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.app or any of the sites within the Naked Factory. These include but are not limited to https://nakedfactory.io, https://nakedfactory.studio , https://nakedfactoryspotlight.app , https://nfspotlight.com , https://nakedfactory.shop , https://nakedfactory,tv , https://nakedfactory.online , https://nfpresents.com and https://nakedfactorypresents.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 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.
Governing Law
- This website is controlled by The Naked Factory, LLC from our offices located in the state of FL, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of FL, by accessing our website, you agree that the statutes and laws of FL. without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
- Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in USA, FL. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.