Terms of Service

Last update: June 4, 2023

FH Logistic LLC, is a Florida limited liability company (“Company”), owns and operates  www.nudicom.com  and all affiliated websites and mobile versions (“Nudicom”), a social networking website and service application that allows creators to upload photos and videos to their profile and set prices for access to that content ("Creator(s)") and that allows Users to pay to access that content ("User(s)”). The term "You" or "User" refers to all users, whether Creators or Users.
Please read the Terms of Service (“Terms”), a legal agreement that governs your use of Nudicom, including any content, functionality and services offered on or through Nudicom. Please pay special attention to the following sections: disclaimer of warranties; limitations of liability; releases;  Waiver of Class Actions, Binding Arbitration and Disputes. By registering and using Nudicom, you hereby accept and agree to be bound and abide by these Terms. If you do not wish to accept these Terms or do not comply with their provisions, you must not access or use Nudicom.

We may change these Terms on one or more occasions. Changes will be effective on the “last updated” date indicated at the top of this page. The changes will not apply to ongoing disputes or to disputes arising out of (or related to) events that occurred before the posted changes. Although the Company will attempt to notify you when it changes these Terms, the Company assumes no obligation to do so and it is your responsibility to check this page frequently to review the most recent agreement. By continuing to use Nudicom after the Company posts changes to these Terms, you agree to the revised agreement. If you do not agree to the revised agreement, your exclusive remedy is to discontinue accessing Nudicom.

     1. General provisions

a. No Minors: Nudicom contains adult-oriented content and is not intended for minors. Only adults (1) who are at least eighteen (18) years old and (2) who have reached the age of majority in the place where they reside may access Nudicom. If you do not meet these age requirements, you should not access Nudicom and should exit now. The Company prohibits access to Nudicom to all persons who do not meet these age requirements.

b. Section 230(d) Notice: In accordance with  47 USC § 230(d)  , you are notified that parental control protections (including hardware, software, or filtering services) are commercially available that may help limit access to material harmful. To minors. You can find information about the providers of these protections on the Internet by searching for “parental control protection” or similar terms. If minors have access to your computer, please restrict their access to sexually explicit material by using any of the following products, which the Company provides for informational purposes only and does not endorse: CYBERsitter  ™  | Net Babysitter®  | Cyber ​​Patrol | ASACP .

c. InUsuariotil sexual abuse material prohibited: The Company prohibits pornographic content involving minors known as inUsuariotil sexual abuse material (CSAM). The Company only allows consenting adult visual media for consenting adults on Nudicom. If you see any visual media, real or simulated, depicting minors engaging in sexual activities within Nudicom, please immediately report it to the Company at  [email protected]  . Include with your report all appropriate evidence, including the date and time of identification. The Company will promptly investigate all reports and take appropriate action. The Company fully cooperates with any law enforcement agency investigating CSAM.

d. Prohibition of prostitution or sex trafficking: The solicitation, promotion and facilitation of prostitution and sex trafficking are strictly prohibited. If you engage in such activity, whether on Nudicom or by posting links to external websites that promote or facilitate prostitution or sex trafficking, we may delete your account without refunding or paying any funds into your account at the time of the offense or deletion.

e. User Content: We do not own the media uploaded by users to Nudicom ("User Content") and the opinions expressed by users on Nudicom do not represent the opinions of Nudicom. All User Content transactions and interactions on Nudicom are between Users and at no time does Nudicom become a party to any transaction or interaction between Users. User Content is provided to you AS IS. You may access User Content for your information and personal use only as intended through the functionality provided by Nudicom and as permitted under these Terms. You will not copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit any User Content for any other purpose without the prior written consent of the Company or the respective licensors of the User Content.

f. Rights reserved by the Company: We reserve the right at any time and without prior notice to:

• Modify, suspend or cancel Nudicom or any part thereof;
• Restrict, limit, suspend or terminate your access to Nudicom or any part thereof;
• Verify the information you provide to us;
• Verify compliance with these Terms and/or any applicable law;
• Temporarily suspend or permanently terminate your account for breach of these Terms and/or any applicable law;
• Remove any content you post on Nudicom if, in our reasonable opinion, it does not comply with these Terms and/or applicable law;
• Monitor your use of Nudicom (including any content or messages you post or transmit on Nudicom);
• Investigate any suspected or alleged improper or illegal use of Nudicom and cooperate with authorities in such investigation;
• Disclose information about your use of Nudicom in connection with law enforcement investigation of any suspected or suspected illegal activity, or in response to a lawful subpoena or court order; 
• and/or Change the payment or payment processor that allows you to make or receive payments as a User.

g. License to access and use Nudicom:  Subject to all terms, conditions, limitations and restrictions contained in these Terms, we grant you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive, limited license to use our Website for your personal use and legal only. You acknowledge and agree that we may revoke and terminate the foregoing license at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any use of Nudicom other than as expressly permitted by these Terms is strictly prohibited. We reserve all rights not expressly granted herein. We do not guarantee that Nudicom is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not Nudicom is compatible with your device. From time to time we may make updates to Nudicom and will make them available through Nudicom.

     2. Accounts

a. User: To register and create an account on Nudicom as a User, you must provide a valid email address, username and password, or authenticate using a valid social media account. If you want to purchase content on Nudicom, you will need to add a valid payment method. Nudicom does not store any payment information.

b. Creators: To register and create an account on Nudicom as a Creator, you must complete the   Creator verification process and be approved by the Company in our sole and absolute discretion. If you want to sell content on Nudicom, you will also need to add a verified bank account (checking or savings) or other approved payment method, and submit additional legal information, such as a W-9 if you are a resident of the United States. States of America (the exact information required will depend on your country). Your winnings will be paid to your designated payment method through one of our payment processors or by direct bank transfer. With the exception of those Creators seeking payments via direct bank transfer, which is stored by our third-party payment processors, Nudicom does not store any bank account information.
c. If you register as a Creator, you agree that we, or our contractors, are authorized to collect, store and/or maintain certain biometric information, including a retina or iris scan, fingerprints, voice prints, or scan of your hand geometry or face of any Content or verification document you provide to us.

c. User Certifications: By registering with Nudicom, you represent and warrant that:

• All account registration, profile information and content you provide is your own information and the content is complete, truthful and accurate;
• You are fully responsible for any and all activities that occur under your account and will log out of your account at the end of each session;
• You will take special care when accessing your account from a public or shared computer so that others cannot access, view or record your password or other personal information;
• you are responsible for keeping your login details confidential and secure, and you will notify us immediately at  [email protected]  if you believe that someone has used or is using your account without your permission or if your account has been subject to any other security breach;
•  If you previously had an account with Nudicom, Nudicom has not suspended or terminated your previous account for violation of these Terms;
• You will not use unauthorized third-party payment processors to accept payments for subscriptions or any other services through Nudicom;
•  You register with Nudicom for your personal use and will not sell, rent or transfer your account to any third party; 

d. If you use Nudicom on behalf of a company or other entity, you warrant that you are authorized to grant all licenses set forth in these Terms and that you are authorized to bind the company or other entity to these Terms.

e. Your Content: We may allow you to submit materials for publication on Nudicom. You represent and warrant that you own, have a valid license to, or otherwise control all of the rights to your User Content. You retain all ownership rights in your User Content. However, you grant us a worldwide, perpetual, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform your User Content for the Company's business (and of our successors), in order to operate Nudicom and comply with the intent of these Terms. You hereby agree to (i) appear in any User Content that you post on Nudicom and (ii) allow Company to publicly distribute any User Content that you post on Nudicom. 

f. You also grant each of our Users a worldwide, non-exclusive, royalty-free license to access such content as facilitated by Nudicom, subject to any limitations related to any purchase or subscription to such content, and to use, reproduce, display and perform your content, but only to the extent necessary to comply with these Terms. We agree not to reproduce any of your content that is behind a paywall. Except for personally identifiable information covered by our Privacy Policy, User Content is not considered confidential and may be displayed on Nudicom in accordance with these Terms. We have no obligation with respect to your User Content. However, we agree that any use or publication of your content will be consistent with these Terms. You warrant that you maintain written authorizations from any person depicted in your User Content, confirming that such person consented to the recording and posting of such content on Nudicom, and that your User Content does not violate any third party rights. You will provide us with copies of any necessary authorizations, licenses or ownership documents upon request. You are solely responsible for your User Content and the consequences of posting your User Content on Nudicom.

g. Co-Authored Content: If you are a Creator, you understand and agree that you may share content representing other third parties (“Co-Authored Content”), provided that:

• You tag each Creator depicted in the Content or otherwise identify the third party and provide Nudicom with the requested documentation confirming the User's age, identity, and consent to the publication of the Content on Nudicom;
• You have obtained and will maintain government-issued identification documentation confirming that each Creator depicted in your content is at least eighteen (18) years of age;
• You have obtained and will maintain written documentation confirming that each Creator depicted in your User Content has consented to (i) being depicted in such content and (ii) having the content publicly distributed on Nudicom.
• You will provide us with this written consent documentation promptly upon request of such documentation;
• You will not use, attempt to access or solicit the account information or login credentials of any other User; 

h. You are primarily responsible for your account and agree to protect your login credentials from any unauthorized use. You agree that we are not responsible for any misuse of your account if you share your credentials with a third party, such as a manager or agency, and you release Nudicom from any liability arising from such third party's access. You understand and agree that if you provide your account credentials to a third party, you will remain solely responsible to Nudicom for any activity that occurs through your account.

i. You further understand and agree that we may refrain from publicly distributing any Co-Authored Content until all Represented Creators or third parties have confirmed their identity and have given their consent to be represented and distributed.

j. You are solely responsible for segregating, dividing and distributing any income generated from any Co-authored Content. Any revenue sharing agreement will be governed solely by a private and independent agreement between you and other third parties. We are not responsible for enforcing such agreements. You agree to release and hold us harmless from any and all claims arising from your Co-authored Content. You further agree that any claim arising from co-authored Content shall be asserted only against the parties participating or appearing therein, and not against us.

k. Deactivation: If you wish to deactivate your Nudicom account, you can select this option in your account settings.

     3. Purchases and Payments

a. Purchasing Subscriptions: Users who have added a valid payment method to their account can subscribe to a Creator's content by clicking the "Subscribe" button on the Creator's profile. If you purchase a subscription, you hereby authorize the Company to automatically charge the payment method on file on the first day of each billing period for the applicable subscription on a recurring basis until you cancel your subscription.

b. Wallets: We may allow you to prepay an allocation of funds that will be stored in your wallet and used for subscriptions, pay-per-view content, tips, and other purchases. However, you can't split the cost of purchases between your wallet and traditional payment methods. If a purchase attempt costs more than the amount of funds remaining in your wallet, we may charge your listed payment card for the full amount of that purchase. Typically, funds stored in your wallet are non-refundable; however, we reserve the right to address refund requests related to wallet funds at our sole and absolute discretion.

c. Trials: Creators may offer trials to Users who are not subscribed to their content. If you purchase a trial, you will receive access to that Creator's content at a discounted rate during the trial period. At the end of the applicable trial period, you will be charged the full subscription price at the beginning of each subscription period, until you cancel your subscription. To avoid further charges, you must cancel before the trial period ends.

d. Canceling Subscriptions: Users who have purchased a subscription may cancel any subscription at any time by disabling the “Auto-Renew” indicator located under the applicable Creator profile. If you cancel a subscription, you understand and agree that you will not receive a refund and may continue to access the Creator's content until the end of the existing billing period, at which time you will lose access to the content and will not be billed again.

e. You can block another user; however, you will immediately lose access to that user's content if you do so and will not receive a refund or credit for the remaining days of your current subscription period.

f. If you are blocked by another user you have subscribed to, you will immediately lose access to that user's content and we reserve the right, in our sole and absolute discretion, to determine whether you will be issued any refund or credit for the remainder. Days in your current subscription period.

g. Subscriptions canceled by the Company: If your payment method on file becomes invalid due to an expired credit card or other similar reason and the Company is unable to charge you in the next billing period, the Company may immediately revoke your access to any services payment you have requested until you update your payment method. If you do not update your payment method within a reasonable period of time, the Company may cancel your subscription.

h. A La Carte Purchases and Tips: Users who have added a valid payment method to their account can, in some cases, purchase content from the Creator a la carte or tip the Creator by clicking "Buy", "Tip", or similar button on or near the Creator content. If you purchase content a la carte or tip a Creator, you hereby authorize the Company to automatically charge the payment method on file for the content.

i. Payment Processing: We use various third-party payment processors and gateways, and reserve the right to engage additional third-party payment processors and gateways at our sole discretion to process any and all payments associated with Nudicom. Your payment information is stored by a third-party payment processor. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for complying with such terms. We further disclaim any liability associated with your violation of such terms.

i. Refunds: Typically, our standard policy is that purchases and/or fees associated with your account are final and non-refundable. However, we reserve the right to address any refund request and issue refunds in appropriate cases, at our sole discretion.

k. Virtual Currency: We may allow Users to make purchases or receive payments on Nudicom using one or more virtual currencies such as Bitcoin. Acceptance of such payment or payment method is at our sole discretion and may be for a limited duration. Any payment in virtual currency is irreversible. Refunds of virtual currency payments are also at our sole discretion and, if permitted, may take the form of a transfer of virtual currency or the corresponding cash value of the requested refund, at our option. We waive all risk of loss associated with fluctuations in the value of virtual currency. Virtual currency transactions may be accompanied by additional administrative fees.

l. Taxes Related to Purchases:  If the Company is required to collect or pay any taxes in connection with the purchase of a paid service, those taxes will be collected from you at the time of each purchase transaction. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and/or use of a paid service. These taxes may include tariffs, customs fees, value added tax or other taxes (other than income tax), along with related penalties or interest, as applicable to your purchase or the country of purchase.

j. Australian Sales Tax:  A Goods and Services Tax (“GST”) is applied to all sales made to Australian consumers. Nudicom specifically agrees to be responsible for the collection, reporting and remittance of the GST associated with such sales to the Australian Taxation Office. The current GST rate in Australia is ten percent (10%) and is calculated as 1/11 of the gross sale made.

k. Billing Errors:  If you believe that the Company has billed you in error, you must notify the Company in writing no later than thirty (30) days after receiving the statement on which the error first appeared. If you do not notify the Company in writing of a dispute within this thirty (30) day period, you waive any right to dispute the charges. You must submit any billing dispute by email to  [email protected]  and include a detailed statement describing the nature and amount of the disputed charges. The Company will correct any errors on an invoice and add or credit them to your future payments.

l. Chargebacks: If you make a purchase that results in a chargeback, we may suspend or terminate your account immediately.

n. Content Sales: Creators earn ninety percent (90%) of the revenue generated from all subscriptions, sales or tips related to their content and user profile. A valid payment method must be added before payments are issued. However, we may deduct any money earned from subscriptions, sales, or tips that resulted in a chargeback, or any money earned from subscriptions, sales, or tips related to content that violates these Terms.

o. Referral Program: The Company may provide you with a unique referral URL that enables you to earn revenue from any new Creator who signs up for a Creator account using the same browser you used to click on the referral link. Payments for referrals will be made in accordance with the terms published on Nudicom. You will not use Google Ads, Facebook Ads or any advertising service or platform to impersonate the Company with the intention of recommending other Users.

     4. Acceptable Use

a. Prohibited Uses: You agree that you will only use Nudicom for the purposes expressly permitted and contemplated by these Terms. You may not use Nudicom for any other purpose without our express prior written consent. Without our express prior written authorization, you may not:

• use Nudicom in any way that violates any applicable law, regulation or treaty of any applicable government agency, including, but not limited to: (a) laws prohibiting sex trafficking and the promotion or facilitation of prostitution; (b) intellectual property rights laws that protect patents, copyrights, trademarks, trade secrets and any other intellectual property rights, including the creation, obtaining, distribution or access to illegal copies of copyrighted content, trademarks or patents, removal of copyright notices and notices, or otherwise manipulating identifiers to disguise the origin of the content you post, share or upload; (c) laws against obscene, lewd, defamatory or libelous speech; and (d) laws protecting confidentiality, privacy rights, publicity rights or data protection.
• Download any content unless a “download” button or similar is displayed in relation to that content.
• Use ad blocking software while using Nudicom.
• Failure to comply with orders, sentences or mandates of courts of competent jurisdiction.
• Access Nudicom if you are, or should be, a registered sex offender in any jurisdiction.
• Post, upload or share content that is harmful, inaccurate, threatening, abusive, vulgar, violent, indecent, harassing, menacing, scandalous, inflammatory, blasphemous, racially or ethnically offensive, which may cause annoyance, intimidation, alarm, embarrassment or distress . , discomfort or inconvenience, that is otherwise objectionable, or any content that, in the sole discretion of the Company, is inappropriate.
• Post, upload or share content that a reasonable person would consider harmful, threatening, abusive or offensive based on an objective standard. "Reasonable" in this context and "man" as a legal term considers the opinions and morality established by the majority of Creators or users of all genders within the community and not by the reasonable viewer on the street. Regular use may incorporate elements and content that some users may find offensive or objectionable, but which are not illegal in the Creator's jurisdiction. Harmful content would be considered items that do not comply with applicable laws, cause undue distress to people depicted in the content, or are shared without their consent.
• Post, upload or share any content containing hate speech, including (1) any content (including stereotypes and symbols) posted on Nudicom with the intent to vilify, humiliate, dehumanize or incite hatred or fear against a group or individual for reasons of race. , ethnicity, national origin, immigration status, caste, religion, sex, gender identity and expression, sexual orientation, age, disability, serious illness or veteran status (“Protected Class(es)”), (2 ) statements of inferiority or demands exclusion or segregation based on the Protected Class, and (3) any deliberately false material that causes harm to a Protected Class; but excluding self-referential or empowering uses without the intention of vilifying, humiliating or inciting hatred or fear against a group or individual based on these categories.
• Post, upload or share content that depicts, advertises, promotes, encourages, facilitates or solicits (actual, simulated or implied) (i) sexual activity involving minors; (ii) incest; (iii) bestiality; (iv) violence, kidnapping, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or extreme bondage, weapons (unless obviously fake), asphyxiation, extreme fisting or genital mutilation; (v) necrophilia; (vi) Urine consumption; (vii) contents related to blood, scatology, vomit or excrement; (viii) age gaming or suggestions of underage participants, (ix) illegal prostitution or human trafficking, either explicitly or through the use of slang, acronyms or abbreviations; (x) “revenge porn” defined as any content containing any individual who has not consented to that content (a) being taken, captured or otherwise commemorated, or (b) posted, uploaded or shared at Nudicom; (xi) illegal or illicit drugs; (xii) suicide or self-harm; (xiii) any other behavior that is illegal or that may be considered obscene under applicable law.
• Post, upload or share content that advertises or solicits the sale or purchase of used clothing.
• Post, upload or share content that depicts anyone under the age of eighteen (18).
• Post, upload, or share content depicting any person without inspecting and maintaining sufficient written documentation to confirm that all subjects of your submissions are in fact eighteen (18) years of age or older, including written consent or authorization from each identifiable person in the submission to use his or her name or likeness and to permit inclusion and use of the submission in the manner contemplated by the Company.
• Post, upload or share content with the intent to extort money or other benefits from a third party in exchange for the removal of the content.
• Post, upload or share any content that uses or promotes sweepstakes, lotteries or other regulated games or sales promotion tactics;
• Post, upload or share any employment advertisement or content that violates anti-discrimination laws.
• Sell or buy used or dirty clothing.
• Publish, upload, share or collect telephone numbers, postal addresses, last names, email addresses, URLs, geographic location or any other personal information about users or third parties without their consent or, except as expressly authorized in these Terms, use Nudicom materials for any commercial use.
• Impersonate another individual or entity, whether real or fictitious, without consent, falsely claim an affiliation with any individual or entity; access or attempt to access the accounts of others without permission; misrepresent the source, identity or content of information transmitted on or through Nudicom; or engage in any other similar fraudulent activity.
• Send unsolicited sexual content to another User or otherwise engage in the non-consensual sexual objectification of another User.
• Use emojis, GIFs or other means to communicate any activity that violates these Terms.
• Engage in antisocial, disruptive, or destructive behavior, including “bombing,” “flaming,” “spamming,” “flooding,” “trolling,” and “griefing,” as those terms are commonly understood and used on the Internet, or engaging in any other conduct that has no other purpose than to harass, annoy or offend Users.
• Engage in platform manipulation, including using bots or other fraudulent means to artificially drive traffic or generate inauthentic interactions with your account or its content.
• Circumvent, disable, damage, intentionally misuse or otherwise interfere with the Company's operations, any User's enjoyment of Nudicom, or any security-related features that prevent, limit or restrict use or copy any material or impose limitations on the use of Nudicom, by any means, including posting, linking, uploading or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components , corrupt data or other malicious code, files or files. Programs designed to interrupt, destroy, limit or monitor the functionality of any computer software or hardware or any telecommunications equipment.
• Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, except and only if such activity is expressly permitted by applicable law despite this limitation.
• Access or use any automated process (such as a robot, spider, scraper or similar) to access Nudicom in violation of our robot exclusion headers or to remove all or a substantial part of Nudicom (other than in connection with the indexing of search engines in good faith). or as expressly permitted by the Company).
• Modify, adapt, translate or create derivative works based on Nudicom or any part thereof, except and only if applicable law expressly permits such activity despite this limitation.
• Commercially exploit or make Nudicom available to third parties, including any action or attempt to "frame" or "mirror" Nudicom.
• Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technological infrastructure or otherwise impose excessive demands on it.
• Attempt to perform any of the acts described in this section or assist or permit any person to engage in any of the acts described in this section.
• Unsolicited sexual content or unsolicited language that sexually objectifies another User or any other person in a non-consensual manner, or contains false or manipulated sexual content in relation to another User or any other person (including "deepfakes");
• Contains, promotes, advertises or makes reference to hate speech (being Content intended to vilify, humiliate, dehumanize, exclude, attack, threaten or incite hatred, fear or violence against a group or individual based on race, ethnicity or national origin). , immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious illness, veteran status, or any other protected characteristic);
• Contains or refers to personal data or private or confidential information of another person (for example, telephone numbers, location information (including street addresses and GPS coordinates), names, identification documents, email addresses, credentials login for Nudicom, including passwords and security questions, financial information, including bank account and credit card details, biometric data and medical records) without the express written consent of that person;

b. Any:

• In the case of Content that includes public nudity, was recorded or is transmitted from a country, state or province where public nudity is illegal;
• In the case of Content that features sexual activities, was recorded or transmitted from a public location where the public is reasonably likely to view the activities taking place (this does not include outdoor locations where the public is not present, e.g., private property, such as a private backyard, or secluded areas in nature where the public is not present).
• gives the impression that it comes from or is approved, authorized or endorsed by us or any other person or company;
• causes or is calculated to cause inconvenience or anxiety to any other person or is likely to annoy, embarrass or cause serious offense to another person;
• is used or intended to be used to extract money or other benefit from any other person in exchange for the removal of the Content;
•  I involves or promotes third party sales or commercial activities, such as contests, sweepstakes and other sales promotions, product placements, advertising or job postings or employment advertisements without our express prior consent.

c. Violations of prohibited uses

• Engaging in any Prohibited Use will be considered a breach of these Terms and may result in immediate suspension or termination of your account without notice, at our sole discretion. We reserve the right, but do not assume the obligation, to forfeit payment of any revenue earned by Users who violate these Terms and to refund part or all of such revenue to other Users who are affected by such violation. We may take any legal or other appropriate action against  you  if you engage in any of the above Prohibited Uses or any unauthorized use of Nudicom, including civil, criminal or judicial action, and termination of your account. Any unauthorized use of Nudicom or our computer systems violates these Terms and certain national, foreign and international laws.

d. Additional Prohibited Uses for Creators

• Creators must act in the best interests of the Company at all times, whether on Nudicom, on third-party websites, or offline. If you are a Creator and you violate these Additional Prohibited Uses for Creators or any other provision of these Terms, we may delete your account without payment and/or permanently ban you from Nudicom. If you are a Creator, you may not, without our prior express written authorization:
• Mislead users regarding the nature of any paid content;
• Attempt to defraud the Company or our Users (for example, working together with a member or "hacker" to accept payments with stolen credit cards).
• Attempt to fraudulently pass off recorded content as a live broadcast.
• Not comply with any legal representation made to Users for the purpose of selling their content.
• Record or transmit nudity or sexual activity from any public location where members of the public are reasonably likely to view its content.
• Reveal the personal information of any other Nudicom User or a third party without that person's consent.
• Request or accept payment for travel or in-person meetings for the purpose of engaging in sexual activity.
• Harass, disparage, defame or otherwise interfere with the Company or our users, or misrepresent or make false or misleading statements about the Company.

e. Report infringing content and activities

• If you are aware of any content on Nudicom or any User engaging in activities that violate these Terms, please email us at  [email protected]  with as much detail as possible, including a link or the location where we can find them, the name of username of the individual engaging in suspicious activity, the date and time of identification, the reason we are required to remove the objectionable content or investigate the activities, and a statement certifying the accuracy of the information you provided to us. If you are a Creator, you must report all infringing content and suspicious activity to us. We may consider you complicit in any infringing activity for which you were aware of suspicious activity but did not report it.

f. Law enforcement

• We will fully cooperate with any law enforcement authorities or orders of courts of competent jurisdiction by requesting or directing us to disclose the identity or location of any User who violates these Terms, in accordance with our privacy policies, privacy policies, compliance with subpoenas and applicable laws or regulations. Regulation. If your activity results in the Company receiving a subpoena, discovery request, subpoena, or court order that causes the Company to incur expenses, court costs, or legal fees for compliance, you agree to reimburse us for such expenses, court costs, or legal fees. Or legal expenses. Fees at our request.

     5. Third Party Websites

a. Links to Nudicom: You may link to our home page on your third-party social media accounts, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link. in such a way as to suggest any form of association, approval or endorsement on our part.

b. Links to Third Party Websites: Nudicom may contain links to third party websites and resources, including advertisements and sponsored links. These links are provided solely for your convenience. We have no control over the content of any third party websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked on Nudicom, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

     6. Intellectual property rights

a. Copyright: Other than User Content, Nudicom and all of its contents, features and functionality (including, but not limited to, all information, software, text, screens, images, videos and audio, and the design, selection and arrangement of the themselves), are the property of us, our licensors or other providers of such material and are protected by international copyrights, trademarks, patents, trade secrets and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download without consent (non-payment for content, use of piracy methods, hacking into the system or other methods outside the law or outside our policies), or fraudulently, store or transmit any material on Nudicom, except as follows:

• Your computer may temporarily store copies of such materials in RAM as a result of your accessing and viewing such materials;
• You may store files that are automatically cached by your web browser for improved display;
• Other than User Content, no right, title or interest in or to Nudicom or any Nudicom Content is transferred to you, and all rights not expressly granted are reserved by us. Any use of Nudicom not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. If you print, copy, modify, download fraudulently or use or provide any other person with access to any part of Nudicom in violation of the Terms, your right to use or access Nudicom will cease immediately and you must, at our option, return it. or destroy any copies of the materials you have made.
• To comply with the U.S. Digital Millennium Copyright Act (Title 17, United States Code), we will respond to appropriate notices of alleged copyright infringement and take appropriate action, including removing or disabling access to the allegedly infringing User Content and, if the Company deems appropriate, terminating the associated User account. For complete information and details on how the Company handles claims of copyright infringement, please visit our  DMCA Policy.

b. Trademarks: The Nudicom name, logo and all related names, logos, product and service names, designs and slogans are trademarks of us or our affiliates or licensors. You must not use such marks without our prior written permission. All other Nudicom names, logos, product and service names, designs and slogans are trademarks of their respective owners.

     7. Disclaimer of warranties

a. By using Nudicom, you acknowledge and agree to the following:

• Nudicom and all of the Company's services and features are provided without warranties of any kind, express or implied. To the maximum extent permitted by law, we disclaim any and all warranties, express or implied, with respect to Nudicom and all of the Company's services and features, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
• We do not guarantee or warrant the accuracy, usefulness, completeness or reliability of Nudicom, or the results of your use of Nudicom. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to Nudicom, or by anyone who may be informed of any of its contents.
• Your use of Nudicom and the Company's services and features shall be solely and entirely at your own risk. We do not guarantee that Nudicom and/or all of the Company's services and functions will be available at any given time or location, or will be secure, uninterrupted or free of errors, viruses or other harmful components. We do not guarantee or warrant that defects or errors will be corrected. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the maximum extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or otherwise.
• Proprietary Material due to your use of Nudicom or any services or items obtained from the Company. The foregoing does not affect any warranty that cannot be excluded or limited under applicable law.

     8. Limitation of liabilities

• a. The Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers and directors shall not be liable to you for any of the following:
• Errors, mistakes or inaccuracies of content.
• Personal injury or property damage resulting from your access to and use of Nudicom.
• User Content or any conduct of Users that violates these Terms.
• Products sold by other users, whether or not such sales are expressly prohibited by these Terms.
• Unauthorized access to or use of the Company's servers and any personal or financial information stored therein, including unauthorized access to or changes to your account, submissions, transmissions or data.
• Interruption or cessation of transmission to or from Nudicom.
• Bugs, viruses, Trojan horses, malware, ransomware or other disabling code that any person may transmit to or through Nudicom or that may infect your computer or affect your access to or use of Nudicom or its hardware or software.
• Incompatibility between Nudicom and its other services, hardware or software.
• Delays or failures you may experience in initiating, performing or completing any transmission or transaction with Nudicom.
• Loss or damage incurred due to the use of any content posted, emailed, posted or otherwise made available through Nudicom.

     9. Releases

a. You hereby release the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers and directors from all liability arising from User submissions or the conduct of other Users. or third parties, including disputes between you and one or more Users or third parties.

     10. Exclusion of Damages

a. Unless caused by gross negligence or intentional misconduct, the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers and directors shall not be liable to you for any direct damages, indirect, special (including so-called consequential damages), statutory, punitive or exemplary damages arising out of or in connection with your access or inability to access Nudicom or the content. This exclusion applies regardless of the theory of liability and even if you advised the Company of the possibility of these damages or whether the Company knew or should have known about the possibility of these damages.

b. The Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers and directors shall also not be liable to you for any damages for (1) personal injury, (2) pain and suffering, ( 3) emotional distress, (4) loss of income, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access or inability to access Nudicom or the content. This exclusion applies regardless of the theory of liability and even if you advised the Company of the possibility of these damages or whether the Company knew or should have known about the possibility of these damages.

c. If you are dissatisfied with Nudicom or have any other complaint, your sole recourse is to discontinue using Nudicom or file a complaint in accordance with the procedures below. The maximum liability of the Company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers and directors to you for any claim will not exceed one hundred dollars ($100) or the amount you have, whichever is greater. Paid to the Company for the applicable purchase from which liability arose even if the remedy fails of its essential purpose.

     11. Complaints, claims and appeals

a. Nudicom undertakes to resolve all complaints and appeals promptly and in good faith.

b. All media can be reported by any user directly on the site. You may also send an email to  [email protected]  containing your name, email address or username, applicable URLs (if applicable), a description of the problem (e.g., underage material, content non-consensual, personal information, impersonation, trademark). Infringement, spam, prostitution or trafficking, weapons, drugs, etc.) And any additional details (including whether you appear in the content, whether you agreed to the content being recorded, and whether you agreed to the content being published). In Nudicom.).

c. We intend to operate this system as efficiently and quickly as possible in a fair and reasonable manner. We strive to resolve all reports within seven (7) business days and provide clear guidelines to prevent issues from recurring. If a breach has occurred, we will determine the appropriate remedy and take any necessary action. Any content deemed illegal is removed immediately. We will not take action against other users for activities that occur on another platform or offline. We may suggest that you block the other user to prevent future interactions between you and the reported user.

c. Appeals for abuse removals can be sent to  [email protected]  with a written description of the reasons for the appeal. In cases where consent disputes cannot be resolved internally, such disputes are referred to a neutral arbitration association at our expense. Once an action is taken or if more information is needed from you, we will contact you by email or other electronic message.

• You and we will act in good faith throughout any mediation. However, any attempt to reach agreement through mediation on the settlement of a dispute between us will not affect our or your rights to commence legal proceedings at any time before, during or after the mediation process, as such rights are set out in our Terms and Services

d. We reserve the right to take advanced action against those users who (1) repeatedly violate our rules, or (2) engage in a single flagrant violation of our rules. These advanced actions may include, but are not limited to, deleting the offending user's account and permanently banning them from using Nudicom in the future.

e. Copyright infringement disputes are addressed by submitting DMCA notices to our Designated DMCA Agent in accordance with our  DMCA Policy  . Our response to DMCA notices or counter-notices is governed by the Digital Millennium Copyright Act and our  DMCA Policy.

f. If you are a user or not of the nudicom platform and have found content that includes images or videos of you without your consent, or any other material that violates our terms of service, you can contact us at [email protected]. We will verify the information immediately and, if unauthorized use of your image is confirmed, we will proceed to remove the content immediately. To appeal the removal of such content, please contact us by email at [email protected]. If you disagree with this appeal, we will allow a neutral body to resolve the dispute through arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. A single arbitrator will preside over the arbitration. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability or formation of these Terms, including any claim that all or any part of these Terms Terms are void or voidable. Unless the parties agree otherwise, the arbitration will take place in Orange County, Florida. Each party will be responsible for paying any administrative, filing, and arbitrator fees associated with the arbitration. The arbitrator may award any relief that would be available in court at law or in equity, except that the arbitrator may not award punitive or exemplary damages, or damages otherwise limited or excluded in these Terms. The arbitrator's award will include the costs of arbitration, reasonable legal fees, and reasonable costs for experts and other witnesses. The arbitrator's award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Unless required by law, neither the parties nor the arbitrator will disclose the existence or results of any arbitration under these Terms.

     12. Scope of disclaimers, exclusions and limitations

a. The disclaimers, exclusions and limitations set forth herein apply to the fullest extent permitted by law, but no further. The Company does not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages or other matters, one or more of the disclaimers, exclusions or limits will not apply to you.

     13. Compensation

a. Indemnification Provision:  You will pay the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, directors and contractors (the "Indemnified Parties") for any losses of the Indemnified Parties that is caused by any of the following: your access to Nudicom; your conduct on Nudicom, including any content you submit to Nudicom; your breach of these Terms; your actual or alleged violation of the rights of any person, including intellectual property and privacy rights; your actual or alleged violation of any law; your actual or alleged negligent, fraudulent or intentional conduct; or your actual or alleged criminal conduct. But you are not required to pay if the loss was caused by the Indemnified Parties' intentional misconduct.

b. Definitions Related to Indemnification: “Loss” means an amount for which the Indemnified Parties are legally responsible or otherwise payable. Amounts include, for example, a judgment, settlement, fine, damages, injunctive relief, personnel compensation, a decrease in property value, and expenses of defending against a claim for a loss (including attorney's fees). Legal advisors, expert witnesses and other advisors). A loss can be tangible or intangible; may arise from bodily injury, property damage or other causes; may be based on tort, breach of contract or any other theory of recovery; and includes incidental, direct and consequential damages. A loss is “caused by” an event if the loss would not have occurred without the event, even if the event is not a proximate cause of the loss.

c. Indemnified Parties' Duty to Notify You: If the indemnified party has your contact information, it will notify you no later than the 30th day after the indemnified party knows or reasonably should have known of a claim for a loss that you may be obligated to pay. . But the Indemnified Party's failure to promptly notify you does not terminate your obligation, except if such failure impairs your ability to defend or mitigate losses.

d. Legal Defense of a Claim: The indemnified party has control over the defense of a claim for a loss (including its resolution), unless instructed by the indemnified party to control the defense. If the Indemnified Party directs you to control the defense, you will not settle any dispute without the written consent of the Indemnified Party if the settlement (1) imposes a penalty or limitation on the Indemnified Party, (2) admits the Party's fault Indemnified Party, or (3) does not fully release the Indemnified Party from liability. You and the Indemnified Party will cooperate with each other in good faith on a claim.

e. Non-exclusivity: The rights of the Indemnified Parties herein do not affect other rights they may have.

     14. Disputes

a. Governing Law: The laws of the State of Florida, without giving effect to any conflict of law principles, govern all matters arising from your use of Nudicom or relating in any way to these Terms. The predominant purpose of these Terms is to provide services and license access to intellectual property and is not a "sale of goods." These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Except for disputes subject to arbitration, all disputes arising out of or relating to Nudicom or these Terms shall be subject to the exclusive jurisdiction and venue of the state or federal courts located in Orange County, Florida. Each party hereby submits to the personal jurisdiction of the Florida courts located in Orange County, Florida, to resolve all disputes not subject to arbitration. Each party hereby waives any right to seek another forum or venue due to an inappropriate or inconvenient forum. For the purposes of this section, Nudicom will be deemed to be based solely in the state of Florida and will be deemed to be a passive website that does not give rise to personal jurisdiction over the Company, whether specific or general, in any other jurisdiction.

b. Dispute Resolution: Each party will allow the other a reasonable opportunity to perform before asserting that the other party has failed to comply with its obligations under these Terms. The parties will first meet and negotiate with each other in good faith to attempt to resolve all disputes between the parties arising out of or relating to Nudicom or these Terms.

c. Choice of Litigation: Either party may choose to litigate the following type of case or controversy: (a) an action seeking injunctive relief, or (b) a lawsuit to compel compliance with this dispute resolution process.

d. Mediation: If the parties are unable to resolve a dispute arising out of or relating to Nudicom or these Terms through negotiation after thirty (30) days, either party may, upon notice to the other party, require that the dispute be mediated. By a certified mediator in the state of Florida. If the parties are unable to agree on a mediator within thirty (30) days, the parties may submit the dispute to arbitration or litigation as provided in these Terms. The mediation will take place in Orange County, Florida, or such other location as the parties mutually agree to. The language of mediation will be English. Each party will cover its own costs of mediation and the parties will share equally among themselves all costs of third-party mediation, unless the parties agree otherwise in writing. Each party will actively and constructively participate in the mediation procedure once it has begun and will attend at least one joint meeting between the mediator and the parties. Any party may terminate mediation at any time after an initial meeting between the mediator and the parties.

e. Arbitration: If the parties are unable to resolve a dispute through mediation, the parties will resolve any unresolved dispute arising out of or relating to Nudicom or these Terms through arbitration administered by the American Arbitration Association in accordance with its Arbitration Rules. Commercial. A single arbitrator will preside over the arbitration. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. Unless the parties agree otherwise, the arbitration will take place in Orange County, Florida. Each party will be responsible for paying any filing, administrative and arbitrator fees associated with the arbitration. The arbitrator may award any relief that would be available in a court at law or equity, except that the arbitrator must not award punitive or exemplary damages, or damages otherwise limited or excluded in these Terms. The arbitrator's award will include the costs of arbitration, reasonable legal fees, and reasonable costs for experts and other witnesses. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Unless required by law, neither party nor an arbitrator will disclose the existence, content or results of any arbitration under these Terms without the prior written consent of both parties.

h. Right to Injunctive Relief: Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters relating to data security, intellectual property, or unauthorized access to Nudicom.

i. Recovery of Expenses: In any proceeding between the parties arising out of these Terms or relating to the subject matter of these Terms, the prevailing party will be entitled to recover from the other party, in addition to any other relief awarded, all expenses that the party winner has paid. Incurs such proceedings, including legal fees and expenses. “Prevailing party” means, for any proceeding, the party in whose favor an award is made, except if in such proceedings the award finds in favor of a party on one or more claims or counterclaims and in favor of the other party on one or others. Claims or counterclaims, neither party will prevail. If any proceeding is voluntarily dismissed or dismissed as part of the resolution of that dispute, neither party will prevail in that proceeding.

j. Waiver of Jury Trial: Both parties hereby waive the right to a jury trial for any dispute arising out of or relating to Nudicom or these Terms. Either party may enforce this waiver up to and including the first day of trial.

k. Class Action Waiver: All claims must be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class or representative proceeding, and unless the Company agrees otherwise, the arbitrator will not consolidate claims over of a person. . Both parties acknowledge that each is waiving the right to participate in a class action.

l. Limitation on Time for Bringing Claims: A party will not bring a claim arising out of or related to Nudicom or these Terms more than one year after the cause of action arose. Any claim filed after one year is barred.

     15. Miscellaneous

a. Entire Agreement: These Terms constitute the entire agreement between you and the Company regarding your access to Nudicom. It supersedes all prior or contemporaneous agreements between you and the Company regarding access to Nudicom. A printed version of this agreement will be admissible in any proceeding arising out of (or relating to) these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any additional terms in Nudicom will govern the items to which they pertain.

b. Assignment and Delegation: The Company may assign its rights or delegate any performance under these Terms without your consent. You will not assign your rights or delegate your performance under this agreement without the prior written consent of the Company. Any attempted transfer of rights or delegation of benefits that violates this section will be void.

c. No Waivers: The parties may waive any provision of these Terms only in a writing signed by the party or parties against whom the waiver is sought to be enforced. No failure or delay in exercising any right or remedy, or in requiring satisfaction of any condition, under these Terms, and no act, omission or course of dealing between the parties, operates as a waiver or estoppel of any right, remedy. , or condition. A waiver made in writing on a single occasion is effective only in that case and only for the stated purpose. Once a waiver is granted, it should not be construed as a waiver on any future occasion or against any other person.

d. Divisibility: The parties intend the following:

• That if any provision of these Terms is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless such modification is not permitted by law, in which case that provision will be disregarded;
• That if modifying or ignoring the unenforceable provision would result in the failure of an essential purpose of this agreement, these Terms will be deemed unenforceable; that if an unenforceable provision is modified or ignored in accordance with this section, the remainder of these Terms will remain in effect. Vigor as written; and that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held unenforceable.

e. Notice to Company: You may send notice to Company by email to  [email protected]  unless a specific email address is established for giving notice. The Company will consider an email notification received by the Company only when its server sends you a response message acknowledging receipt. The Company may change its contact information on one or more occasions by posting the change on Nudicom. Please refer to Nudicom for the most up-to-date information for submitting notices to the Company.

f. Notice to You: You agree to receive any notice from Company in electronic format, either (1) by email to the last known email address Company has for you, (2) a notice to your account, or (3) ) by publishing the notice in a Nudicom location chosen for this purpose. The Company will consider email notifications to you received when your email service displays transmission to your email address. You represent that any email address you provided to Company for contacting you is a current and valid email address for receiving notifications, and that your computer has hardware and software configured to send and receive email over the Internet and to print any email you receive.

g. Force Majeure:  The Company is not liable for any failure to perform if unforeseen circumstances or causes beyond its reasonable control delay or continue to delay its performance, including: Acts of God, including fires, floods, earthquakes, hurricanes, tropical storms, epidemics, pandemics or others natural disasters; war, riots, arson, embargoes, acts of civil or military authority or terrorism; fiber cuts; strikes or shortages of transportation, facilities, fuel, energy, labor or materials; failure of telecommunications or information services infrastructure; and hacking, spam or any failure of a computer, server, network or software.

h. No Third Party Beneficiaries: These Terms do not confer, and the parties do not intend to confer, any rights or remedies on any person other than the parties to this agreement.

i. Relationship of the Parties: These Terms do not create, and the parties do not intend to create, a partnership, joint venture, agency, franchise or employment relationship between the parties and the parties expressly waive the existence of any such relationship between them. Neither party is an agent of the other and neither party has the right to bind the other in any agreement with a third party.

j. Successors and Assigns: These Terms inure to the benefit of and are binding on the parties and their respective successors and assigns.

k. Communication Preferences: By registering for an account, you agree to receive electronic communications from the Company related to your account. These communications may involve sending emails to your email address provided during registration or posting communications to Nudicom and will include notices about your account (for example, payment authorizations, changing your password or payment method, emails confirmation and other transactional information) and are part of your relationship with the Company. You acknowledge that any notice, agreement, disclosure or other communication that the Company sends to you electronically will satisfy any legal communication requirements, including that these communications be in writing. The Company recommends that you retain copies of electronic communications by printing a paper copy or saving an electronic copy. You also agree to receive other communications from the Company, including newsletters about new features and content, special offers, promotional announcements, and customer surveys via email or other methods. You acknowledge that communications you receive from the Company may contain sexually explicit material not suitable for minors. If you no longer wish to receive certain non-transactional communications, please review the Marketing Communications Opt-Out Privacy Policy.

l. Non-Private Electronic Communications: The Company does not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to or from the Company as communications that are open and easily accessible to the public. You should not use Nudicom to send or receive messages that you only want the sender and designated recipients to read.

n. Electronic Signatures: Any affirmation, assent or agreement you submit through Nudicom will bind you. You acknowledge that when you click "I Accept," "I Agree," or another similarly worded "button" or input field with your finger, mouse, keystroke, or other device, your agreement or consent will be legally binding. and executable. And the legal equivalent of your handwritten signature.

o. California Consumer Rights Information: If you are a California resident, you may contact FH Logistic LLC at 18000 NW 68 AVE Hialeah FL 33015 or by email at  [email protected]  to resolve any dispute or receive more information about Nudicom. Users who want to access the Nudicom password-restricted area must register. The Company does not charge consumers to register, but does charge to purchase content or subscriptions.

p. English Language: The Company drafted these Terms in the English language. No translation into any other language will be used to interpret or interpret this agreement. All services, support, notices, designations, specifications and communications will be provided in English.

q. Contact: All comments, technical support requests and other Nudicom-related communications should be directed to  [email protected]