nudoos terms and conditions

  1. Introduction

    Welcome to Nudoos. This is a social networking website that allows you to share information with friends and other users. This service is carried out by Nudoos Limited ("Nudoos", "we", "us") and constitutes the website and any associated applications or features provided by us or any affiliated organisations or companies (called collectively "Nudoos Services").

    These Terms and conditions are between Nudoos and any user ("you", "user") of Nudoos Services. By visiting and using this website through any means you signify that you have read, agree and are bound to these Terms and Conditions.

    We reserve the right to amend these Terms and Conditions in any way at our sole discretion and any amendments will be posted on this page of the website. We may also send out an email to our registered Users to inform them of any such changes.

    PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS THEN DO NOT USE THE WEBSITE AND ANY RELATED SERVICE WE PROVIDE. CONTINUED USE BY YOU, EVEN UPON AMENDMENTS TO THE TERMS AND CONDITIONS, SIGNIFY THAT YOU REMAIN IN AGREEMENT AND BOUND TO THESE TERMS AND CONDITIONS.

  2. Eligibility

    Users must be over 13 (thirteen) years of age to use the Nudoos Services. By using this website and/or Nudoos Services you represent and warrant that you are 13 years or older and have the capacity to understand, agree to and comply with these Terms and Conditions.

  3. Registration

    When you register as a user to this site it will be necessary to create a user name (valid email address) and password. As a user it is your responsibility to maintain the security of your password. You will be responsible for any activity that takes place under your username. Any username that may cause an infringement of copyright or trademark, or is deemed offensive or inappropriate may be refused by us.

    When registering you must provide true, accurate and complete information relating to you and ensure this information remains accurate and up to date. Use or membership with the Nudoos Service is void where prohibited.

    We reserve the right to cancel any membership or account if it remains inactive for more than 180 days.

  4. Conduct

    Nudoos Services are made available to you for non-commercial, personal use only and are not to be used for any illegal, unauthorised or inappropriate use. Users outside of the United Kingdom agree to abide by all local rules relating to conduct on the Internet, including but not limited to appropriateness and acceptability of material or content and import or export of data from your country of residence to the United Kingdom.

    You are solely responsible for your conduct and the content you supply or display on the Nudoos Services, including but not limited to audio files, data, graphics files, information, text, video files ("User Content").

    Although we are not obliged to, we may remove, prevent or limit access to User Content that we deem is inappropriate, defamatory, libellous, unlawful, objectionable, threatening, or infringing upon any intellectual property or proprietary rights.

    We are not under any obligation to monitor User Content for accuracy or truthfulness nor to monitor the use of the Nudoos Services by any User. The list below provides examples, but is not limited to, activities that you as a user agree not to carry out whilst using Nudoos Services:

    • Make available any material that is defamatory, harmful, hateful, obscene, inappropriate, indecent, infringing, illegal, libellous, profane, or racially, ethnically or otherwise objectionable
    • Use the Nudoos Services in any way that could intentionally damage, disable, impair or overburden the website
    • Submit or attempt to submit User Content of any third party without prior written consent from that third party
    • Submit or attempt to submit User Content that claims or implies that it is endorsed or sponsored by Nudoos
    • Submit or attempt to submit User Content that is illegal, unlawful, or encourages or promotes illegal or unlawful acts that may violate the rights of others
    • Submit or attempt to submit User Content or any other material that contains any form of software virus, or other programs of this nature that are designed to destroy, interrupt, or limit in anyway the functionality of any electronic equipment
    • Submit or attempt to submit User Content that in any way infringes a copyright, patent, trade secret, trademark, rights of privacy or publicity, or other proprietary right of any party or that infringes any intellectual property law or any other applicable law
    • Attempt to gain access to the Nudoos Services in an unauthorised manner, such as but not limited to, through password mining
    • Attempt to disseminate any unauthorised or unsolicited advertising or promotional campaigns by using the Nudoos Services as a means to achieve this
    • Create a misleading or false identity to mislead others as to your identity for any means whatsoever
    • Collect or harvest email addresses or other contact information of Users from the Nudoos Services by any means
    • Violate the rights of other users by abusing, defaming, harassing, stalking, threatening or by any other method
    • Use other Users' personal data for purposes other than making contact in a manner that is to be expected or welcomed by other Users
    • Frame or reformat any part of the Nudoos website pages
    • Attempt to adapt, modify, reverse engineer, translate, or retrieve or index any part of the Nudoos Services, unless authorised to do so by Nudoos
    • Make available via Nudoos Services any content that in the sole judgement of Nudoos is objectionable or that restricts or inhibits any other User from enjoying or using the Nudoos Services, or that may expose Nudoos or any of its Users to any harm or liability of any type

  5. User Content

    You hereby agree that as a User, you will not submit, post, transmit, or share User Content on the Nudoos Services that you did not create or that you do not have permission to post. In addition you understand and agree that Nudoos in its sole judgement may, but is not obligated to, review the Nudoos Services and without notice delete or remove any content that violates these Terms and Conditions, or which might be offensive, illegal, or that might harm or threaten the safety of others, or violate their rights. As a User it is your sole responsibility to create back-up copies of any User Content you provide to the Nudoos Services, which you carry out at your own cost. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of any User Content submitted by you to or through the Nudoos Services.

    You retain any ownership rights of any User Content submitted by you on the Nudoos Services and you continue to have the right to use this material in any way you choose. By submitting any User Content on the Nudoos Services you hereby grant Nudoos a limited licence to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content solely in connection with the Nudoos Services or advertising or promotion thereof. At the time that you remove your User Content from the Nudoos Services this limited licence will be terminated. Upon termination of this limited licence Nudoos reserves the right for other Users to continue to use any of your User Content that are not music or videos, and to remove any and all of your User Content if we so wish.

  6. Site Content

    Nudoos Limited own and retain all rights in the Nudoos Services, including the website that contain confidential and proprietary information. Unless authorised by Nudoos you may not reproduce, copy, modify, publish, display, sell, distribute, transmit or perform any of Nudoos' proprietary information. Nudoos is the owner of the "Nudoos", "Nudoos Getting Together" and "Eventbook" marks, among others.

  7. Copyright

    Nudoos prohibits its users from submitting, attempting to submit or posting User Content that infringes upon another party's intellectual property rights. If we receive a valid notification of infringement we will remove or prevent the material in question. Users who repeatedly infringe upon another party's intellectual property rights will have their User accounts terminated.

    If you believe that any material on the Nudoos Services infringes upon a copyright you own or control you may send a written Notification of Infringement via email to: copyright@nudoos.com

    Any communication should contain the heading "Notification of Infringement" and include the following information:

    1. A statement confirming that you have identified material on the Nudoos Services that infringes material you own or control
    2. Description of the material you feel has been infringed upon and how you feel it has been infringed
    3. Location of the material on the Nudoos website
    4. The countries where the copyright applies
    5. Contact details for you (name, address, telephone number and email address)
    6. Confirmation that the User who is alleged to have infringed may contact you to resolve the issue
    7. A statement by you that the information provided in your Notification of Infringement is accurate and that, under penalty of perjury, you attest that you are the copyright owner or you are authorised to act on behalf of the copyright owner
    8. Electronic signature of the copyright owner or the person authorised to act on the copyright owner's behalf

    We recommend that you take independent legal advice regarding infringement of copyright material if you are unsure. If you believe that any of the User Content you have submitted or posted to the Nudoos Services has been removed in error, it is possible to submit a Counter Notice via email to: copyright@nudoos.com

    Any communication should contain the heading "Counter Notice" and include the following:

    1. Details of the information that you feel has been incorrectly removed or disabled from the Nudoos website
    2. Contact details for you (name, address, telephone number and email address)
    3. Confirmation that the you will accept communication from the person who alleged the infringement in question
    4. A statement by you confirming that the information has been removed or disabled from the Nudoos website in error
    5. Electronic signature from you We recommend that you take independent legal advice regarding infringement of copyright material if you are unsure.

  8. Third Party Sites

    The Nudoos Services including the website may contain many links to external third party websites. We do not endorse any third party external websites and cannot be held responsible for any of the information or content displayed on any such website.

  9. Privacy

    At Nudoos we take your privacy very seriously. The collection and use of any personal information is governed by our privacy policy (click on the link to view).

    Information collected via the Nudoos Services will be stored and processed in the United Kingdom. If you are using the Nudoos Services from outside of the United Kingdom you hereby consent to the transfer of any personal information to the United Kingdom.

  10. Termination

    As a User you can at any time terminate your account with Nudoos, which will remove from view your profile and other personal information held in your individual account. To cancel your account click here. We may terminate your account for any reason, or for no reason, at any time and at our sole discretion and once terminated you have no right to use the Nudoos Services.

    From time to time Nudoos may, at our sole discretion, terminate or suspend the Nudoos Services, or any part of it, with or without notice. By agreeing to these Terms and Conditions you agree to any termination or suspension of the Nudoos Services. We will endeavour to provide Users with fair notice where possible but Nudoos will not be responsible to you or any third party for termination, suspension or modification of the Nudoos Services by us.

  11. Disclaimer

    Nudoos is not responsible or liable in any way for any User Content or Third Party Websites submitted or posted on the Nudoos Services including the website.

    As a responsible company we provide these rules for the conduct of Users. We cannot control or be held responsible for the User Content posted or submitted by Users and are therefore not responsible for any illegal, inappropriate, obscene, offensive, or otherwise objectionable content that you may find on the Nudoos Services including the website. In addition, we cannot be held responsible for the online or offline conduct of any User of the Nudoos Services including the website.

    The Nudoos Services, including the website may from time to time become unavailable due to maintenance or other reasons. Nudoos cannot be held responsible for any error defect, delay, deletion, interruption, or omission in the operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of User communications. Under no circumstances will Nudoos be held responsible for loss or damage to any User Content or to any personal loss, damage, injury or death resulting from the use of the Nudoos Services by any person whether this is online or offline.

    USE OF THE NUDOOS SERVICES IS CARRIED OUT ENTIRELY AT YOUR OWN RISK. THE NUDOOS SERVICES IS PROVIDED "AS-IS" AND WITH NO WARRANTIES WHATSOEVER. WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, FREEDOM FROM COMPUTER VIRUS, NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND TITLE.

    We reserve the right to change any and all of the content of the Nudoos Services without notice. Any reference to a product, service, trademark or other information contained within the Nudoos Services does not imply endorsement, sponsorship or recommendation by Nudoos.

  12. Liability Limitation

    NUDOOS WILL NOT BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR LOSS OR DAMAGES, WHETHER THEY ARE DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR SPECIAL, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, OR GOODWILL, THROUGH USE OF THE NUDOOS SERVICES INCLUDING THE WEBSITE. WHERE APPLICABLE THE LIABILITY OWING TO YOU WILL BE LIMITED AT ANY TIME TO A SUM EQUAL TO THE AMOUNT OF MONEY PAID BY YOU, IF ANY, FOR THE USE OF OUR SERVICES DURING YOUR MEMBERSHIP BUT IN NO CASE WILL NUDOOS' LIABILITY EXCEED THE SUM OF £750.

    This does not include or limit our liability:

    1. for death or personal injury caused by our negligence;
    2. for fraud or fraudulent misrepresentation; or
    3. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

  13. Miscellaneous

    These Terms and Conditions are governed and construed by the laws of England and Wales and all parties agree to submit to the jurisdiction of the courts of England and Wales for any dispute.

    Nudoos cannot be held responsible for delay or failure to perform directly or indirectly as a result of any acts of nature or events out of its control.

    These Terms and Conditions constitute the entire agreement between Nudoos and you and supersede any previous agreement whether written or oral. A waiver of any part of these Terms and Conditions will only become effective if they are provided in writing to the other party and signed. If any part of these Terms and Conditions is held as being invalid then the remaining parts shall remain valid, and if any parts are deemed unlawful, void or unenforceable then they shall be deemed invalid and the remaining parts will remain valid and enforceable.

Last revised 24 June 2009