WEBSITE USE AND MEMBERSHIP AGREEMENT
This Agreement describes your agreement with respect to your use and access to and/or membership with, Rude.com ("Website"). You must agree to abide by all of the terms and conditions contained in this Agreement in order to view, use or join the Website.
- GENERAL PROVISIONS.
- Acknowledgement. Your acceptance of the terms of this Agreement shall be demonstrated by accessing the homepage of the Website (currently located at www.Rude.com) or any subpage of the Website, including clicking any button or link containing the words "Enter", "I agree" or similar syntax, whether you have read these terms and conditions or not. You are encouraged to print a copy of this Agreement for your personal records.
- If you do not agree to be bound by the terms of this Agreement, you may not enter or use the Website, and you must exit the Website immediately. You agree to use and access the Website only in accordance with the terms of this Agreement. Please consult this Agreement regularly to ensure that you have read the most recent version of this document.
- You are solely responsible for obtaining access to the Website, including but not limited to the payment of all Internet access fees, and provision of equipment needed to access or participate at or through the Website.
- Modifications. We reserve the right to modify this policy, as well as our other Website policies and agreements, at any time, for any reason and in any manner. Your use of this Website after such modifications have been posted at or through the Website shall be deemed your acceptance of such modified terms and conditions. We may change, suspend or discontinue any aspect of the Website at any time. We may also impose limits on certain features and services or restrict access to parts or the entire Website without notice or liability.
- Content. The Website contains information, images, photographs, videos, streaming media, text, and other materials (collectively, the "Content") that are provided for your review, convenience and enjoyment. Any user who provides the Content to the Website holds, and shall continue to hold all ownership rights in and to such materials, subject to the limited license conveyed to the Website in this Agreement. You shall not post any materials that state, implicitly or explicitly, that the Website requires or maintains any ownership interest in any Content uploaded by any user of the Website. You understand and agree that we have no obligation to post or publish any material or content that you or any other user or member submits to the Website.
We reserve the right, in our sole and absolute discretion, to edit, remove or delete any material or content submitted by any user or member and to prohibit, suspend, or cancel any access to the Website for any reason whatsoever.
- License. By uploading or otherwise providing Content to the Website, you hereby grant to the website and Rude Management Inc. (“company”) a limited, non-exclusive, perpetual, royalty-free, non-terminable, worldwide license to use, copy, reproduce, display, edit, distribute and create derivative works of such Content at or through the Website or any other Internet Property the company owns. You represent and warrant that (i) you are the owner or authorized licensor of such Content, (ii) you have the authority to grant the license described in this paragraph, (iii) the Content you provide does not infringe the privacy or intellectual property rights of any third party, and (iv) you will not upload, and will immediately remove, any Content provided by you which violates any law of any jurisdiction in which such materials may be viewed.
- No Endorsement. You understand and agree that the Content might contain errors, omissions, inaccuracies, misinformation or outdated information. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and shall not be liable for any lack of the foregoing. Descriptions of, or references to, services, claims, products or publications at, through or within the Website does not imply endorsement of any service, claim, product or publications.
- Nature of Content. You further acknowledge and agree that all Content displayed at or through the Website is protected by the rights of free speech, free expression, and freedom of the press, and parallel provisions of any relevant constitutional provision(s) and/or country or state constitutions. You acknowledge that the Website may offer online content that could be deemed "adult" or "erotic" in nature. Additionally, you acknowledge that part or all of the Content available at or through the Website may contain graphic visual depictions, graphic audio, and descriptions of sexually oriented, explicit, offending, or disturbing activities. You acknowledge that you are aware of the nature of the Contents provided at or through the Website, that you are not offended by such Content, and that you access the Website voluntarily and willingly. You agree that you are not seeking information regarding illegal activities through this Website.
You further agree to access the Website only if you believe, upon diligent investigation, that the Content does not offend the community standards prevalent in your community. You shall not use or access the Website if doing so would violate the laws of your state, province or country.
- Restrictions. You represent, warrant and covenant that you are at least eighteen years old, and you will not upload, post, transmit, distribute or otherwise publish through the Website any Content which:
- Restricts or inhibits any other user from using and enjoying the Website;
- Are unlawful, threatening, abusive, libelous, defamatory, or obscene;
- Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law;
- Violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party;
- Contain a virus or other harmful or potentially harmful component;
- Contain any information advertising, or references to other websites, of any kind; and/or,
- Constitute or contain false or misleading indications of origin or statements of fact.
- Zero Tolerance for Child Pornography. The Website has a ZERO tolerance policy regarding child pornography. You shall not upload to the Website, or encourage or permit others to upload to the Website, any Content that contains, in part or in whole, any pictures, videos, or images of any person(s) under the age of eighteen. This restriction shall apply in all cases, regardless of whether the minor depicted in such pictures, videos or images is clothed or not. Simply put: No children allowed under any circumstances, no exceptions. We reserve the right to delete any Content that we feel, in our sole and absolute discretion, contains images of minors. Further, we reserve the right to aid and provide any law enforcement agency in the investigation of any allegations or occurrences of child pornography.
If you identify any images, real or simulated, depicting minors engaged in sexual activity within the Website, you are required to report the images to the Website immediately at email@example.com. Include with your report any appropriate evidence, including the date and time of identification. All reports will immediately be investigated. If you suspect other outside websites are participating in unlawful activities involving minors, please report them to www.asacp.org. Users should implement parental control protections, such as computer hardware, software, or filtering services, which may help users to limit minors’ access to harmful material.
- YOUR ACCESS TO THE WEBSITE; LIMITED LICENSE.
- Access. In order to use the Website and benefit from all of the services the Website offers, you may have to provide the Website with certain information about yourself, such as your name, physical and email address, and credit card information. It is a condition of your use of this Website that all information you provide will be correct, current, and complete. If your information is not correct, current, or complete, we reserve the right to refuse you access to the Website and/or the resources of the Website. This may include, but shall not be limited to, our refusal to credit your account with any points, chips, or credits which you would otherwise acquire at or through the Website, and to terminate or suspend your access to the Website without prior notice to you.
- Credits. Credits. Certain portions of the Website allow you to earn credits or "Chips", which you may spend as indicated at the Website. You acknowledge and agree that that the Chips have no cash value, are non-transferable, and can only be used at or through the Website. If you have acquired Chips, we will require that you maintain your current and correct information with us. You acknowledge and agree that if your information is incorrect, deficient, or incomplete to any extent, you forfeit all Chips in your account. All purchased chips expire in 60 days from date of purchase.
- License. Subject to your strict adherence to the terms of this Agreement, we hereby grant to you a limited, nonexclusive, nontransferable, personal license to access, view and use the Website and the Content contained therein. The Content is solely for your personal, non-commercial use, and all other uses are strictly prohibited. The Website reserves the right, but not the obligation, to limit the scope, type or amount of Content viewed. Any use of the Website or Content outside of the terms of this Agreement terminates this limited license immediately. You represent and warrant that you will not copy or redistribute any of the Content, unless expressly permitted to do so by the Website.
- Registration. In order to become a member of the Website you will need to complete an online registration form, which must be accepted by the Website. In completing the registration form, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website. We reserve the right to disallow the use of usernames that we, at our sole discretion, deem inappropriate. We reserve the right to cancel at any time the membership of any member who uses their selected username in violation of the terms of this Agreement or in any other way that we, in our sole discretion, deem inappropriate.
- Fees. In order to access certain features or functions of the Website, you may be required to pay a fee. You agree to pay all Website fees when due according to these billing terms. All fees are nonrefundable. The Website reserves the right to contract with a third party to process all credit or debit card payment, which third party may impose additional terms and conditions governing payment processing. Your account will be deemed past due if it is not paid in full by the payment due date. If your account becomes past due more than thirty (30) days after the invoice date, you agree to pay interest on the past due amount at a monthly rate of 1.5%, or the highest amount allowed by law, whichever is lower, compounded daily, plus any additional collection costs, credits, charge backs and attorneys’ fees. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder.
You agree to pay all amounts due to us immediately upon cancellation or termination of your account. We reserve the right to make changes to our fees and billing methods, including the addition of supplemental charges for any content or services provided by the Website, with or without prior notice to you, at any time.
- Billing Errors. If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.
- ADDITIONAL RESTRICTIONS.
- No Duplication. Unless otherwise authorized by the Website, you shall not copy or duplicate the Website or the Content, in part or in whole, unless expressly permitted by this Agreement.
- If you create a link to this Website, you shall not create a browser or border environment around any of the Content. Similarly, framing or utilizing any framing techniques in connection with the Website or any of the Contents contained therein is strictly prohibited. You may link to the Website’s homepage (i.e., www.rude.com), but shall not “deep link” past the homepage or replicate the Content. In addition, you shall not imply that the Website is endorsing or sponsoring any services or products on any third party website.
- The Website contains links and pointers to other World Wide Web sites and resources. If you click on these links, you will be redirected to other websites that are neither owned nor controlled by Rude.com (collectively, "Third Party Sites"). We have no control over the statements, products or services featured or sold at the Third Party Sites. Links to Third Party Sites do not constitute an endorsement by Rude.com of the Third Party Sites, nor any of the statements, products or services offered or sold at the Third Party Sites.
- Security. Upon registering as a member with the Website, you must choose a user name and password for your account. You may change your password at anytime through the options available at your Rude.com personal homepage (also called "RudePage"). You are responsible for the security of your user name and password. If you believe that either your user name or password has been compromised, you should change your password immediately. You acknowledge and agree that the Website shall not be responsible for any use or misuse of your RudePage, your Credits, or any materials posted at or through your account which result from the unauthorized use of your RudePage. You shall not circumvent any encryption or other security tools used anywhere on the Website, including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Website.
- Overuse. You shall not take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure. In addition, you shall not use any device, software or routine to bypass any operational element of the Website, nor shall you interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted at or through the Website.
- Etiquette. We reserve the right, but not the obligation, to monitor areas of the Website, including but not limited to the chat areas of the Website. If we determine that your activity at the Website is unreasonable or obstructive, you will be banned from the Website. You shall not harass or "stalk" any user or member of the Website, or any model depicted on the Website. In addition, you shall not collect or store any information regarding any other user or member of the Website, except as specifically provided by the normal operations of the Website. If you participate in any chat or other method of communication at the Website, you agree to refrain from publishing, disseminating or submitting any defamatory, offensive or material that infringes the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights while using the Website or other services accessible at or through the Website.
- TERMINATION. You may cancel your membership at any time by sending an email to the Website and providing us with your user name and password. You hereby agree to be personally liable for any and all charges incurred by you until termination of membership for goods or services through your use of the Website. In the event that your account is canceled by you, no refund, including any fees or Credits, will be granted or provided to you.
- WARRANTY; LIMITATIONS.
- THE WEBSITE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, RUDE.COM MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER ABOUT:
- THE CONTENT ON THE WEBSITE;
- THE CONTENT, FUNCTIONS, MATERIALS AND INFORMATION ACCESSIBLE THROUGH THE WEBSITE;
- ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR,
- ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE.
- RUDE.COM DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RUDE.COM DOES NOT WARRANT THAT THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RUDE.COM SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
- RUDE.COM DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE.
- Under no circumstances shall Rude.com be liable for any special, incidental, indirect, punitive or consequential damages that are directly or indirectly related to the use of, or the inability to use, the Website even if we have been advised of the possibility of such damages.
- You agree to indemnify Rude.com, its officers, employees, owners, representatives, agents, subsidiaries, affiliates, officers, partners, suppliers, and licensors (hereinafter individually and collectively referred to as "Indemnitees") and Rude.com agrees to control any litigation, negotiations, discussions, settlements, or associated dealings, for any claims, demands, penalties, fines, liabilities, attorneys' fees, court costs, legal expenses and causes of action of any nature, whether civil or criminal, for losses and/or damages of any kind which may be brought against Rude.com and/or Indemnitees, in any way, directly or indirectly, incident to, arising out of, in connection with or resulting from your use of the Website.
- You expressly agree that use of the Website or any of the Content is at your own and sole risk.
- MISCELLANEOUS. Notwithstanding any provision to the contrary, this Agreement and the interpretation of its terms shall be governed and construed in accordance with the laws of the Country of Nevis, without regard to its conflicts of laws rules. The parties consent to the sole and exclusive jurisdiction and venue of the courts in Nevis for all matters arising out of, or related to, this Agreement. This Agreement contains the sole and entire agreement between the parties with respect to the subject matter of this Agreement. Captions contained in this Agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any provision of this Agreement. It is the intent of the parties that neither this Agreement, nor any covenant in this Agreement, shall be construed against either party pursuant to the common law rule of construction against the drafter.
If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this Agreement.