BY USING OUR WEBSITE AS A Exibitionist YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
Introduction: These Terms of Use for Exibitionist are additional terms which apply if you use The Naked Factory, LLC network of sites as a Exibitionist (also referred to as “you” and “your” in these Terms of Use for Exibitionist ). These Terms of Use for Exibitionist form part of your agreement with us.
Interpretation: In these Terms of Use for Exibitionist , 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 Exibitionist – which does not form part of your agreement with The Naked Factory, but which governs and sets out the terms applicable to each Voyeur/Exibitionist 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 Exibitionist 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 “Exibitionist 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 Exibitionist Earnings are paid to you in the way described in the Payouts to Exibitionist section below.
How to set up your account as a Exibitionist account: To set up your account as a Exibitionist 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 Exibitionist 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 Exibitionist account for any reason.
Once you have set up your account as an Exibitionist 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 Exibitionist : Only individuals can be Exibitionist . Every Exibitionist 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 Exibitionist 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/Exibitionist Transactions: This section describes the terms which apply to Voyeur/Exibitionist Transactions:
All Voyeur/Exibitionist Transactions are contracts between Voyeurs and Exibitionist on the terms of the Agreement between Voyeur and or Exibitionist . Although we facilitate Voyeur/Exibitionist 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 Exibitionist or any other contract which may exist between a Voyeur and or Exibitionist , and are not responsible for any Voyeur/Exibitionist 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/Exibitionist Transaction has been confirmed, you must perform your part of such Voyeur/Exibitionist Transaction (for example, by allowing the Voyeur to view the Content on your Exibitionist 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 Exibitionist 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 Exibitionist 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 Exibitionist 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 Exibitionist .
Requirements – Advertising Content: You must ensure that any Advertising Content which you post to your Exibitionist 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 Exibitionist 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 Exibitionist 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 Exibitionist 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 Exibitionist Earnings to be paid to the account of the Exibitionist to which the Co-Authored Content is uploaded. The Exibitionist 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 Exibitionist Earnings earned on any Co-Authored Content in which you appear but which is posted on another or Exibitionist ’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 Exibitionist , terminate your account, and/or withhold all or any portion of Exibitionist 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 Exibitionist (s) who posted Co-Authored Content or the individual(s) who appeared in the Co-Authored Content (as applicable).
Payouts to Exibitionist :
All Voyeur Payments will be received by a third-party, CCBill, Paypal, PaymentNow and our Fee will be deducted from the Voyeur Payment received and your Exibitionist Earnings will be held by us on your behalf.
Your The Naked Factory, LLC network of site saccount will be updated within a reasonable time with your Exibitionist Earnings. Your Exibitionist Earnings will become available for withdrawal by you from your The Naked Factory, LLC network of sites account once such Exibitionist Earnings appear in your The Naked Factory, LLC network of sites account.
To make a withdrawal of Exibitionist Earnings from your The Naked Factory, LLC network of sites 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 Exibitionist Earnings at the relevant time. All Voyeur Payments and Exibitionist Earnings are transacted in USD only. If you have chosen the CCBill Payout Option then the Voyeur Payments and Exibitionist Earnings figures will be reflected in your local currency, at an exchange rate controlled by CCBill. 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 Exibitionist 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 Exibitionist Earnings:
We may withhold all or any part of the Exibitionist 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 Exibitionist Earnings result from unlawful or fraudulent activity, either by you or by the Voyeur who made the Voyeur Payment resulting in the Exibitionist 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 Exibitionist Earnings result from unlawful or fraudulent activity, we may notify you that you have forfeited your Exibitionist Earnings.
Promoting Tax compliance
We recommend that all Exibitionist 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 Exibitionist , 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.
