License Granted to the Platform
With respect to User Content, by uploading any Content to The Naked Factory, LLC Network of Sites,(known as “Sites” for the remainder of this agreement) you are granting to The Naked Factory, LLC a fully paid, worldwide, irrevocable license to use and distribute such Content. By uploading any Content in any form through the Sites you are requesting and directing us to make such Content available to other users and viewers of the Sites.
With respect to Independent Producer Content, by uploading any Content to the Sites, you are granting to The Naked Factory, LLC, worldwide, irrevocable license to use and distribute such Content. By uploading any Content in any form through the Sites you are requesting and directing us to make such Content available to other users and viewers of the Sites, and in limited scope our marketing partners and Affiliates.
Restrictions
THESE SITES MAY NOT BE USED FOR THE ADVERTISING OF SEXUAL SERVICES OR TO ENGAGE IN ACTIVITIES REQUIRING THE PAYMENT OF MONEY FOR SEX OR OTHER ILLEGAL ACTIVITIES.
No Publisher shall link any ad to any website, web page, post, blog, writing, or media of any type that suggests the Publisher will engage in any illegal activity.
Publisher further agrees not to post, upload, publish or disseminate any media or communication on any third-party sites, service, network, or platform that suggests that Publisher is willing to engage in any illegal activity.
You may not use these Sites to request or send money, or any other form of financial assistance, from or to any User that You communicate with on these Sites,with the exception in connection with membership plans and downloads.
Age Verification
ALL PERSONS DEPICTED IN THE IMAGES OR VIDEO THAT YOU STREAM AND/OR UPLOAD TO THE Sites MUST BE AT LEAST 18 YEARS OF AGE WHEN THE DEPICTION WAS CREATED.
You understand and agree that the Sites acts as an online third-party publishing forum, therefore, should You determine that Your uploaded content contains actual or simulated sexually explicit conduct, then it is solely Your obligation to ensure that Your uploaded content is compliant with all requirements set forth in applicable federal, state, local, and/or foreign laws. If Your uploaded content contains actual or simulated sexually explicit conduct, as defined by federal law, You represent and warrant that such content is compliant by maintaining all required records and other data, including but not limited to color copies of both sides of government photo ID. Nothing contained herein constitutes legal advice or compliance with any law or obligation.
Any exploitation of children will be immediately reported to U.S. Department of Justice, Child Exploitation and Obscenity Section (CEOS) and the National Center for Missing and Exploited Children and The Naked Factory, LLC will provide any and all information collected to prosecute this criminal activity.
Model Releases
For User Content: You understand and agree that signed Model Releases are required by all performers for each production, including but not limited to their stage name, real name, date(s) of production, brief description of scene and specific reference allowing the sharing of Content with users and viewers of Content and specific reference allowing the commercial exploitation of Content on The Naked Factory, LLC Network of Sites and its marketing and Affiliate Partners.
Releases must provide You with the irrevocable, perpetual and unrestricted right and permission to take, use, re-use, publish, and republish video and photography in which model may be included, in whole or in part, or compoSites or distorted in character or form, without restriction as to changes or alterations, in conjunction with my own or a fictitious name, or reproductions thereof in color or otherwise, made through any medium at his/her studios or elsewhere, and in any and all media now or hereafter known, specifically including but not limited to distribution over the internet for illustration, promotion, art, editorial, advertising, trade, or any other purpose whatsoever.
Copyrights
Content shall be entirely original and not infringe upon any third-party rights, title or interest. Publisher indemnifies The Naked Factory, LLC from any damages suffered by it as relating to Content; Publisher represents and warrants that its intellectual property rights with respect to the Content are not contested; Content complies with all applicable laws, regulations, treaties and restrictions of the United States; no performers under the age of 18 appear in Content; no forced sex appears in Content; no bestiality appears in Content.
User Content
Subject to these terms of use, provisions and conditions, users may share of message photographs, images, graphics, comments, identifying information, video, and other content (“User Content”) to this Sites. When placing User Content on this Sites, you are reminded that other users of this Sites will have full access to all such content and that all such postings are non-confidential. Although legally not permitted to do so, users may copy and further disseminate User Content. You understand and acknowledge that by placing User Content on this Sites, all such content may be viewed by and/or forwarded to anyone by anyone and/or retained by anyone and/or utilized by anyone forever (even if User Content is removed from this Sites). User Content could be indexed, referenced, stored and re-printed by other users of this Sites (even if User Content is removed from this Sites to the extent that such other users may have downloaded or otherwise copied information from this Sites before removal). The Naked Factory, LLC, all thought not required to install measures to prevent the copying of User Content by third parties and is not required to take legal action on Your behalf against such third parties, will do it’s best to take actions to advert infringements upon any applicable copyrights by said third parties.
Review of User Submitted Content
You understand and acknowledge that The Naked Factory, LLC, consistent with its “Good Samaritan” rights under 47 U.S.C. §230, have the right at The Naked Factory, LLC’s sole and absolute discretion to review, delete, or refuse to post any information or material submitted for publication on this Sites. Without limitation, The Naked Factory, LLC reserves the right to terminate Your use of this Sites and/or to remove and/or edit any User Content, information, and/or material that (A) The Naked Factory, LLC believes violates these terms or use, provisions and conditions or otherwise breaches Your agreements with The Naked Factory, LLC; (B) creates any liability whatsoever for The Naked Factory, LLC (known or unknown); and/or (C) The Naked Factory, LLC deems objectionable or otherwise inappropriate. The foregoing notwithstanding, The Naked Factory, LLC’s failure to take any of the foregoing actions shall not, and shall not be deemed to, create any liability whatsoever for The Naked Factory, LLC.
No Agency/Employment Relationship
Except as specifically set forth in these terms of use, provisions, and conditions, Your use of this Sites and the content hereof and/or any third party Sites and the content thereof, and the provision of any information while using this Sites or any third party Sites (including, without limitation, e-mail services, if any) shall not create and/or constitute any business, joint venture, or other relationship between You and The Naked Factory, LLC. The Naked Factory, LLC does not undertake any duty to supervise any Publisher’s content or activity through the Sites at any time.
Publishers must pay all taxes, fees, or regulatory costs required as a result of any activity related to their involvement with the Sites.
Consequences of Publishing
You are solely responsible for any information You share with any user either through the Sites or otherwise and You specifically acknowledge that any information You share with another user should be considered public information. The Naked Factory, LLC has no control and takes no responsibility for any information you share with any user which is then used, shared, or in any way allegedly or misused. In such event, you acknowledge that your dispute will be directly with the user You believe to be responsible.
MasterCard Requirements
Publisher’s age and identify will be reviewed and approved by The Naked Factory, LLC’s Compliance Team, Publishers are required to provide two forms of government photo ID as well as a photo. All attestations must be digitally signed, dated and logged. Requirements for each upload include but are not limited to:
All persons depicted in the uploaded content must give written consent for the content to be distributed and downloaded on The Naked Factory, LLC Affiliated Sites, as well as consent for screenshots and 2-minute (or shorter) clips to be used for marketing on social media and affiliate marketing Sites.
Age and identity of all persons depicted is required. Specific requirements detailed during process.
Every upload is subject to automated and human review prior to publishing. This process and other aspects of our content management process are time intensive. Your Premium Videos page will provide an estimated release date for your uploads based on rate of queue processing.
Content that violates any Federal, State or local laws; illegal, or objectionable content is explicitly prohibited. Examples include, but are not limited to, child pornography, forced sex, soliciting sex, human trafficking, illegal drug use, obscenity.
If The Naked Factory, LLC Compliance detects illegal or objectionable content, it will be rejected and your account will be subject to immediate compliance review, potentially resulting in termination of your account and removal of all your content.
Users of Naked Factory Network have ability to Report content for a variety of reasons, including but not limited to Technical problem, Violent or repulsive content, Hateful or abusive content, Harmful dangerous acts, Child abuse, Infringements upon my rights, which will immediately take the content offline. Reported content will be reviewed by The Naked Factory, LLC and discussed with Publisher within 3 days. The Naked Factory, LLC reserves the right to terminate any Publisher for any reason. All stages of the reporting and review process are logged and subject to being shared with banking regulators.
Publishers may be subject to random, or targeted, review by The Naked Factory, LLC to verify that Publisher is compliant with its reporting requirements.
Compliance with Federal, State and local laws
You attest that uploaded content does not violate any Federal, State or local laws. Illegal acts include, but are not limited to, sex with real or perceived minors, simulated or real non-consensual sex (including but not limited to forced sex or rape), simulated or real incest, sex with animals, sex involving “obscenity” as defined by US Federal Code, hardcore drug use; or sex trafficking.
Guarantee
UNLESS OTHERWISE EXPRESSED, The Naked Factory, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
