NOTE: These Terms of Service were drafted in English. If these Terms of Service are offered in any language other than English it shall be for information purposes only and, in case of conflict between the English-language version and any translation thereof, the English-language version will prevail.
SUMMARY TERMS OF SERVICE
The following summary provides an overview for your convenience of Naked Enjoys most important terms that govern your use of Naked Enjoys (www.nakedenjoys.com, “the Website”). This is a non-binding summary of the applicable Terms of Service of the Website, that covers selected aspects of the same in a simplified manner. It is not a substitute for our binding Terms of Service, which include our policies and guidelines (“our Terms”). In all cases, our Terms prevail.
NOTE : Any capitalized terms not defined herein shall bear the meaning attributed to them in the Terms.
Our Terms contain the terms and conditions governing your use of, and access to, Naked Enjoys, its Content, functionalities, and services, and your contractual relationship with us, Naked Enjoys, as the operator of Naked Enjoys (“we”, “us”). They address the following points, among others:
Acceptance: By accessing, using, or visiting the Website, and/or any of its Content, functionalities, and services, you communicate your agreement to our Terms.
Termination: You may terminate our Terms at any time by deleting your account and refraining from further use of our services.
Age and Restrictions: You affirm that you are at least eighteen (18) years of age or the age of majority in the jurisdiction you are accessing the Website from. You also represent that the jurisdiction from which you access the Website does not prohibit the receiving or viewing of sexually explicit Content.
Changes: We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website in our sole discretion and without notice. We may amend our Terms. If we do, we will give you reasonable advance notice in a transparent manner. Unless otherwise specified by us, you will be deemed to have agreed to any such changes unless you notify us, in writing and prior to the effective date of the changes, that you do not agree. If you do not agree to the changes, you may no longer use the Website after the proposed changes come into effect. In this case, either you or we may terminate these Terms with immediate effect.
Third party content: When using the Website, you may be exposed to Content from a variety of sources for which we are not responsible. We also assume no responsibility for third party websites that may be accessed via links found, placed, or otherwise displayed on the Website.
Communication and Single Point of Contact: By registering as a User on this Website (and by using the same), you expressly and specifically consent to receiving electronic communications from us relating to your account. Naked Enjoys provides a single point of contact in accordance with the Digital Services Act (DSA), which you can use for communications on topics specific to the DSA: info@nakedenjoys.com.
License: We grant you a conditional, revocable, non-sublicensable, non-transferable, non-exclusive, limited license to access and use our Website solely for your personal use, conditioned upon your compliance with our Terms. You must view the Website in whole and as presented by its host.
Rules for Content and Uploaders: The Website is for adult-oriented Content. Some Content can only be uploaded after a verification process or after joining a partner program.
You represent and warrant that, with respect to all Content you may upload on this Website:
– The Content must not violate any applicable laws or infringe the rights of others.
– You have obtained the consent and release for every individual appearing in your Content.
– You have verified that each individual appearing in your Content was at least eighteen (18) years of age at the time of production and you have collected, examined and maintained sufficient record of this age verification.
– No individual appearing in your Content has been convicted of any crimes relating to sexual assault, sexual exploitation of a minor, trafficking, and other related criminal offences.
– The Content complies with our Terms. The Content does not contain or comprise of, for example: child sexual abuse material (CSAM), non-consensual content (NCC), revenge porn, blackmail, intimidation, fraudulent content, misleading content, and gambling.
In addition, there are further requirements in our Terms, including special terms for models and content partners, that must be accepted by joining our model or content partner program.
Prohibited Use: All Content uploaded to, and use of, the Website must be legal and follow our Terms and must, in particular, respect the section “Prohibited Uses and Reporting” of our Terms.
Reporting: Users are urged to report Content they suspect of being illegal or in violation of our Terms.
Monitoring and Enforcement; Termination: We have the right to enforce our Terms through appropriate measures we deem appropriate, which may include:
– Written warnings
– Restriction of visibility or accessibility of Content, your access to our services, monetization, earnings, and payouts
– Reporting to law enforcement
You may lodge a complaint within 6 months of being notified of our decision. You may not misuse this procedure. If you believe that any Content violates your copyright, you may also refer to our Copyright Policy for instructions on sending us a notice of copyright infringement.
Information about You and Your Visits: All information we collect on the Website is subject to our Privacy Notice. The Cookie Banner can be utilized to customize your cookie preferences. You can access the Cookie Banner anytime by clicking on the ‘Manage cookies’ option that is located at the footer of the Website.
Collection and Use of Your Usage Information by Advertisers and Others: Third parties that place advertising on this Website may have the ability to use cookies and/or web beacons to collect information, including information about your usage of this Website. We do not control the processes that advertisers may use to collect such information.
Linking to this Website and Social Media Features: You may link to this Website and use certain social media features, but always subject to the Terms.
Collection and Permitted Disclosure of Personal Information: This Website will not disclose any personally identifiable information we collect or obtain, except in the cases expressly provided in our Terms.
Indemnification: To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless this Website, us as its operator, and others as detailed in the Terms.
Disclaimer: You use the Website at your sole risk. We provide the Website “as is” and “as available”. Further details are provided in our Terms.
Limitation of Liability: Our liability is limited, as provided in our Terms.
Limitation on Time to File Claims: Any cause of action or claim must be commenced within a maximum of one (1) year after the cause.
Arbitration and Waiver of Certain Rights (US): Users located in the United States of America will resolve any disputes between us through binding and final arbitration instead of through court proceedings, as provided in more detail in our Terms.
Arbitration and Waiver of Certain Rights (EU): If you or your place of establishment is in the European Union, you may have the right to select a Dispute Settlement Body to assist in resolving any disputes with us. We are neither willing nor obligated to participate in dispute resolution proceedings with consumers before a consumer arbitration board under the EU Directive on Consumer ADR.
Law and Jurisdiction: Our Terms, your use of this Website, and the relationship between you and us shall be governed by the laws of the Republic of Cyprus. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to our Terms shall be in a competent court located in the Republic of Cyprus.
Termination: We may terminate our Terms for any or no reason at any time by notifying you through a notice on this Website, by email, or by any other method of communication.
The full Terms of Service can be found below and you are advised to read them before using the Website and accessing any of its Content, functionalities and services.
Compliance: This section provides further information as to what sort of Content is prohibited on the Website. It also provides useful links to our Community Guidelines, as well as to other explanatory and useful information that you have to be aware of when using the Website.
Anonymous Content Removal Request: This is the form under which you can anonymously report to us any Content that you may suspect is in violation of our CSAM Policy. Additionally, it provides the link to the general Content Removal Request, as well as links to selected policies and guidelines to assist you with the completion of your request.
Recommender System Guidelines: This policy outlines how we tailor recommendations to Users, prioritizing their privacy and safety, as well as compliance with applicable laws.
Trust and Safety: This section includes the applicable policies and guidelines that all Users should be complying with, including, but not limited to:
a. The Naked Enjoys Community:
-View Fraud: This section outlines our stance on fraudulent views, emphasizing that buying or faking views violates our Terms. It also acts as a warning to Users not to engage or participate in services that offer fake view boosts which could result in severe consequences, including account termination and permanent bans, as well as demonetization upon first occurrence and permanent banishment with forfeited earnings upon a second occurrence.
–Trust and Safety Initiatives: This section provides a list of the measures and initiatives we take to prevent and respond to illegal Content on the Website and to ensure user safety.
–Core Values: This section provides a comprehensive list of our core values, as well as guidelines on “dos” and “don’ts” when using the Website.