Disclaimer | Copyright | Trademarks
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By accessing any areas of this site or purchasing products or services, users ("Users") agree to be legally bound and to abide by the TERMS set forth below. This web site is managed and owned by NakedModern, LLC (“NakedModern” or “NM”) and NM reserves the right to change these terms at any time, and Users agree to be bound thereby. As used herein, NakedModern includes its subsidiaries and affiliates, members, directors, officers, employees and agents thereof, and successors and assigns thereto.
Proprietary Rights
All rights, title and interest in NM web pages, hints and help files, software and documentation, wherever resident and on whatever media, are, and shall remain, the property of NM and its licensors. It is the policy of NM to vigorously police and protect its rights under patent, trademark and copyright laws. The contents and format of this and all other NM promotional materials, web site, sign, tag and graphic design are protected under U.S. and foreign copyrights. The following are trademarks of NakedModern LLC: NakedModern®, NakedModerne™, NakedMod™, NekdModern™, NekdMod™, NekMod™, AsiaModern™, MexicoModern™, BrazilModern™, IndiaModern™ and El Soñador™. Various protections and other copyrights may be pending. All other trademarks, product names, and company names and logos appearing on NakedModern.com are the property of their respective owners.
User acknowledges that Nakedmodern.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under U.S. copyright laws, and NM owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by law, User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of NM or the owner of the copyright or other propriety right.
User agrees to indemnify and hold NM harmless from all liabilities, claims, and expenses that arise from User’s breach of these terms or in connection with User’s use or the transmission of Content.
Disclaimer and Limitation of Liability
User expressly agrees that use of NakedModern.com is at User's sole risk. Neither NM nor any other party warrant that NakedModern.com will be uninterrupted or error-free; nor do they make any warranty regarding the results that may be obtained from the use of NakedModern.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through NakedModern.com. No information contained herein shall create a warranty; nor shall User rely on any such information.
THIS WEBSITE IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Under no circumstances shall NM or any other party involved in creating, producing, or distributing NakedModern’s products and services be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use NM’s web site, including but not limited to reliance by a User on any information obtained from NM or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to NakedModern’s records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through NakedModern.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law, and a court of competent jurisdiction shall have the power to modify this provision, as the case may be, and, in its modified form, such provision shall then be enforceable.
Warranty for Materials
Our products are sold with the understanding that User will determine suitability and adaptability of intended use. NM warrants to User that its products are free from defects in workmanship, but limits its obligation under this warranty to replacement of the product shown to NakedModern’s satisfaction to have been defective at the time NM sold it, provided NM is notified in writing of the defect within 90 days of delivery of the product. This warranty is non-transferable and does not extend to any persons obtaining the product from User. THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED, TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE, and of any other obligations of liability on NakedModern’s part with respect to its products. Under no circumstances will NM be liable for any loss, damage, expense or direct, indirect, incidental, special, or consequential damages of any kind arising in connection with the use, or inability to use, NakedModern's products pursuant to any legal theory or cause of action, even if NM has been advised of the possibility of such damages. Under no circumstances shall damages exceed the amount actually received by NM from User for such product.
Export
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations, including, but not limited to, the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any Content derived from NM to either a foreign national or a foreign destination in violation of such laws.
Acknowledgment
The foregoing represents the entire understanding between User and NM regarding User’s relationship with NM and supersedes any prior statements or representations. The headings used herein are for convenience of reference only and do not form a part hereof and shall not in any way modify, interpret or construe the terms. The terms shall be governed by and construed in accordance with the laws of the State of Wisconsin applicable to agreements made and to be performed entirely within such State, and any dispute hereunder shall be brought in a court of competent jurisdiction therein. USER AGREES TO BE BOUND BY THE TERMS by using the NakedModern.com web site.
The aforementioned TERMS are subject to change by NM, in its sole discretion, at any time.
CUSTODIAN OF RECORDS - U.S.C. TITLE 18, SECTION 2257 COMPLIANCE
In compliance with United States Code, Title 18, Section 2257, all models, actors, actresses and other persons who appear in any visual depiction of sexually explicit conduct appearing or otherwise contained in or at this site were over the age of eighteen years at the time of the creation of such depictions. Records required to be maintained pursuant to U.S.C. Title 18, Section 2257 are kept by the custodian of records at:
Naked Modern LLC
2901 North Lincoln Avenue
Chicago, IL 60657
USA
