Zivity Terms of Use

1. General

Welcome to the Zivity website (the “Site”)! PLEASE READ THESE TERMS OF USE (the “Terms of Use”) CAREFULLY BEFORE USING THIS SITE OR ANY SERVICES OR APPLICATIONS RELATED TO THIS SITE, OR CONTRIBUTING ANY CONTENT, INCLUDING BLOG ENTRIES, COMMENTS, MESSAGES, FORUM POSTS, MEMBER PROFILES AND PHOTOGRAPHY (“Content”). By using and/or visiting the site, you signify your agreement to these Terms of Use. If you do not agree to any of these Terms of Use, please do not use the Site. These Terms of Use may be modified or updated from time to time without notice to you, and you agree to be bound by such modifications or updates. Therefore, you should periodically review the most up-to-date version on the Site.

2. Use of the Site

  1. You affirm that you are more than 18 years of age or older (21 years of age in certain jurisdictions), and in any event, that you are familiar with the laws affecting your legal right to access erotica or adult-oriented materials; that you are viewing the Content for your own private enjoyment; and, that you will not, by action or inaction, directly or indirectly, share such materials with or make such materials available to a minor in any manner whatsoever.
  2. You are hereby granted a limited license to use and access the Site, subject to these Terms of Use.
  3. You understand that you may be exposed to Content that may be considered or deemed indecent, offensive or otherwise objectionable.
  4. You, and not Zivity, are responsible for any Content you post on the Site, and the consequences of any such content.
  5. You shall not use the Site to transmit any Content that is unlawful, harmful, threatening, abusive, pornographic, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable.
  6. You shall not use the Site or contact models, photographers or users for questionable business practices.
  7. You shall not submit any Content that you not have the right to submit.
  8. You shall not submit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  9. You shall not submit any Content or material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  10. You shall not interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
  11. You shall not use the Site to harm minors or any person in any way.
  12. You shall not falsely impersonate any real person or entity, or falsely state or otherwise misrepresent your affiliation with a real person or entity.
  13. You shall not disclose a model or a user’s real name or identity on the Site or elsewhere (for example, on Facebook or though links to social network sites) if such model or user has not publicly disclosed his or her real name or identity in connection with the model or user’s participation in the Site.
  14. You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site.
  15. You shall not stalk or otherwise harass any model or other user.
  16. You shall not distribute the Site or any part, in any medium, known or unknown, including but not limited to Content, without Zivity's prior written authorization.
  17. You shall not use the Site for any commercial use, without the prior written authorization of Zivity.
  18. You shall not collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site.
  19. You shall not claim to be an "agent", "scout" or any advertised agency through use of the Site, nor use the communication systems provided by the Site (e.g. comments, email, profile text) to make any claim to being an "agent", "scout" or advertised agency.
  20. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site.
  21. Content on the Site is provided to you "AS IS" for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without Zivity's prior written consent. Zivity reserves all rights not expressly granted in and to the Site. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
  22. Any aspect or use of the Site may be modified or discontinued at any time in the sole discretion of Zivity.
  23. Your use of the Site must comply with all applicable local, national, and international laws and regulations.
  24. Posting a "user icon" that contains nudity is not permitted. Your "profile photo" must adhere to the 'Content' section as defined in the content guidelines.
  25. You agree to comply with the Zivity Community Guidelines, that are made a part of these Terms of Use.

3. Intellectual Property Rights

Zivity does not claim ownership of Content transmitted by you to the Site and displayed on the Site, except as provided in separate agreements with models and photographers. Notwithstanding the foregoing, and except as provided in Zivity’s separate agreements with models and photographers, you grant to Zivity a perpetual, world-wide, royalty free, non-exclusive, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display any or all Content you submit to the Site and to incorporate such Content into other works.

The Site, including all Content and the trademarks, service marks and logos contained therein, are owned by or licensed to Zivity.

4. Copyright and Content Policy

Zivity respects the intellectual property rights of others, and requests you to do the same. Zivity does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and Zivity will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Zivity reserves the right to remove Content without prior notice. Zivity may remove such Content at any time, without prior notice and at its sole discretion.

If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide Zivity the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
  2. a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  3. a description of where the material that you claim is infringing is located on the Site, including the URL;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

The above information may be sent by email to info or by postal mail to: Zivity, 645 Haight Suite #16 San Francisco, CA 94117 , Attn: Copyright Agent.

5. Account and Password

You are responsible for maintaining the confidentiality of your member name and password. You agree that you have provided you are responsible for all uses of its account, whether or not authorized by you. You agree to immediately notify Zivity of any unauthorized use of your account. You agree to pay all charges that accrue to your account through use of the Site or the use of the Site by those authorized by you. You agree to provide true, accurate, current and complete information about you as required by the registration and profile forms, and maintain and promptly update such information. Without limiting any other matter contained herein, your account and use of the Site may be suspended or terminated (without cost to Zivity and without obligation for reimbursement of any fees previously paid by you to Zivity) for such your failure to provide or maintain true, accurate, current and complete information, as well as for any violation of these Terms of Use, as determined solely by Zivity.

You may cancel your account at any time by contacting us at info. If you cancel your account, you will not be entitled to any refund for previously paid subscription fees or vote purchases.

6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ZIVITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. ZIVITY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON OR VIA THE SITE. ZIVITY DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR FEATURED IN ANY ADVERTISING, AND ZIVITY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

7. Limitation of Liability

IN NO EVENT SHALL ZIVITY, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR SITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ZIVITY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT ZIVITY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

8. Indemnity

You agree to defend, indemnify and hold harmless Zivity, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Site; (ii) your violation of these Terms of Use; (iii) your violation of the terms which apply to Content; (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that Content submitted by you caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.

9. Privacy; Third Party Sites

Zivity respects the privacy of its users and others. Please see Zivity’s privacy policy at http://zivity.com/legal/privacy, which are made a part of, and incorporated by reference into, these Terms of Use.

The Site may contain links to third party websites that are not owned or controlled by Zivity. Use of such third party websites may be subject to their terms of use and privacy policies. Zivity has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Site, you expressly relieve Zivity from any and all liability arising from your use of any third-party website.

10. Custodian of Records

Without limiting any other matter contained herein, you represent and warrant that with respect to any Content you produce and transmit to the Site that contain depictions of nudity or actual sexually explicit conduct, all persons who appear therein were 18 (eighteen) years of age or older at the time of the creation of such depictions. Further, you represents and warrant that with respect to the depictions described in the preceding sentence, true, correct and complete records required by 18 USC Section 2257 have been obtained and will be maintained by you in compliance with such law and will be provided to Zivity promptly upon request.

With respect to visual depictions of actual sexually explicit conduct produced by and posted on the Site by Zivity (other than depictions submitted by a user as described above), records required by 18 USC Section 2257 are kept by the custodian of records at Zivity. The custodian can be reached by email at info or by postal mail to: Zivity, 645 Haight Suite #16 San Francisco, CA 94117 , Attn: Custodian.

11. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Zivity without restriction.

12. General

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. These Terms of Use shall be governed by the laws of the State of California, without respect to conflict of laws principles. Any controversy arising out of or in connection with use of the Site or these Terms, their validity or effect, will be conclusively determined by arbitration in the City of San Francisco in accordance with the rules of the American Arbitration Association; provided, however, that such arbitration will be held before a single arbitrator selected by the parties, which arbitrator must be well acquainted with the Internet industry. You agree that any proceeding that you may choose to bring against us will be initiated within six (6) months after the alleged date of the event bringing rise to such dispute. You waive any and all rights and benefits which you or we might otherwise have or be entitled to litigate any such dispute in court, because it is your intention to arbitrate all such disputes according to the provisions hereof. The arbitrator's decision will be controlled by these Terms of Use. Any such decision and accompanying award will provide for each party, respectively, to bear its own costs of arbitration and attorneys’ fees. The pendency of an arbitration, the proceedings, any evidence or other material, and any award shall be maintained and remain confidential, except that an award may be confirmed by a court of competent jurisdiction if it has not been fully satisfied within 14 days of its issuance. These Terms of Use, together with the Privacy Policy and any other legal notices published by Zivity on the Site, shall constitute the entire agreement between you and Zivity concerning the Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Zivity' failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Zivity reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Site following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

13. Contact Information

If you have questions or concerns regarding these Contest Terms, you should contact us info@zivity.com. References to Zivity in these Terms of Use refer to Zivity, LLC, a Delaware limited liability company, and its affiliates.

 

Zivity Contest Terms and Conditions

1. General

Thank you for your interest in the Zivity Contest (the "Contest").  The following Contest Terms (the "Contest Terms") are subject to, and incorporated into, the Zivity Terms of Use.

By checking the "I Agree" box, you are agreeing to create and sponsor the Contest, with the Title, Description, Prize, Tags, Duration and Nudity you have indicated on the sign-up page.  Zivity reserves the right to modify the Title, Description and Tags you have provided in its sole discretion

2. Prize Amount

You will be required to commit a minimum prize amount, as indicated on the sign-up page.  The amount of the Prize will be funded by votes debited from your Zivity account upon your agreement to create and sponsor the Contest and acceptance by Zivity, and will be awarded to the Contest winner (if any) in accordance with these Contest Terms.  The Prize amount will be credited back to your Zivity account in the event that there are no published entries.

3. Contest Process

Zivity reserves the right to accept or reject any Contest in its sole discretion.

Upon acceptance of a Contest, Zivity will publish the Contest to the Zivity community, encouraging them to submit entries for the Contest.

Contest entries will be submitted through the Zivity photography submission process, and subject to documentation and approvals as deemed appropriate by Zivity in its sole discretion.

Entries that Zivity deem appropriate for inclusion in the Contest will be published on a special Contest page and on the photographer and model(s) profile pages, if applicable.

Members of Zivity will have the ability to vote on Contest entries similar to regular Zivity photosets, with the votes credited in the same manner as regular Zivity photosets. You will have no right to share in the votes by Zivity members. However, you will be the sole judge of the winner of the Contest. If you do not select a winner (as provided for on the Contest page) within thirty (30) days after the end of the Contest, then Zivity reserves the right to select one of the entries.

If no entries are published during the term of the Contest, then the Prize amount will be credited back to your account.

4. Rights to Entries

You will be identified as the sponsor of the Contest (unless indicated otherwise).  Except for such identification, no rights in or to the Contest entries are being granted, assigned or transferred to you, and the Contest entries and Contest winner shall be treated as other content on the Site, as provided in the Terms of Use All rights remain with the photographer(s), model(s) and Zivity, as applicable.

5. Modifications to Rules

Zivity reserves the right to amend the rules of any Contest, or to terminate a Contest and credit back the Prize amount to your Zivity account, at any time and in its sole discretion with no liability to you as the Contest organizer, or to any participant in a Contest.  If any amendment of the rules of a Contest materially affects you as the sponsor of a Contest, then Zivity may, if it deems appropriate in good faith, provide the opportunity for you to withdraw as the sponsor of a Contest and credit the Prize amount back to your Zivity account.

6. Contact Information

If you have questions or concerns regarding these Contest Terms, you should contact us info@zivity.com. References to Zivity in these Contest Terms refer to Zivity, LLC, a Delaware limited liability company, and its affiliates.

Last Updated May 3, 2012