BY USING OUR WEBSITE(S) YOU AGREE TO THESE TE

I. Terms and Conditions for All

Acceptance of the Terms and conditions

By accessing, using or visiting Naked Factory sites and / or apps (“we”, “us”, “our”, or this “Website”), any of its Content, functionalities and services, you signify your agreement to these Terms and conditions including policies and related guidelines (for instance, Child Sexual Abuse Material Policy, and Non-Consensual Content Policy) (collectively the “Terms” or “Terms and conditions”), and our Privacy Notice and incorporated herein by reference.

You may terminate these Terms of Service at any time by deleting your account and refraining from further use of our services.

Introduction

Introduction: These Terms of Service apply to all Users and visitors and your use of the Naked Factory and its network of sites.

Interpretation: In the Terms of Service:

We refer to our websites as “Naked Factory” including when accessed via the URL https://nakedfactory.info  or any of the sites within the Naked Factory. These include but are not limited to https://nakedfactory.io, https://nakedfactory.app, https://nakedfactory.studio, https://nakedfactorystudios.com, https://nfspotlight.com, https://nakedfactoryspotlight.app, https://nakedfactoryspotlight.com  https://nakedfactory,shop, https://nfbroadcast.com , https://nakedfactory.online , https://nakedfactory.tv ,  https://nakedfactorytv.com, https://nakedfactorynetwork.com,  https://nakedfactory.academy https://nfcasting.com , https:// https://nakedfactoryacademy.com

References to “we”, “our”, “us” are references to The Naked Factory, LLC  the owner and operator of the Naked Factory. 

“User Content” means any material uploaded to by any User (whether Artist / Auteur / Author / Exhibitionist or Admirer / Audience / Aficionado / Voyeur), including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;

“Factory Content” means any material produced and provided by the Naked Factory including any photos, A-CTS, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever; such materials will be properly identifiable either through watermark or credits. 

“Artist / Auteur / Author / Exhibitionist” means a User who has a verified account to create and post various media on any of The Naked Factory LLC network of websites to be viewed by other Users; referred to as “Exhibitionist” from here on.

“Admirer / Audience / Aficionado / Voyeur” means a User who follows an Exhibitionist  and is able to view the Exhibitionist ‘s Content; referred to as “Voyeur” from here on.

“Exhibitionist and Voyeur Transaction” means any transaction between a Voyeur and an Exhibitionist by which access is granted to the Exhibitionist ‘s Content including in any of the following ways: (i) a Subscription, (ii) payments made by a Voyeur to view an Exhibitionist ‘s pay-per-view Content (pay-per-view media and pay-per-view live stream), and (iii) use by the Voyeur of the Voyeur interaction function on an Exhibitionist ‘s account;

“Voyeur Payment” means any and all payments made by a Voyeur to an Exhibitionist (i) in connection with an Voyeur / Exhibitionist  Transaction, or (ii) by way of a tip for an Exhibitionist ;

“Agreement between Voyeur and Exhibitionist ” means the terms which govern each Voyeur/Exhibitionist  Transaction, which can be found here;

“Subscription” means a Voyeur’s subscription to an Exhibitionist ‘s account (whether paid or unpaid, and whether for one month or as part of a bundle comprising a subscription for more than one month);

“Terms of Service” (also called “your agreement with us”) means the legally binding agreement between you and us which consists of: (i) these Terms of Use for all Users, (ii) Terms of Use for Voyeurs, (iii) Terms of Use for Exhibitionist , (iv) Privacy Policy, (v) Acceptable Use Policy, (vi) NFSpotlight Referral Program Terms, (vii) Complaints Policy, and (viii) Community Guidelines;

“User” means any user of The Naked Factory, LLC network of sites, whether a Exhibitionist or a Voyeur or both (also referred to as “you” or “your”).

Terms and Conditions for All Users

Who we are and how to contact us: The Naked Factory, LLC network of sites operated by The Naked Factory, LLC . To contact us with any questions about The Naked Factory, LLC network of sites, please email our support team at contact@nakedfactory.net  

How we may change the Terms of Service: We may change any part of the Terms of Service without telling you beforehand in the following circumstances: to reflect changes in laws and regulatory requirements which apply to The Naked Factory, LLC network of sites and the services, features and programs of The Naked Factory, LLC network of sites where such changes require The Naked Factory, LLC network of sites to change its terms and conditions in a manner which does not allow us to give reasonable notice to you; and to address an unforeseen and imminent danger related to defending Naked Factory Spotlight, Voyeurs or Exhibitionist  from fraud, malware, spam, data breaches or other cybersecurity risks.

We may also make other changes to any part of the Terms of Service, and we will give you reasonable notice of such changes by email or through Naked Factory Spotlight, and you may contact us to end your agreement with us before the changes take effect. Once any updated Terms of Service are in effect, you will be bound by them if you continue to use The Naked Factory, LLC network of sites

We may make changes to or suspend or withdraw The Naked Factory, LLC network of sites: We may update and change The Naked Factory, LLC network of sites from time to time for any reason, including to reflect changes to our services, Users’ needs and our business practices or to improve performance, enhance functionality or address security issues. We will try to give you reasonable notice of any major changes. We do not guarantee that Any of the Naked Factory sites, Apps , or any Content on it, will always be available or accessible without interruption. We may suspend or withdraw or restrict the availability of all or any part of The Naked Factory, LLC network of sites for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.

Registering with Naked Factory:

To use The Naked Factory, LLC network of sites you must first register and create a User account on any Naked Factory site.. You must provide a valid email address, a username, and a password. Your password should be unique (meaning that it is different to those you use for other websites) and must comply with the technical requirements of the The Naked Factory, LLC network of sites for the composition of passwords. To register as a User: you must be at least 18 years old, and you will be required to confirm this; if the laws of the country or State/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you must be old enough to be legally bound by a contract with us under the laws of the country or State/province where you live; and you must be permitted by the laws of the country or State/province where you are located to join The Naked Factory, LLC network of sites and to view any Content available on it and to use any functionality provided by it. You may be required to provide other verification records as we require. In order for you to post any user content whatsoever you must verify your identity and provide such other information or verification records as we require. And can be found here:  factory-compliance 

If you do not meet the above requirements, you must not access or use The Naked Factory, LLC network of sites.

 Your commitments to us: When you register with and use Naked Factory, Naked Factory Spotlight, or any of the Naked Factory Sites, you make the following commitments to us:

 If you previously had an account with The Naked Factory, LLC network of sites, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies.

You will make sure that all information which you submit to us is truthful, accurate and complete.

You will update promptly any of your information you have submitted to us as and when it changes.

You consent to receiving communications from us electronically, including by emails and messages posted to your The Naked Factory, LLC network of sites account, and to the processing of your personal data as more fully detailed in our Privacy Policy.

You will keep your account/login details confidential and secure, including your user details, passwords and any other piece of information that forms part of our security procedures, and you will not disclose these to anyone else. You will contact us promptly if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session, and to be particularly careful when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.

You are responsible for all activity on your account even if, contrary to the Terms of Service, someone else uses your account.

You will comply in full with these Terms of Use for all Users, our Acceptable Use Policy and all other parts of the Terms of Service which apply to your use of Naked Factory Spotlight.

Rights we have, including to suspend or terminate your account:

We can and may but we are not obligated to moderate or review any of your Content to verify compliance with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law.

It is our policy to suspend access to any User Content you post on The Naked Factory, LLC network of sites which we become aware may not comply with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law whilst we investigate the suspected non-compliance or unlawfulness of such Content. If we suspend access to any of your Content, you may request a review of our decision to suspend access to the relevant Content by contacting us at the contact page. Following our investigation of the suspected non-compliance or unlawfulness of the relevant Content, we may take any action we consider appropriate, including to reinstate access to the Content or to permanently remove or disable access to the relevant Content without needing to obtain any consent from you and without giving you prior notice. You agree that you will at your own cost promptly provide to us all reasonable assistance (including by providing us with copies of any information which we request) in our investigation. We will not be responsible for any loss suffered by you arising from the suspension of access to your User Content or any other steps which -we take in good faith to investigate any suspected non-compliance or unlawfulness of your Content under this section.

If we suspend access to or delete any of your Content, we will notify you via email or electronic message to your The Naked Factory, LLC network of sites account, but we are not obligated to give you prior notice of such removal or suspension.

We reserve the right in our sole discretion to terminate your agreement with us and your access to The Naked Factory, LLC network of sites for any reason by giving you 30 days’ notice by email or electronic message to your The Naked Factory, LLC network of sites account. We can also suspend access to your User account or terminate your agreement with us and your access to The Naked Factory, LLC network of sites immediately and without prior notice:

if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service (including in particular our Acceptable Use Policy), or if you attempt or threaten to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User; or if you take any action that in our opinion has caused or is reasonably likely to cause us to suffer a loss or that otherwise harms the reputation of The Naked Factory, LLC network of sites.

If we suspend access to your User account or terminate your agreement with us and your access to The Naked Factory, LLC network of sites we will let you know. During any period when access to your User account is suspended, any Voyeur Payments which would otherwise have fallen due during the period of suspension will be suspended, and we may withhold all or any part of the Exhibitionist  Earnings due to you but not yet paid out in accordance with section 13 of the Terms of Use for Exhibitionist .

Upon termination of your account, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on The Naked Factory, LLC network of sites for you to be able to access your Content following termination of your account.

We can investigate any suspected or alleged misuse, abuse, or unlawful use of The Naked Factory, LLC network of sites and cooperate with law enforcement agencies in such investigation.

We can disclose any information or records in our possession or control about your use of The Naked Factory, LLC network of sites to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, to protect our rights or legal interests, or in response to legal process.

We can change the third-party payment providers used to process payments on The Naked Factory, LLC network of sites and if we do so, we will notify you and store applicable details on your The Naked Factory, LLC network of sites account.

Other than User Content (which is owned by or licensed to Exhibitionist ), all rights in and to The Naked Factory, LLC network of sites and its entire contents, features, databases, source code and functionality, are owned by us and/or our licensors. Such material is protected by copyright, and may be protected by trademark, trade secret, and other intellectual property laws.

We are the sole and exclusive owners of any and all anonymised data relating to your use of The Naked Factory, LLC network of sites and such anonymised data can be used by us for any purpose, including for commercial, development and research purposes.

What we are not responsible for:

We will use reasonable care and skill in providing The Naked Factory, LLC network of sites to you, but there are certain things which we are not responsible for, as follows:

We do not authorize or approve User Content on The Naked Factory, LLC network of sites, and views expressed by Exhibitionist or Voyeurs on The Naked Factory, LLC network of sites do not necessarily represent our views.

We do not grant you any rights in relation to User Content. Any such rights may only be granted to you by Exhibitionist .

Your Content may be viewed by individuals that recognise your identity. We will not in any way be responsible to you if you are identified from your Content. While we may, from time to time and in our sole discretion, offer certain geofencing or geolocation technology on The Naked Factory, LLC network of sites, you understand and agree that we do not guarantee the accuracy or effectiveness of such technology, and you will have no claim against us arising from your use of or reliance upon any geofencing or geolocation technology on The Naked Factory, LLC network of sites.

All User Content on Naked Factory Spotlight, Naked Factory Broadcast and Naked Factory Online is created, selected, and provided by Users and not by us. We are not responsible for reviewing or moderating User Content, and we do not select or modify the User Content that is stored or transmitted via The Naked Factory, LLC network of sites. We are under no obligation to monitor User Content or to detect breaches of the Terms of Service (including the Acceptable Use Policy).

You agree that you have no obligation to follow any suggestions, comments, reviews, or instructions received from another User of The Naked Factory, LLC network of sites and that if you choose to do so, you do so entirely at your own risk.

We make no promises or guarantees of any kind that Exhibitionist  or Referring Users will make a particular sum of money (or any money) from their use of The Naked Factory, LLC network of sites.

The materials which we make accessible on The Naked Factory, LLC network of sites for Users are for general information only. We make no promises or guarantees about the accuracy or otherwise of such materials, or that Users will achieve any particular result or outcome from using such materials.

We do not promise that The Naked Factory, LLC network of sites is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access The Naked Factory, LLC network of sites. You should use your own virus protection software.

We are not responsible for the availability of the internet, or any errors in your connections, device or other equipment, or software that may occur in relation to your use of Naked Factory Spotlight.

While we try to make sure that The Naked Factory, LLC network of site is secure and free from bugs and viruses, we cannot promise that it will be and have no control over the User Content that is supplied by Exhibitionist .

We are not responsible for any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of funds.

You acknowledge that once your User Content is posted on Naked Factory Spotlight, Naked Factory Broadcast, and Naked Factory Online, we cannot control and will not be responsible to you for the use which other Users or third parties make of such User Content. You can delete your account at any time, but you acknowledge that deleting your account will not of itself prevent the circulation of any of your User Content which may have been recorded by other Users in breach of the Terms of Service or by third parties prior to the deletion of your account.

II. Intellectual property rights – ownership and licenses:

You confirm that you own all intellectual property rights (examples of which are copyright and trademarks) in your Content or that you have obtained all necessary rights to your Content which are required to grant licenses in respect of your Content to us and to other Users. This includes any rights required to engage in the acts covered by sub-section 10(b) below in any territory in which The Naked Factory, LLC network of site is accessible and, in particular, in the United States of America.

You agree to grant us a license under all your Content to perform any act restricted by any intellectual property right (including copyright) in such Content, for any purpose reasonably related to the provision and operation of The Naked Factory, LLC network of sites. Such acts include to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Content, and otherwise deal in your Content.

The license which you grant to us under sub-section 10(b) above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us. This means that the license will continue even after your agreement with us ends and you stop using Naked Factory Spotlight, that we do not have to pay you for the license, and that we can grant a sub-license of your Content to someone else or assign or transfer the license to someone else. This license will allow us, for example, to add stickers, text, and watermarks to your Content, to make your Content available to other Users of Naked Factory sites, as well as to use your Content for other normal operations of Naked Factory. We will never sell your Content to other platforms, though we may sell or transfer any license you grant to us in the Terms of Service in the event of a sale of our company or its assets to a third party.

Whilst we do not own your Content, you grant us the limited right to submit notifications of infringement (including of copyright or trademark) on your behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of your Content without your permission. Although we are not under any obligation to do so, we may at any time submit or withdraw any such notification to any third-party website or service where we consider it appropriate to do so. However, we do not and are under no obligation to police infringements of your Content. You agree that if we request, you will provide us with all consents and other information which we reasonably need to submit notifications of infringement on your behalf. Please see our Complaints Policy for how to make a complaint about infringement of intellectual property rights.

You waive any moral rights which you may have under any applicable law to object to derogatory treatment of any Content posted by you on The Naked Factory, LLC network of sites. This waiver does not affect in any way your ownership of any intellectual property rights in your Content or the rights which you have to prevent your Content from being copied without your permission. The waiver is intended to allow us when dealing with your Content (as permitted by the license which you give us in section 10(b) above) to add watermarks, stickers or text to your Content.

Twitter:

Users have the facility to connect an active Twitter account to their The Naked Factory, LLC network of sites account and to share certain Content in the form of The Naked Factory, LLC network of sites posts to Twitter using the share feature. If you use this feature, you must fully comply with Twitter’s terms of service from time to time in respect of any Content shared in this way.

Linking to and from The Naked Factory, LLC network of sites

You may link to the The Naked Factory, LLC network of sites homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

If you are an Exhibitionist , when promoting your Exhibitionist  Account you must comply with our Terms of Service and the terms of service of any other website where you place a link to or otherwise promote your Exhibitionist  Account. When promoting your Exhibitionist  Account, you must not impersonate The Naked Factory, LLC network of sites or give the impression that your Exhibitionist  Account is being promoted by us if this is not the case. You must not promote your The Naked Factory, LLC network of sites account by using Google Ads or any similar advertising platform or search engine advertising service.

Links from Naked Factory Spotlight: If The Naked Factory, LLC network of sites contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to The Naked Factory, LLC network of sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Domain Names:

In some instances, The Naked Factory, LLC network of sites may allow Exhibitionist  to register or use domain names that contain the The Naked Factory, LLC network of sites trademark or a confusingly similar term. However, you will not register such a domain name, unless:

 The domain name is registered by the  or Exhibitionist .

The domain name redirects to the  or Exhibitionist ’s The Naked Factory, LLC network of sites profile. Domain names containing the The Naked Factory, LLC network of sites trademark or a confusingly similar term must not direct to any other website, including link aggregators.

The Exhibitionist  Obtains prior written permission from The Naked Factory, LLC network of sites and signs a licensing agreement.

If you would like to register a domain name containing the The Naked Factory, LLC network of sites trademark or a confusingly similar term, please contact support@nakedfactory.net  Failing to comply with these provisions or the licensing agreement will be considered a violation of the licensing agreement and may result in The Naked Factory, LLC network of sites filing a domain dispute against the registrant.

How do I delete my account?

If you want to delete your The Naked Factory, LLC network of sites account then you may do so in the ‘User Account’ section of your The Naked Factory, LLC network of sites account.

 If you are an Voyeur, the deletion of your account will take place within a reasonable time following your request.

If you are a  or Exhibitionist , then once you initiate the “delete account” process your account will remain open until the last day of your Voyeurs’ paid Subscription period, following which you will receive your final payment and your account will be deleted.

If you are both a Voyeur and a Exhibitionist  then your account will be deleted in two stages (Voyeur first and then  or Exhibitionist ).

Once your account has been deleted you won’t be charged any further amounts or have access to your former The Naked Factory, LLC network of sites account or its Content, and any subscriptions will be deleted and cannot be subsequently renewed. You will receive an email confirmation upon the successful deletion of your account. Once your account has been deleted, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on The Naked Factory, LLC network of sites for you to be able to access your Content following termination of your account.

Who is responsible for any loss or damage suffered by you?

Whether you are a consumer or business User: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes (i) liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and (ii) fraud or fraudulent misrepresentation.

If you are a consumer User:

If you are a consumer User, you agree that:

We and our subsidiary companies, employees, owners, representatives, and agents will not be liable to you for any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings suffered by you arising from or in connection with your use of Naked Factory site.

If you are a consumer User and reside in the United States of America, our total liability to you for claims arising out of or related to your agreement with us shall be limited to USD 250 per claim.

If you are a business User:

If you are a business User, you agree that: We and our subsidiary companies, employees, owners, representatives, and agents:  exclude (to the extent permitted by law) all implied conditions, warranties, representations, or other terms that may apply to The Naked Factory, LLC network of sites or any content on it. This means that if the Terms of Service do not expressly include a promise or commitment by us, then one cannot be implied by law; are not responsible to you for any loss or damage suffered by you that is not a foreseeable result of our breaching the Terms of Service or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agreed to the Terms of Service, both we and you knew it might happen; won’t be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of or in connection with: your inability to use The Naked Factory, LLC network of sites or any of its services, features or programs; or your use of or reliance on any content (including User Content) stored on Naked Factory sites; won’t be liable to you for any: Loss of profits; loss of sales, business, or revenue; business  interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; loss of data or information, including any Content; or indirect or consequential loss or damage; won’t be liable to you for any loss or damage caused by a distributed denial-of-service attack, virus, malware, ransomware, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of The Naked Factory, LLC network of sites or any of its services, features or programs, or due to your downloading of any material posted on it, or on any website linked to it; won’t be liable to you if your Content is copied, distributed, reposted elsewhere or its copyright is infringed by another User or any third party;

won’t be liable to you for any disclosure of your identity, or any disclosure or publication of your personal information by other Users or third parties without your consent (also known as “doxing”); won’t be liable to you for any failure or delay by us in complying with any part of the Terms of Service arising from events outside our reasonable control. If there is any failure or delay by us in complying with any part of the Terms of Service arising from an event outside our reasonable control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay.

Our total liability to you for any and all claims arising out of or related to your agreement with us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall be limited to the greater of:

100% of the total fees paid by you to us in connection with your use of The Naked Factory, LLC Network of sites.

General: You agree that:

 If any aspect of your agreement with us is unenforceable, the rest will remain in effect.

If we fail to enforce any aspect of your agreement with us, it will not be a waiver;

We reserve all rights not expressly granted to you.

No implied licenses or other rights are granted to you in relation to any part of Naked Factory Spotlight, save as expressly set out in the Terms of Service.

Your agreement with us does not give rights to any third parties, except that the exclusions and limitations of liability in section 14 (Who is responsible for any loss or damage suffered by you?) and the terms in section 16 ( Terms relating to disputes) may be enforced by our subsidiary companies, employees, owners, representatives and agents.

You cannot transfer your rights or obligations under your agreement with us without our prior written consent.

Our rights and obligations under your agreement with us can be assigned or transferred by us to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to delegate the performance of any of our obligations under your agreement with us to any third party, but we will remain responsible to you for the performance of such obligations.

The Terms of Conditions of Use form the entire agreement between us and you regarding your access to and use of The Naked Factory, LLC network of sites and supersede any and all prior oral or written understandings or agreements between us and you.

Terms relating to disputes:

 the law which applies to your agreement with us and where disputes and claims concerning your use of The Naked Factory, LLC network of sites(including those arising from or relating to your agreement with us) can be brought:

Terms of Use for Voyeurs:

 which contain additional terms which apply if you use The Naked Factory, LLC network of sites as a Voyeur;

Terms of Use for Exhibitionist:

which contain additional terms which apply if you use The Naked Factory, LLC network of sites as a  or Exhibitionist ;

Privacy Policy:

which applies to all Users and tells you how we use your personal data and other information we collect about you;

Acceptable Use Policy:

which applies to all Users and tells you what you can and can’t do on Naked Factory Spotlight;

Complaints Policy:

which sets out the procedure for making a complaint about any aspect of Naked Factory Spotlight, and how we will deal with that complaint;

Our Community Guidelines:

which provide additional terms and guidance regarding your interactions with Naked Factory Spotlight.

If there is any conflict between these Terms of Use for all Users and any of the terms or policies listed at section 17(a) to (h) above, the Terms of Use for all Users will apply to the extent of the conflict.

TERMS OF USE FOR Voyeurs

BY USING OUR WEBSITE AS A Voyeur YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

Introduction:

These Terms of Use for Voyeurs are additional terms which apply if you use The Naked Factory, LLC network of sitesas a Voyeur (also referred to as “you” and “your” in these Terms of Use for Voyeurs). These Terms of Use for Voyeurs form part of your agreement with us.

Interpretation: In these Terms of Use for Voyeurs, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:

“Tax” shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the UK or any other jurisdiction.

Other terms which will apply to your use of Naked Factory Spotlight: The following terms will also apply to your use of The Naked Factory, LLC network of sites and you agree to them:

Our Terms of Use for all Users:

Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;

Our Acceptable Use Policy – which tells you what you can and can’t do on Naked Factory Spotlight;

Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of Naked Factory Spotlight, and how we will deal with that complaint;

The Agreement between Voyeur and Exhibitionist – which does not form part of your agreement with us, but which governs and sets out the terms applicable to each Voyeur/Exhibitionist  Transaction you enter into on Naked Factory Spotlight; and

Our Community Guidelines – which provide additional terms and guidance regarding your interactions with Naked Factory Spotlight.

Other terms which may apply to your use of The Naked Factory, LLC Network of sites: 

 If you are also a  or Exhibitionist , the Terms of Use for Exhibitionist  will apply to your use of The Naked Factory, LLC network of sites as a  or Exhibitionist ;

Your commitments to us:

You warrant (which means you make a legally enforceable promise) that:

 you are at least 18 years old; if the laws of the country or State/province where you live provide that you can only be legally bound by a contract at an age which is higher than 18 years old, then you are old enough to be legally bound by a contract under the laws of the country or State/province where you live; you will provide such other information or verification records as we require. you are permitted by the laws of the country or State/province where you are located to join The Naked Factory, LLC network of sites and to  view any Content available on it and to use any functionality provided by it; and you are able and willing to make payment (where required) to view Content available on The Naked Factory, LLC network of sites which you wish to view and to use any functionality provided by The Naked Factory, LLC network of sites that you wish to use. 

Content – general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Voyeur on  The Naked Factory, LLC Network of sites

You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on  The Naked Factory, LLC Network of sites:

 the Content complies in full with the Terms and Conditions of Use Service (and in particular our Acceptable Use Policy); you either own your Content (and all intellectual property rights in it) or have a valid license to your Content; and

if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third- arty property in your Content and for the subsequent use and exploitation of that Content on  The Naked Factory, LLC Network of sites

You agree that you will be liable to us and indemnify us if any of the warranties at section 6(a) is untrue. This means you will be responsible for any loss or damage we suffer as a result of any warranty being untrue.

We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of  The Naked Factory, LLC Network of sites. We have no direct control over what your Content may comprise.

Adult material:

You acknowledge that you are aware that some of the Content on The Naked Factory, LLC network of sites contains adult material, and you agree to take this into account when deciding where to access and view Content. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing Content containing adult material in a way which places you in breach of any contract you have with a third party (for example, your employment contract) or in breach of any applicable law.

Subscriptions and purchases by Voyeurs:

This section describes the terms which apply to Voyeur/Exhibitionist  Transactions:

 All Voyeur/Exhibitionist  Transactions are contracts between Voyeurs and Exhibitionist  on the terms of the Agreement between Voyeur and  or Exhibitionist . Although we facilitate Voyeur/Exhibitionist  Transactions by providing the The Naked Factory, LLC network of sites platform and storing Content we are not a party to the Agreement between Voyeur and Exhibitionist or any other contract which may exist between a Voyeur and  or Exhibitionist , and are not responsible for any Voyeur/Exhibitionist  Transactions.

Exhibitionist  are solely responsible for determining (within the parameters for pricing on The Naked Factory, LLC Network of sites) the pricing applicable to Voyeur/Exhibitionist  Transactions and the Content to which you may be given access. All prices appear in USD only.

Voyeur Payments are exclusive of TAX

To be able to enter into an Voyeur/Exhibitionist  Transaction with a particular  or Exhibitionist , you must first add a payment card to your account and then click the ‘Subscribe’ button on the relevant  or Exhibitionist ‘s profile.

You authorize us and our subsidiary companies to supply your payment card details to a third-party payment provider for the purpose of processing your Voyeur Payment. All Voyeur Payments will be charged in USD. Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank and we and our subsidiary companies will not be responsible for paying any charges or fees imposed by your payment card provider or bank.

If you choose to provide details of two or more payment cards, then if you try to make a Voyeur Payment from the first card and the card is rejected for any reason, then the other payment card will be used to collect the full Voyeur Payment.

The payment provider will take (i) periodic payments from your payment card for Voyeur Payments which are Subscriptions; and (ii) immediate payments from your payment card for Voyeur Payments other than Subscriptions (including any tips paid by you to a  or Exhibitionist ). You authorize and consent to each of these payments being debited using your supplied payment card details.

Apart from a free-trial Subscriptions, all Subscriptions to a  or Exhibitionist ‘s profile will automatically renew at the end of the relevant subscription period, except if your payment card is declined, the subscription price for the Subscription has increased, or you have turned off the “Auto-Renew” switch located on the relevant  or Exhibitionist ‘s profile. This means that if you want to stop subscribing to a  or Exhibitionist ‘s profile and paying continuing monthly subscription charges, you will need to turn off the “Auto-Renew” switch located on the relevant  or Exhibitionist ‘s profile.

If you cancel a Subscription you will continue to be permitted to view the relevant  or Exhibitionist ‘s Content until the end of the subscription period in which you canceled, after which no further payments will be taken from your payment card in respect of subscriptions to that  or Exhibitionist ‘s profile (unless you choose to pay for a new Subscription to that  or Exhibitionist ’s profile), and you will no longer be able to view the relevant  or Exhibitionist ‘s Content.

You agree that you will not make unjustified requests for a refund in respect of any Voyeur/Exhibitionist Transaction or tip to a  or Exhibitionist , or unjustified chargeback requests of your payment card provider in relation to any Voyeur/Exhibitionist Transaction or tip to a  or Exhibitionist . If we consider that any request for a refund or chargeback request was made by you in bad faith, we have the right to suspend or delete your User account.

Wallet credits: You can prepay an amount on The Naked Factory, LLC network of sites(known as “Wallet Credits”) which you can later use to make Voyeur Payments. Purchases on The Naked Factory, LLC network of sites cannot be divided – if you attempt a purchase that costs more than the total amount of your remaining Wallet Credits, your payment card will be charged the full amount for that purchase. Wallet Credits are subject to a maximum amount as determined by us from time to time. Interest will not accrue on Wallet Credits. Wallet Credits are non-refundable, which means that you are not entitled to a refund of any unused Wallet Credits.

Suspension of your User account: If we suspend your User account in accordance with our rights under the Terms of Service, then any Voyeur Payments which would otherwise have fallen due during the period of suspension of your User account will be suspended during the period of the suspension of your User account.

TERMS OF USE FOR Exhibitionist

BY USING OUR WEBSITE AS A Exhibitionist  YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

Introduction: These Terms of Use for Exhibitionist  are additional terms which apply if you use The Naked Factory, LLC network of sites as a Exhibitionist (also referred to as “you” and “your” in these Terms of Use for Exhibitionist ). These Terms of Use for Exhibitionist  form part of your agreement with us.

Interpretation: In these Terms of Use for Exhibitionist , defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:

“Tax” shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable. 

Other terms which will apply to your use of Naked Factory Spotlight: The following terms will also apply to your use of The Naked Factory, LLC network of sites and you agree to them:

 Our Terms and Conditions of Use:

Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;

Our Acceptable Use Policy – which tells you what you can and can’t do on The Naked Factory, LLC Network of sites

Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of  The Naked Factory, LLC Network of sites, and how we will deal with that complaint;

The Agreement between Voyeur and Exhibitionist – which does not form part of your agreement with The Naked Factory, but which governs and sets out the terms applicable to each Voyeur/Exhibitionist  Transaction you enter into on The Naked Factory, LLC Network of sites; and

Our Community Guidelines – which provide additional terms and guidance regarding your interactions with N The Naked Factory, LLC Network of sites. Other terms which may apply to your use of The Naked Factory, LLC network of sites: The following additional terms may apply to your use of The Naked Factory, LLC network of sites

What are the fees that we charge Exhibitionist  for the use of The Naked Factory, LLC network of sites? We charge a fee to you of twenty per cent (20%) of all Voyeur Payments made to you (called Our Fee. The remaining eighty per cent (80%) of the Voyeur Payment is payable to you (called “Exhibitionist  Earnings”). Our Fee includes the costs of providing, maintaining and operating The Naked Factory, LLC network of sites and storing your Content. Our Fee is deducted from the Voyeur Payment, and Exhibitionist  Earnings are paid to you in the way described in the Payouts to Exhibitionist  section below.

How to set up your account as a Exhibitionist  account: To set up your account as a Exhibitionist  account:

 You will need on your User account page to upload a valid form of ID and two photos of you in accordance with the requirements set out here.

You will need on your User account page to add a bank account or payment details of your bank account or a payment method.

You will need on your User account page to select one of the available methods provided by The Naked Factory, LLC network of sites as to how your Exhibitionist  Earnings will be transferred to you. These methods are called Payout Options.

You may also need to submit additional information depending on the country where you live.

We may ask you for additional age or identity verification information at any time. We may reject your application to set up an Exhibitionist  account for any reason. 

Once you have set up your account as an Exhibitionist  account, then if you want to charge your Voyeurs a monthly subscription fee you will need to set your subscription price for your Voyeurs within the range allowed by The Naked Factory, LLC network of sites as set out here.

You will then be able to start adding Content and Users will be able to subscribe to your account to become your Voyeurs.

If you lose access to your account, you can reset your password, but you will need to know the email address used to set up the account to do so. If you do not recall the email address used to set up the account, we may require you to provide identification documents and photos and any additional evidence we may reasonably require to prove your identity.

Personal legal responsibility of Exhibitionist : Only individuals can be Exhibitionist . Every Exhibitionist is bound personally by the Terms of Service. If you have an agent, agency, management company or other third party which assists you with the operation of your Exhibitionist  Account (or operates it on your behalf), this does not affect your personal legal responsibility. Our relationship is with you, and not with any third party, and you will be legally responsible for ensuring that all Content posted and all use of your account complies with the Terms of Service.

Voyeur/Exhibitionist Transactions:

 This section describes the terms which apply to Voyeur/Exhibitionist Transactions:

 All Voyeur/Exhibitionist  Transactions are contracts between Voyeurs and Exhibitionist  on the terms of the Agreement between Voyeur and  or Exhibitionist . Although we facilitate Voyeur/Exhibitionist  Transactions by providing the The Naked Factory, LLC network of sites platform and storing Content, we are not a party to the Agreement between Voyeur and Exhibitionist or any other contract which may exist between a Voyeur and  or Exhibitionist , and are not responsible for any Voyeur/Exhibitionist  Transaction. 

When you receive confirmation from The Naked Factory, LLC network of sites, either in the ‘Statements’ page of your User account or by email (or both), that the Voyeur/Exhibitionist  Transaction has been confirmed, you must perform your part of such Voyeur/Exhibitionist  Transaction (for example, by allowing the Voyeur to view the Content on your Exhibitionist  account and/or providing the customized Content paid for by the Voyeur and/or allowing the Voyeur to use the Voyeur interaction function paid for (as applicable)). You agree that you will indemnify us for any breach by you of this obligation (which means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of you failing to comply with this obligation).

Content – general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Exhibitionist  on The Naked Factory, LLC network of sites

Your Content is not confidential, and you authorize your Voyeurs to access and view your Content on The Naked Factory, LLC network of sites for their own lawful and personal use, and in accordance with any licenses that you grant to your Voyeurs.

You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on Naked Factory Spotlight:

 the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy); you hold all rights necessary to license and deal in your Content on Naked Factory Spotlight, including in each location where you have Voyeurs; you either own your Content (and all intellectual property rights in it) or have a valid license to offer and supply your Content to your Voyeurs; if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on The Naked Factory, LLC  network of sites; and the Content is: of satisfactory quality, taking account of any description of the Content, the price, and all other relevant circumstances including any statement or representation which you make about the nature of the Content on your account or in any advertising; reasonably suitable for any purpose which the Voyeur has made known to you is the purpose for which the Voyeur is using the Content; and as described by you. 

You agree that you will be liable to us and indemnify us if any of the warranties at section 9(b) is untrue. This means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of any of the warranties being untrue.

We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of The Naked Factory, LLC network of sites. 

You agree that any content uploaded by either Exhibitionist  or Admier adheres to the PUBLISHING RULES AND AGREEMENT found here within.

Advertising on The Naked Factory, LLC network of sites

 If you post or upload video Content to your Exhibitionist  Account which is designed to promote, directly or indirectly, a third-party goods, services or image in return for payment, other valuable consideration, or self-promotional purposes (including advertising, sponsorship, and product placement) (together “Advertising Content”), then you must comply with the requirements set out in sections 10(b) and (c) of these Terms of Use for Exhibitionist .

Requirements – Advertising Content:

You must ensure that any Advertising Content which you post to your Exhibitionist  Account: does not:  prejudice respect for human dignity; include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation; encourage behavior prejudicial to health or safety; encourage behavior grossly prejudicial to the protection of the environment; cause physical, mental or moral detriment to any person; directly urge persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity; directly encourage persons to persuade others to purchase or rent goods or services; exploit the trust of persons in others; or unreasonably show persons in dangerous situations; does not advertise  cigarettes and other tobacco products, electronic cigarettes and electronic cigarette refill containers, illegal drugs, or any prescription-only medicine; does not advertise, promote, or  facilitate illegal gambling, and in respect of any Advertising Content for alcoholic drinks, is not aimed at minors and does not encourage immoderate consumption of alcohol. Transparency requirement – Advertising Content: You must declare that any Advertising Content which you post or upload to The Naked Factory, LLC network of sites contains advertising by including the signifier #ad in the caption to the Advertising Content before posting or uploading.

Co-authored Content:

If you upload Content to your Exhibitionist  Account which shows anyone else other than or in addition to you (even if that person cannot be identified from the Content) (“Co-Authored Content”), you warrant (which means you make a legally enforceable promise to us) that each individual shown in any Co-Authored Content uploaded to your account is i) a Exhibitionist  on Naked Factory Spotlight; or ii) a consenting adult, and that you have verified the identity and age of each such individual and will provide supporting documents as we may request in our discretion by having them fill out the forms located here: Guest Appearance.

You further warrant that you have obtained and keep on record written consent from each individual shown in your Co-Authored Content that such individual: has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Content; and has consented to the Co-Authored Content in which he or she appears being posted on Naked Factory Spotlight. In addition to the confirmations in sections 11(a) and (b) above, you agree that if you upload Co-Authored Content where the other person or people appearing in the Content maintain a Exhibitionist  Account on Naked Factory Spotlight, you will tag the The Naked Factory, LLC network of sites account(s) of any person or people appearing in the Co-Authored Content who can be identified from it. If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on The Naked Factory, LLC Network of sites.

You agree that we will only arrange for Exhibitionist  Earnings to be paid to the account of the Exhibitionist to which the Co-Authored Content is uploaded. The Exhibitionist who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the individuals shown in such Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between you and such individual(s), and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any Exhibitionist Earnings earned on any Co-Authored Content in which you appear but which is posted on another  or Exhibitionist ’s account. If you post Co-Authored Content on your account, we may require you to provide valid and complete legal information for all individuals which appear in the Co-Authored Content. If you fail to provide any information requested by us upon our request, we may delete the Co-Authored Content, restrict your rights and permissions to post as a  or Exhibitionist , terminate your account, and/or withhold all or any portion of Exhibitionist Earnings earned but not yet paid out to you.

You agree to release us from and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Exhibitionist (s) who posted Co-Authored Content or the individual(s) who appeared in the Co-Authored Content (as applicable).

Payouts to Exhibitionist:

 All Voyeur Payments will be received by a third-party ie:, CCBill, Coinbase,  PaymentNow and our Fee will be deducted from the Voyeur Payment received and your Exhibitionist Earnings will be held by us on your behalf.

Your Naked Factory, account will be updated within a reasonable time with your Exhibitionist Earnings. Your Exhibitionist Earnings will become available for withdrawal by you from your Naked Factory, account once such Exhibitionist Earnings appear in your The Naked Factory, LLC network of sites account.

To make a withdrawal of Exhibitionist Earnings from your Naked Factory account, you must have at least the minimum payout amount in your The Naked Factory, LLC network of sites account ($25 USD). 

The amount that you see in your ‘current balance’ in your The Naked Factory, LLC network of sites account is your Exhibitionist Earnings at the relevant time. All Voyeur Payments and Exhibitionist Earnings are transacted in USD only. Your bank may charge you currency conversion or transfer fees to receive the money. Additionally, your e-wallet company may charge you a fee for accessing the money. We do not have control over currency exchange rates or charges imposed by your bank or your e-wallet company, and we and our subsidiary companies will not be responsible for paying any charges imposed by your bank or your e-wallet company.

If a Voyeur successfully seeks a refund or chargeback from their credit card provider in respect of a Voyeur Payment made to you, we may investigate and may decide to deduct from your account an amount equal to the Exhibitionist Earnings earned by you on the charged-back or refunded amount.

Except for Payout Options involving payment by direct bank transfer, we do not store any data disclosed by you when you register your Payout Options with a third-party payment provider.

Circumstances in which we may withhold Exhibitionist Earnings:

We may withhold all or any part of the Exhibitionist  Earnings due to you but not yet paid out:

 if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service; if you attempt or threaten to breach any part of the Terms of Service in a way which we think has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or if we suspect that all or any part of the Exhibitionist Earnings result from unlawful or fraudulent activity, either by you or by the Voyeur who made the Voyeur Payment resulting in the Exhibitionist Earnings, for as long as is necessary to investigate the actual, threatened or suspected breach by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or threatened to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) the Exhibitionist Earnings result from unlawful or fraudulent activity, we may notify you that you have forfeited your Exhibitionist Earnings.

Promoting Tax compliance

We recommend that all Exhibitionist  seek professional advice to ensure you are compliant with your Tax laws, based on your individual circumstances. By using The Naked Factory, LLC network of sites as an Exhibitionist , you warrant (which means you make a legally enforceable promise) that you have reported and will report in the future the receipt of all payments made to you in connection with your use of The Naked Factory, LLC network of sites to the relevant Tax authority in your jurisdiction, as required by law and that you will at all times comply with all laws and regulations relating to Tax which apply to you. 

 Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.

c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

Iii. Contains any type of unauthorized or unsolicited advertising;

Iiii. Impersonates any person or entity, including any The Naked Factory, LLC employees or representatives.

Agreement between Voyeur and Exibitionist

Introduction:

This Agreement between Voyeur and Exibitionist (“this agreement”) sets out the terms which govern each transaction between a Voyeur  and a Exibitionist on Naked Factory 

When does this agreement apply?

Each time a Voyeur /Exibitionist Transaction is initiated on Naked Factory, this Standard Contract between Voyeur  and Exibitionist will apply to the exclusion of any other terms which the Voyeur  or Exibitionist may propose, and this Standard Contract between Voyeur  and Exibitionist will legally bind the Voyeur  and Exibitionist participating in the Voyeur /Exibitionist Transaction.

Parties:

The only parties to this agreement are the Voyeur  and Exibitionist participating in the Voyeur /Exibitionist Transaction. Neither Naked Factory LLC nor any of its subsidiary companies is a party to this agreement and neither Naked Factory LLC nor any of its subsidiary companies grants any rights in respect of, nor participates in, any Voyeur /Exibitionist Transaction, except that Naked Factory LLC or any of its subsidiary companies may act as a payment intermediary in accordance with the Exibitionist’s and Voyeur ’s instructions set out in section 5 of this agreement.

Interpretation:

In this agreement, defined terms have the following meanings:

We refer to our websites as “Naked Factory” including when accessed via the URL https://nakedfactory.info or any of the sites within the Naked Factory. These include but are not limited to https://nakedfactory.info, https://nakedfactory.io, https://nakedfactory.app, https://nakedfactory.studio, https://nakedfactorystudios.com,  https://nfspotlight.com, https://nakedfactoryspotlight.app, https://nakedfactoryspotlight.com  https://nakedfactory.shop , https://nfbroadcast.com , https://nakedfactory.online , https://nakedfactory.tv ,  https://nakedfactorytv.com,  https://nakedfactorynetwork.com,   https://nakedfactory.academy https://nfcasting.com , https://nakedfactoryacademy.com 

References to “we”, “our”, “us” are references to Naked Factory  the owner and operator of the Naked Factory. 

“Content” means any material uploaded to Naked Factory by any User (whether a Exibitionist or a Voyeur ), including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;

“Exibitionist” means a User who has set up their Naked Factory account as a Exibitionist account to post Content on Naked Factory to be viewed by other Users;

“Voyeur ” means a User who follows a Exibitionist and is able to view the Exibitionist’s Content;

“Referring User” means a User who participates in the Naked Factory Spotlight Referral Program;

“Voyeur /Exibitionist Transaction” means any transaction between a Voyeur  and a Exibitionist on Naked Factory by which access is granted to the Exibitionist’s Content, including in any of the following ways: (i) a Subscription, (ii) payments made by a Voyeur  to view a Exibitionist’s pay-per-view Content (pay-per-view media and pay-per-view live stream), and (iii) payments made by a Voyeur  to use the Voyeur  interaction function on a Exibitionist’s account;

“Voyeur  Payment” means (i) any and all payments made by a Voyeur  in respect of any Voyeur /Exibitionist Transaction, and (ii) any and all tips;

“Show Fee” means the fee charged to Exibitionists in accordance with section 5 of the Naked Factory Terms of Use for Exibitionists;

“Subscription” means a Voyeur ‘s subscription to a Exibitionist’s account;

“TAX” means United States value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction; and

Tax shall include all forms of tax and statutory, governmental, state, federal,  local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the United States or any other jurisdiction.

Pricing and payment:

By entering into a Voyeur /Exibitionist Transaction, the Voyeur  agrees to pay the Voyeur  Payment applicable to the relevant Voyeur /Exibitionist Transaction in accordance with the pricing published in the Exibitionist’s account plus any TAX which is applicable. The Voyeur  and Exibitionist participating in the Voyeur /Exibitionist Transaction authorize Naked Factory or any of its subsidiaries to act as a payment intermediary and to collect, hold, and process the Voyeur  Payment and any applicable TAX, to deduct the Show Fee, and to pay out the sums due to Exibitionists and (if applicable) Referring Users, as described in the Naked Factory Terms of Service.

License of Content:

Once the Voyeur  has made the Voyeur  Payment for a Voyeur /Exibitionist Transaction, the Exibitionist grants to the Voyeur  a limited license to access the applicable Content of that Exibitionist to which the Voyeur /Exibitionist Transaction relates (the “Relevant Content”). This license is non-transferable, non-sublicensable and non-exclusive, and permits the Voyeur  to access and view the Relevant Content on the Voyeur ‘s personal device and via a normal web browser (and to make a temporary copy of such Content only to the extent that this is an incidental and technical process forming part of the Voyeur ‘s accessing the Content (i.e. caching)), in accordance with the Naked Factory Acceptable Use Policy.

Ownership of Content:

The Voyeur  participating in the Voyeur /Exibitionist Transaction acknowledges and agrees that the license of the Relevant Content provided in section 6 of this agreement does not result in the Voyeur  acquiring any rights in or to the Relevant Content, which rights shall be retained by the Exibitionist of the Relevant Content.

Expiry of license:

The license granted to a Voyeur  in relation to the Relevant 

Content will expire automatically without notice in the following circumstances:

if the Voyeur  Payment related to the Voyeur /Exibitionist Transaction was unsuccessful, or is charged back or reversed for any reason;

in respect of pay-per-view Content, once the Voyeur  has completed viewing the Content;

in respect of Subscriptions, at the end of the subscription period, unless the Subscription is configured to automatically renew as described in section 8(h) of the Naked Factory Terms of Use for Voyeur s;

if the Voyeur ‘s User account is suspended or terminated for any reason;

if the Voyeur  acts in breach of the Naked Factory Acceptable Use Policy (whether in relation to the Relevant Content or at all);

if the Content is removed from the Exibitionist’s account;

if the Voyeur  closes their Naked Factory User account.

Cancellation and refunds:

In respect of every Voyeur /Exibitionist Transaction:

The Voyeur  acknowledges that the Voyeur /Exibitionist Transaction will result in a supply of the relevant Content to the Voyeur  before the end of the period of 14 days from the date when the Voyeur /Exibitionist Transaction is entered into, and the Voyeur  gives his or her express consent to this and confirms to the Exibitionist that he or she is aware that any statutory right to cancel the Voyeur /Exibitionist Transaction which the Voyeur  has under the Consumer Rights Act 2015 or any other applicable law will therefore be lost.

This agreement does not affect any statutory right to receive a refund from the Exibitionist which a Voyeur  may have under the Consumer Rights Act 2015 or any other applicable law.

Obligations between Exibitionist and Voyeur:

 In respect of every Voyeur /Exibitionist Transaction:

The Voyeur  and the Exibitionist participating in the Voyeur /Exibitionist Transaction agree to comply at all times with the Naked Factory Acceptable Use Policy in relation to the Relevant Content, including when accessing, viewing and interacting with it.

The Voyeur  participating in the Voyeur /Exibitionist Transaction agrees to make the Voyeur  Payment required to access, view or interact with the Relevant Content, and agrees not to initiate a chargeback other than if the Voyeur  disputes the Voyeur /Exibitionist Transaction in good faith.

The Exibitionist participating in the Voyeur /Exibitionist Transaction agrees to make the Relevant Content available to the Voyeur  once the Voyeur  has made the Voyeur  Payment applicable to the Relevant Content.

The Exibitionist warrants (makes a legally enforceable promise) that it possesses all necessary rights in and to the Relevant Content sufficient to license it to the Voyeur  in the territory in which the Voyeur  will be accessing the Relevant Content, and has obtained any and all permissions and consents needed to grant the license in section 6 of this agreement.

The Exibitionist is solely responsible for creating and uploading the Relevant Content. The Exibitionist provides no guarantees that it will continue to create and upload Relevant Content on an ongoing basis.

Unless there has been negligence or other breach of duty by the Exibitionist, the accessing by the Voyeur  of the Exibitionist’s Content is entirely at the Voyeur ‘s own risk.

No guarantees:

The Voyeur  participating in the Voyeur /Exibitionist Transaction acknowledges that Exibitionists may add and remove Content at any time from their Exibitionist account, and that Exibitionists have the discretion to decide what sort of Content to make available on their account. In addition, the Voyeur  participating in the Voyeur /Exibitionist Transaction acknowledges that there may be circumstances where it is not possible for the Voyeur  to access to Relevant Content to be provided under the Voyeur /Exibitionist Transaction, including:

if the Exibitionist’s account is suspended or deleted;

if the Voyeur ‘s account is suspended or deleted;

if the availability of all or any part of Naked Factory site is suspended or inaccessible; or

if the Exibitionist is unable to create or upload Relevant Content in the future.

not yet paid and we may set off such amounts against any losses suffered by us.