TERMS & CONDITIONS

USER AGREEMENT (“AGREEMENT”)

ACCEPTANCE OF TERMS THROUGH USE

By using this site or by ticking “I agree” to this Agreement, you signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this site and do not click ‘I agree’. Please check this Agreement periodically for changes as the owner of this site Theme Park AG (“The Company”) reserves the right to revise this Agreement and your continued use of this site following the posting of any changes to the Agreement constitutes acceptance of such changes. The Company reserves the right to terminate your use of this site at any time without notice and may do so for any breach of this Agreement or the instructions on this site by you.

DudesNude is a Theme Park AG brand.

AGE OF CONSENT

You must be at least 18 years of age, or the age of consent in the Country in which you live (whichever is the older). The Company reserves the right to suspend or delete your user profile if we have reason to suspect you may not be at least 18 years of age.

SUPPORTERS

If you choose to become a supporter and pay for the additional privileges that entails, your supporter status is for the period specified. Supporter fees are at the rate prevailing at the time of purchase or renewal (as appropriate) as posted on this site.

YOUR PROFILE

We advise you to keep a separate record of your profile if it contains important information or if you would not want to have to replicate it if the data is lost or corrupted – we take all reasonable precautions to protect your data (including regular backups) but we cannot guarantee that we will not lose the data. We accept no liability for any loss arising from such lost or corruption of your data.

UPTIME

We aim for as near to 100% uptime as is reasonably possible but we do not guarantee any levels of service and we will not accept responsibility for any losses arising from downtime.

ADULT CONTENT

This site contains sexually explicit content. By accepting this Agreement or proceeding to access this site, you agree that you desire to receive or view any sexually explicit material which may be found on this site, and that viewing and downloading of sexually explicit content is not illegal in your community. You agree that sexual acts involving consenting adults are neither offensive nor obscene, and that individual profile owners are wholly responsible for any content they may have published or uploaded to our servers.

LICENCE TO USE THIS SITE

Upon your agreement to this Agreement, the Company grants you a non-exclusive, non-transferable limited licence to use this site in accordance with the terms and conditions in this Agreement and as permitted via instructions on this site. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all content and services available on this site are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the Europe, U.S. and internationally. All rights not expressly granted herein are fully reserved by the Company.

LICENCE RESTRICTIONS

Content posted/published

You acknowledge that you are fully responsible for any content posted by you on this site including its legality, reliability, appropriateness, originality and copyright. You represent and warrant that any content posted on this site does not infringe the rights of any third party.

Certain content is banned from this site. The non-exclusive list of content that may not be uploaded or published to this site includes content which:

• is illegal in the Europe or the U.S, or is likely to be regarded as obscene or offensive to the online community 
• depicts or promotes any activity which is illegal in Europe or the U.S.
• depicts subjects under the age of 18 years in a sexual manner
• is libelous, defamatory, harasses or promotes bigotry or hatred against any group or individual 
• you do not hold copyright or rights to publish
• solicits passwords, user accounts or other personal identifying information
• advertises commercial products and services

When content published by you on this site portrays any of the subjects in a sexual manner, you must hold a signed letter of consent to publish on this site from all subjects who appear or feature in the content and agree to surrender copies of such to us or our agents as we may from time to time require.

You agree to comply with 18 u.s.c US 2257 with regard to all sexually explicit visual (still image or video) content you publish on this site, and warrant that you hold at your home address copies of admissible photo identification proving that all persons appearing in the content were at or over the age of 18 years at the time the content was created and additionally agree to hold archives of all such content that may at any time have been published by you to this site and to surrender such photo identification or historical archived content to us or our agents as we may from time to time be require.

By uploading content to the site you grant us (and warrant that you have the right to grant) a licence to publish such content on this site.

The Company reserves the right to review and delete any content held on its servers, including photos, videos, text, messages without justification.

CONDUCT

You agree to treat other users of this site with respect and consideration at all times and not to insult annoy harass users or use foul threatening racist or bigoted language for any reason whatsoever. You agree not to use this web site to contact or communicate with or to facilitate or solicit contact or communication with any person under the age of 18 (or the age of consent in the area which you live, whichever is the older).

COMMERCIAL USE

This site is for personal non-commercial use. Organizations, companies and individuals are forbidden to promote their services using this website without our express permission. You agree not to advertise to nor solicit from any other user commercial services and/or products.

DISPUTES

You are solely responsible for your interactions with other users. We have no obligation, but reserve the right, to arbitrate in the case of disputes between users.

USE

Except as may be explicitly permitted through this site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

SECURITY

You agree that if we issue you with a user token and/or password you will not allow access to this site through your user token and/or password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a password not easily guessed by a third party.

You are liable for whatever arises (including any breach of this Agreement) if your user token and/or password are used by someone else to gain access to your user account.

You agree that you will not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that we will pursue such penalties to the full extent of the law to protect our rights and the rights of our other licensors.

INTERNATIONAL USERS

Accessing this site, and services, products or contents available on this site, except as expressly allowed through instructions and truthful statements by you in regard to use of this site, from places where their contents are illegal, is prohibited. If you choose to access this site from locations outside of Europe or the U.S., you do so knowingly on your own initiative and voluntarily at your own risk and are responsible for compliance with local laws.

TRADEMARKS

Our own, our licensors’ or other third party materials, services or products referenced on this site are common law or registered trade marks or service marks of such parties.

THIRD PARTY SITES

You may be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read such sites’ Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of the Company, are not monitored or reviewed by the Company, and the Company is not aware of the contents of such sites. You acknowledge that the Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link or frame does not imply our endorsement of such sites, our advertisers or licensors, and is provided solely for your convenience. You agree that neither we nor our licensors have any liability whatsoever from such third party sites and your usage of them.

DISCLAIMER OF WARRANTIES

NEITHER WE NOR OUR ADVERTISERS,LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF IT, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH IT. ALL INFORMATION AND USE OF THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE AND OUR ADVERTISERS AND OUR LICENSORS DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH IT, INCLUDING ALL EXPRESS, STATUTORY AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER WE NOR OUR ADVERTISERS OR OUR LICENSORS WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. YOU AGREE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES,REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL WILL TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF YOUR JURISDICTION.

LIMITATION OF LIABILITY

ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY AND THAT OF, ADVERTISERS AND OUR LICENSORS’ IN SUCH JURISDICTIONS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.

INDEMNIFICATION

You agree to indemnify us and our advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your breach of this Agreement. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

LEGAL COMPLIANCE

We may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges you have used this site for any purpose that violates any applicable laws including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene, that may harass or assault others, that we may disclose your the User to this site if requested by a government or law enforcement body or as a result of a subpoena or other legal action.

CHOICE OF LAW AND FORUM

This site is controlled by us from our offices in Switzerland. It can be accessed from other countries around the world to the extent permitted by that country. As each of these places has laws that may differ from Switzerland, by accessing this site, you agree that the laws of Switzerland will apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles. You agree to submit to the exclusive jurisdiction and venue of Switzerland and any legal proceedings will be conducted in English or German. We make no representation that materials on this site are appropriate or available for use in other locations and accessing them from territories where their contents are illegal is prohibited.

MISCELLANEOUS

If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions will not be affected and this Agreement, as much as possible under applicable law, will continue in full force and effect as if such unenforceable provision had never constituted a part of this Agreement and the unenforceable provision will be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law.

CUSTOMER QUERIES AND COMPLAINTS

All customer queries are handled by email. Please send an email to support@dudesnude.com if you have any questions, problems or complaints.