1. Nude Service Description.The Nude Service is a set of tools, applications, and widgets that allows you to capture, categorize, control and manage data on your electronic devices. You can use the Service to move files from one storage location on your device to a restricted storage location. You can also use the Service to create backup copies of your data.
2. Use of the Service and Nude Properties.Nude and its licensors own all rights, title, and interest in the Application, the Software, the Website, the Service, and the information and content available on or through the foregoing (collectively, the “Nude Properties”). The Nude Properties are protected by copyright laws throughout the world. Subject to the Terms, Nude grants you a limited license to reproduce portions of the Nude Properties for the sole purpose of using the Nude Properties for your personal, non-commercial purposes. Unless otherwise specified by Nude in a separate license, your right to use any Nude Properties is subject to the Terms. Nude and its licensors reserve all rights not granted in these Terms. 2.1 Application License. Application License. Subject to your compliance with the Terms, Nude grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal use. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. 2.2 Nude Software. Use of any software and associated documentation, other than the Application, that is made available via the Website or the Service (“Software”) is governed by the Terms. Any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, redistribution or use on a service bureau basis. If the Software is a pre-release version, then you are not permitted to use or otherwise rely on the Software for any commercial or production purposes. Nude grants you a non-assignable, non-transferable, non-sublicensable, revocable non-exclusive license to use the Software for the sole purpose of enabling you to use the Service in the manner permitted by the Terms. Some Software may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of the Terms. 2.3 Image Detection and Recognition. Nude relies on third party services for image detection and recognition. You understand that this requires Nude to submit your files to the third party’s software for analysis. File submission is for analysis only and your files are never stored by Nude or third party. 2.4 Updates. You understand that the Nude Properties are evolving. As a result, Nude may require you to accept updates to the Application or the Software that you have installed on your computer or mobile device. You acknowledge and agree that Nude may update the Nude Properties with or without notifying you. Any updates to the Nude Properties are subject to these Terms. You may need to update third party software from time to time in order to continue using the Nude Properties. 2.5 Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Nude Properties, (b) you shall not frame or utilize framing techniques to enclose any Nude trademark or logo (including images, text, page layout or form); (c) you shall not use any metatags or other “hidden text” using Nude’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Nude Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not attempt or engage in, any potentially harmful acts that are directed against the Nude Properties, including but not limited to violating or attempting to violate any security features of the Nude Properties, using any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any Nude Properties, or introducing viruses, worms, or similar harmful code into the Nude Properties; (f) access the Nude Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Nude Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Nude Properties; (i) you shall not use the Nude Properties in any manner that could damage, disable, overburden, or impair Nude’s systems or networks, or interfere with any other party’s use and enjoyment of the Nude Properties, including without limitation, by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the Nude Properties; (j) you may not attempt to gain unauthorized access to any computer systems or networks associated with the Nude Properties; (k) . Any future release, update or other addition to the Nude Properties shall be subject to the Terms. Nude, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Nude Properties terminates the licenses granted by Nude pursuant to the Terms.
3. Registration.3.1 Registering Your Account. In order to access certain features of the Nude Properties, you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a user who has registered an account on the Application (“Account”). 3.2 Registration Data. In registering for the Service, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Service under the laws of the United States, your place of residence or any other applicable jurisdiction. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Nude Properties by minors. If you provide any information that is untrue, inaccurate, not current or incomplete, or Nude has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Nude has the right to suspend or terminate your Account and refuse any and all current or future use of the Nude Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform at any given time. Nude reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Nude Properties if you have been previously removed by Nude, or if you have been previously banned from the Service. 3.3 Activities Under Your Account. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to (1) notify Nude immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. 3.4 Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Nude Properties, including but not limited to, a mobile device that is suitable to connect with and use the Nude Properties, in cases where the Service offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Nude Properties.
4. Responsibility for Content.4.1 Types of Content. You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Nude Properties, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the party from whom such Content originated. This means that you, and not Nude, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through Nude Properties (“Your Content”).
5. User Conduct.As a condition of use, you agree not to use the Nude Properties for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third party) either (a) to take any action or (b) Make Available any Content on or through the Website and the Service that: (i) infringes or violates any patent, trademark, trade secret, copyright, contractual right, right of publicity or other right of any person or entity; (ii) violates any acceptable use or other information technology policy that may apply to your use of any computer system or network; (iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (v) involves commercial activities and/or sales without Nude’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (vi) impersonates any person or entity, including any employee or representative of Nude; or (vii) is inappropriate in any other manner that Nude determines in its sole, reasonable discretion.
6. Fees and Purchase Terms.6.1 General Purpose of Terms: Sale of Service, not Software. The purpose of the Terms is for you to secure access to the Services. All fees set forth within and paid by you under the Terms shall be considered solely in furtherance of this purpose. In no way are these fees paid considered payment for the sale, license, or use of Nude’s Software or Application, and, furthermore, any use of Nude’s Software or Application by you in furtherance of the Terms will be considered merely in support of the purpose of the Terms. 6.2 Payment. You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Nude collects payments through a limited number of payment services (“Payment Provider”). You must provide Nude with valid account information for the respective chosen Payment Provider. Your Payment Provider agreement governs your use of the designated credit card or other payment method, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing Nude with your payment information, you agree that Nude is authorized to immediately invoice your Account for all fees and charges due and payable to Nude hereunder and that no additional notice or consent is required. You agree to immediately notify Nude of any change in payment credentials for payment hereunder. Nude reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Website or by e-mail delivery to you. 6.3 Service Subscription Fees. You will be responsible for payment of the applicable fee for any Services (each, a “Service Subscription Fee”) at the time you create your Account and select the term of your subscription (each, a “Service Commencement Date”). Except as set forth in the Terms, all fees for the Services are non-refundable. No contract will exist between you and Nude for the Services until Nude or the Payment Provider, for example Apple or Google, accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication. 6.4 Taxes. Nude's fees are net of any applicable Sales Tax. If any Service, or payments for any Service, are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Nude, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority and you will indemnify Nude for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or such other evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Nude its permitted to pass to its customers that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax. 6.5 Automatic Renewal. Your subscription will continue indefinitely until terminated in accordance with the Terms. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Nude’s then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at least 24 hours prior to the Renewal Commencement Date by logging into and going to the "Manage App Subscriptions” page in the Apple App Store or the “My Apps” page in the Google Play Store app. The same page will permit you to change your Account settings if you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then- current subscription period. By subscribing, you authorize Nude to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Nude does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that Nude may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be re-activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
7. Nude Is Provided As-Is.Nude CANNOT GUARANTEE THAT YOUR CONTENT WILL BE SAFE FROM OUTSIDE ATTACKS, HACKERS OR OTHER WAYS OF ACCESSING YOUR CONTENT ON THE FILE SYSTEMS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE Nude PROPERTIES IS AT YOUR SOLE RISK, AND THE Nude PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. Nude EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8. Limitation of Liability.YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL Nude BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE APPLICATION, THE SOFTWARE, THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT Nude HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL Nude BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY Nude AS A RESULT OF YOUR USE OF THE SERVICE DURING THE TWELVE-MONTH PERIOD PRECEDING THE DATE ON WHICH YOU FIRST ASSERT YOU CLAIM. IF YOU HAVE NOT PAID Nude ANY AMOUNTS DURING SUCH PERIOD, Nude’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO FIVE DOLLARS ($5.00).
9. Remedies9.1 Violations. If Nude becomes aware of any possible violations by you of the Terms, Nude reserves the right to investigate such violations. If, as a result of the investigation, Nude believes that criminal activity has occurred, Nude reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Nude is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on the Nude Properties, including Your Content, in Nude’s possession in connection with your use of the Nude Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms; (3) respond to any claims that Your Content violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property or personal safety of Nude, its Users or the public, and all enforcement or other government officials, as Nude in its sole discretion believes to be necessary or appropriate. 9.2 Breach. In the event that Nude determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated inappropriate conduct, Nude reserves the right to:
10. Miscellaneous Legal Terms.10.1 Electronic Communications The communications between you and Nude use electronic means, whether you visit the Website or send Nude e-mails, or whether Nude posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Nude in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Nude provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. 10.2 Release You hereby release Nude and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage of any kind arising in connection with or as a result of the Terms or your use of the Website, the Application, the Software or the Service. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor. 10.3 Assignment The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Nude’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. 10.4 Force Majeure Nude and its licensors shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God; war; terrorism; riots; embargos; acts of civil or military authorities; fire; floods; accidents; strikes or shortages of transportation facilities; fuel; energy; labor; materials; problems with your computing or network infrastructure, hardware or product; problems with your internet service provider (ISP) or any sites you are attempting access through the VPN Service; or any electrical or other utility outage. 10.5 Dispute Resolution
11. International Provisions.The following provisions shall apply only if you are located in the countries listed below. 11.1 United Kingdom. A third party who is not a party to the Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Terms, but this does not affect any right or remedy of such third party which exists or is available apart from that Act. 11.2 Germany. Notwithstanding anything to the contrary in Section 8, Nude is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).