRANTIES
OR LIABILITY FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED
ON THIS SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE,
AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE
OR THROUGH ANY LINKS PROVIDED IN THE SITE.
YOU,
THE USER, UNDERSTAND AND AGREE THAT ANY MATERIAL UPLOADED OR OTHERWISE
OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD
OR UPLOAD OF SUCH MATERIAL.
UNDER
NO CIRCUMSTANCES SHALL NFPicSpot.COM BE LIABLE TO YOU OR ANY USER
ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SITE
OR SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT
RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF NFPicSpot.COM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF
LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE
OF AND RELIANCE ON THE SITE OR SERVICES, FROM INABILITY TO USE THE
SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE
SITE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS
PROVIDED ON THIS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED
THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. FOREGOING
DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Indemnification.
You agree to defend, indemnify, and hold harmless NFPicSpot.com
and other affiliated companies, and their employees, officers, directors,
contractors, agents, licensors and suppliers, from all liabilities,
losses, damages, claims, costs and expenses, including reasonable
attorney's fees, that arise from (i) use or misuse of the Services
or any person to whom you have granted access to the Services, (ii)
your violation of any of these Terms of Service, or (iii) any other
activity related to your account (including negligent or wrongful
conduct). NFPicSpot.com reserves the right, at it own expense, to
assume the exclusive defense and control of any matter otherwise
subject to defense by you, in which event you will cooperate with
NFPicSpot.com and its counsel in the conduct of such defense.
Entire
Agreement. These Terms of Service constitute the entire agreement
between you, the user, and NFPicSpot.com with respect to the subject
matter contained herein and supersedes any other agreement, proposals
and communications, written or oral, between NFPicSpot.com and you
with respect to the subject matter hereof, except that any other
terms and conditions located on any individual site associated with
NFPicSpot.com are incorporated herein by this reference to the extent
they do not conflict with these Terms of Service. If a court should
find that one or more rights or provisions contained in these Terms
of Service are invalid, you agree that the remainder of the Terms
of Service shall be enforceable.
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