NaughtyFind.com, operated by [IVNG Media LLC] offers an online personal dating service to singles and to other similarly interested individuals, as well as a platform for postings, discussions, commentary, and communication (the "Service").
You must be at least eighteen (18) years of age to use this Service. By visiting the Website or accepting this Agreement, you represent and warrant to NaughtyFind.com that you: (i) are 18 years of age or older, and that you have the right, authority and capacity to agree to and abide by the Agreement; (ii) will use the Site in a manner consistent with any and all applicable laws and regulations; and (iii) have not been convicted of any felony and are not required to register as a sex offender with any government authority.
You may become a Member of the Service at no cost. However, as a paying Member, you will have the ability to participate in features unavailable to non-members. By becoming a Member you certify that the information you provide through our registration forms ("Registration Data") is accurate and complete, that you update your Registration Data promptly to keep it accurate and complete, and that you assume the risk of use of any unauthorized access to your Registration Data.
Any Member shall not create more than one account.
You are responsible for maintaining the confidentiality of the username and password and you are fully responsible for all activities that occur under your username and password. You agree to immediately notify NaughtyFind.com of any unauthorized use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. NaughtyFind.com will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling any auto-sign in features.
When you purchase paid membership through this Service you certify that (1) you are authorized to use any financial information you supply, (2) such information is true and complete, (3) that you will pay the posted price for the appropriate membership level.
By choosing a paid NaughtyFind.com membership, you are expressly authorize us to bill you the membership fee for the membership level you choose to enroll into. As used in this Agreement, "billing" shall indicate either a charge or debit, as applicable, against your payment method. If you initiate a chargeback or otherwise reverse a payment you made, we may in our discretion terminate your account immediately. If we successfully dispute the reversal, and the reversed funds are returned to us, you are not entitled to a refund or to have your account or subscription reinstated.
Expiring subscriptions, unless cancelled, will be automatically renewed for an additional equivalent period to the initial signup term, at the price agreed to when subscribing. Continued use of the Service reaffirms that NaughtyFind.com is authorized to bill you for automatic renewals. We reserve the right to change our paid membership pricing from time to time without notice. You expressly agree that renewals shall be billed at the changed membership price.
You may cancel your paid membership at any time. In the event that you cancel your membership before the termination of the subscription period, you may continue to use the Service until the termination of your subscription period.
Should you cancel your paid membership before the termination of the subscription term, or should we cancel your membership for violating any of the terms of this Agreement, you are not entitled to any refund.
You expressly agree to keep your billing information current, complete, and accurate. Additionally, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
This Agreement will remain in full force and effect while you use the Site and/or are a Member. You may terminate your membership at any time and for any reason. This Agreement will terminate automatically if you breach this Agreement. All decisions regarding the termination of accounts shall be made in the sole discretion of NaughtyFind.com. NaughtyFind.com is not required to provide you notice prior to terminating your membership and/or subscription. NaughtyFind.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. After your membership or subscription is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
NaughtyFind.com reserves the right to investigate and terminate your membership if you misuse the Service, if your conduct is inappropriate as determined in the sole discretion of NaughtyFind.com, or if your conduct is in any way unlawful or illegal.
You are not allowed to post any personal contact information on any public part of the Site. Public parts of the Site include without limitation the View Profile page, Member Forums, and Southbox. Users are only allowed to exchange information through chat or email.
Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Site. By posting information in or otherwise using any interactive service that may be available to you on or through this Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content - including text, communications, software, images, sounds, data, or other information - that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, or otherwise violates our rules or policies;
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
f. impersonates any person or entity, including any of our employees or representatives.
Posting the following types of images on the Site will result in automatic termination of your right to use the Site: (1) pictures of minors, (2) pictures of animals, (3) pictures consisting solely of inanimate objects, (4) pictures of cartoons, (5) pictures containing nudity, (6) pictures of people other than yourself.
NaughtyFind.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of NaughtyFind.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Member profiles content, profile comments, shoutbox comments, forum postings, and blogs are publicly accessible. The aforementioned parts of Naughtyfind.com may be indexed by any search engine. Take into consideration what personal information you post on the site as it may become public. We strongly advise against posting personal information such as social security numbers, addresses, phone numbers, email addresses, etc. IVNG Media LLC is not responsible for any personal information that you post on the site and which may become available to the public.
We respect the intellectual property of others, and we ask you to do the same. By posting content on this Site you represent and warrant that you possess all the legal rights to such content and that use of your content by NaughtyFind.com will not infringe or violate the rights of any third party.
NaughtyFind.com does not endorse any opinion, advice, or statements its users post on this Site. NaughtyFind.com shall not be responsible for any damage resulting from your reliance on such opinion, advice, or statements.
This site is an Internet "service provider" under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). As required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
[name, address, telephone, email address]
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed. In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS.
YOU UNDERSTAND AND AGREE THAT TRANSACTIONS BETWEEN MEMBERS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS USING THE SERVICE.
YOU UNDERSTAND THAT NaughtyFind.com MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED. NaughtyFind.com DOES NOT GUARANTEE THE ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONTAINED ON THE SITE. ALL SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
ADDITIONALLY, NaughtyFind.com DOES NOT OTHERWISE ENDORSE ANY INFORMATION CONTAINED ON THE SITE. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICE BY NaughtyFind.com, BY OUR PARTNERS, BY ANY USER OF THE SERVICE OR BY ANY OTHER PERSON OR ENTITY.
IN NO EVENT SHALL NaughtyFind.com BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. ADDITIONALLY, NaughtyFind.com SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE WEBSITE.
IN THOSE JURISDICTIONS THAT LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM OF FIFTY U.S. DOLLARS ($50.00).
EACH PARTY AGREES THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, NO CLAIM MAY BE CONSOLIDATED OR JOINED WITH MORE THAN ONE PERSON'S OR PARTY'S CLAIMS. UNLESS BOTH PARTIES AGREE OTHERWISE, NEITHER PARTY MAY JOIN ANY CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, EITHER PARTY MAY ONLY SEEK AND/OR ACCEPT AN AWARD OF RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND/OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).
You agree to indemnify and hold NaughtyFind.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Any waiver by NaughtyFind.com of any violation of any provision of this Agreement will not be deemed to waive any further or future violation of the same or any other provision. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then you and NaughtyFind.com agree that the remainder of the Agreement will be fully enforceable as if the unenforceable part or provision never existed.
Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in New York, state of New York, and may be conducted by telephone or online. The arbitrator shall apply the laws of the New York to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement.
The Agreement is made under and shall be governed by and construed in accordance with the laws of the State of New York.