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TERMS OF SERVICE & LEGAL DISCLAIMER

Privacy

Any and all content posted by any person is deemed to be open to the public. There is no expectation of privacy for any posts, comments, media, or any content uploaded or posted on this website. The previous statements are also valid for the areas of this website labelled for private or limited availability. All content must be regarded as "digitally permanent," the idea that once something is uploaded, posted, published or otherwise “put on” the Internet, it will be there forever. - “What goes on the Internet, stays on the Internet.” Videos, blogs, photos, comments, Tweets, website visits, clicks on links, views of YouTube items, Google search terms and results, and, yes, Facebook posts, are all designed to last forever. “Once on the web, always on the web.”

Acceptance of the Terms of Service


By accessing, using, or visiting www.trulynakedfitness.com (“we,” “us,” “our,” or this “Website”), any of its Content, functionalities, and services, you signify your agreement to these Terms of Service, including policies and related guidelines (for instance, Child Sexual Abuse Material Policy and Non-Consensual Content Policy) (collectively the “Terms” or “Terms of Service”), and our Privacy Notice incorporated herein by reference.

You may terminate these Terms of Service at any time by deleting your account and refraining from further use of our services.

These Terms of Service apply to all users, including Content Partners, Models, and Verified Uploaders who may also be contributors of Content, of this Website (collectively “you,” “User,” or “Users” as the context requires), whether accessed via computer, mobile device, or other technology, manner, or means.

“Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, textual content, and other materials you may view, upload, publish, submit, make available, display, communicate, or post on this Website.

“Content Partners” and "Models" means Users of this Website who have agreed to have their image and likeness uploaded and visible on this website.

You consent to entering these Terms of Service electronically and to the storage of records related to these Terms of Service in electronic form.

Ability to Accept Terms of Service


You affirm that you are at least 18 years of age and the age of majority in the jurisdiction you are accessing this Website from and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service and to abide by and comply with these Terms of Service. If you are under 18 and the applicable age of majority, DO NOT use this Website.

You also represent that the jurisdiction from which you access this Website does not prohibit the receiving or viewing of sexually explicit Content. Whether you are a registered or unregistered User, we may require that you provide us and/or our third-party age verification service providers with information to help us determine that you are over the age of majority required to have access to this Website and to view its Content.

For more information on how this information is processed, please review our Privacy Notice. Failure to provide us and/or our third-party age verification service providers with information, when required, to help us determine that you are over the age of majority required to have access to this Website and view its Content will lead to the termination or suspension of your access rights to all or part of this Website.

Changes to the Terms of Service


We may amend these Terms of Service, found at https://www.trulynakedfitness.com/policies, from time to time. If we do, we will give you reasonable, advance notice in a transparent manner, in text form, for example via a pop-up notification on the Website when logging on to your account, or via email. Unless otherwise communicated by us, you will be deemed to have agreed to the changes unless you notify us, in writing and before the proposed effective date of the changes, that you do not agree.

If you do not agree to the changes, you may no longer use our Website after the proposed changes come into effect. In this case, either you or we can terminate these Terms of Service with immediate effect.

Each updated version of these Terms of Service supersedes any prior versions as of the ‘Last Modified’ date found at the top, and any prior version(s) shall have no continuing legal effect.

About This Website


This Website allows for the general viewing of adult-oriented Content by Users, registered and unregistered. In addition, this Website allows for uploading of adult-oriented Content by Content Partners, Verified Uploaders, and Registered Users.

This Website may contain links to third-party sites that are not owned or controlled by this Website or its operator. This Website has no control over and assumes no responsibility for the Content, privacy policies, or practices of any third-party sites. In addition, this Website will not and cannot censor or edit the Content of any third-party site. By using any part of this Website, you expressly relieve us from all liability arising from your use of any third-party sites. Accordingly, we encourage you to be aware when you leave this Website and to read the terms, conditions, and privacy policies of other sites you visit.

This Website is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by this Website.

This Website is for adult-oriented Content. Other categories of Content may be rejected or deleted at our sole discretion. You understand and acknowledge that when using this Website, you will be exposed to Content from a variety of sources and that this Website is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against this Website with respect thereto. You agree to indemnify and hold this Website, its operator, its parent corporation, its affiliates, licensors, service providers, officers, directors, employees, agents, successors, and assigns harmless to the fullest extent allowed by law regarding all matters related to your use of this Website.

Communication Preferences / Single Point of Contact


By using and registering as a User on this Website, you expressly and specifically consent to receiving electronic communications from us relating to your account. These communications may involve sending emails to your email address provided during registration or posting communications on this Website (for example, through the members’ area on this Website upon login to ensure receipt in the event you have unsubscribed from email communications) or in the “My Account” or “My Profile” page and may include notices about your account (such as changes in password or confirmation emails). These communications are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.

In accordance with Articles 11 and 12 of Regulation (EU) 2022/2065 (the “Digital Services Act” or “DSA”), dsa@trulynakedfitness.com is the designated, single point of contact for communications with recipients of the services offered herein, as well as for European Union Member State authorities, the Commission, and the Board for Digital Services. Please conduct all communication in English.

For any removal orders pursuant to Regulation (EU) 2021/784 (the “Terrorist Content Online Regulation” or “TCO”), designated competent EU authorities can complete our removal form. After submission of this form, you will receive further instructions by email, to which you may respond with a removal order. For such removal orders, please use the template provided in Annex I of the TCO and conduct all communication in English.

Accessing this Website and Account Security


We reserve the right to withdraw or amend this Website, and any service or material we provide on this Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this Website, or the entire Website, to Users, including registered Users.

You are responsible for:

  • Making all arrangements necessary for you to have access to this Website, and

  • Ensuring that all persons who access this Website through your internet connection are aware of these Terms of Service and comply with them.

To access this Website or some of the resources it offers, you may be asked to provide certain registration details or other information. To know more about the information required to use this Website to upload Content, please refer to the sections entitled “Rules Applicable to All Content and Uploaders on this Website,” “Rules Applicable to Verified Uploaders,” “Rules Applicable to Content Partners,” and “Rules Applicable to Models,” as well as the Privacy Notice. It is a condition of your use of this Website that all the information you provide on this Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on this Website, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person. You are fully responsible for all activities that occur under your username or password. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of this Website using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security by contacting us at support@trulynakedfitness.com. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Although this Website will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of this Website or others due to such unauthorized use.

If you interact with us or with third-party service providers, you agree that all information that you provide is and will be accurate, complete, and current. You will review all policies and agreements applicable to the use of third-party services. In the event you use our Website over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees, will still apply.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

Limited, Conditional License to Use Our Intellectual Property


Truly Naked Fitness and associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used on or through this Website, such as trademarks, service marks, names, or logos associated with third-party content providers, are the trademarks, service marks, or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks, or logos.

The inclusion of images or text containing the trademarks or service marks or the name or likeness of any person, including any celebrity, does not constitute an endorsement, express or implied, by any such person, of this Website or vice versa.

This Website and certain materials available on or through this Website are Content we own, authored, created, purchased, or licensed (collectively, our “Works”). Our Works may be protected by copyright, trademark, patent, trade secret, and/or other laws, and we reserve and retain all rights in our Works and this Website.

We grant you a conditional, revocable, non-sublicensable, non-transferable, non-exclusive, and limited license to access and use our Website and Works solely for your personal use, conditioned upon your compliance with these Terms of Service and your agreement to display this Website whole and intact as presented by this Website’s host, complete with any advertising, to not interfere with the display of any advertising, and to not use ad-blocking software of any kind. This limited license is further conditioned upon your agreement not to use any information obtained from or through this Website to block or interfere with the display of any advertising on this Website, or for the purpose of implementing, modifying, or updating any software or filter lists that block or interfere with the display of any advertising on this Website. Interference with the display of any advertising on this Website, use of ad-blocking software to block or disable any advertising while viewing this Website, or use of information obtained from or through this Website to update any ad-blocking software or filter lists, is prohibited, violates the conditions of your limited license to view this Website and Works, and constitutes copyright infringement.

You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display this Website and Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your license and constitute copyright infringement.

This Website may provide an “embeddable player” feature, which you may incorporate into your own website for use in accessing the Content on this Website. You may not modify, build upon, or block any portion or functionality of the embeddable player in any way, including but not limited to links back to this Website.

The above-described license is conditioned on your compliance with these Terms of Service, including, specifically, your agreement to view this Website whole and intact as presented by this Website’s host, complete with any advertising, and shall terminate upon termination of these Terms of Service. If you breach any provision of these Terms of Service, any license you have obtained will be automatically rescinded and terminated. In order to protect our rights, some Content made available on this Website may be controlled by digital rights management technologies, which will restrict how you may use the Content. You must not circumvent, remove, delete, disable, alter, or otherwise interfere with any digital rights management technology. Such conduct is prohibited by law.

You are not allowed to reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify, or otherwise copy or reproduce our Works or Content that does not belong to you, in whole or in part.

Use of Website


You agree that you will only use this Website and our services for the lawful purposes expressly permitted and contemplated by these Terms of Service. You may not use this Website and our services for any other purposes, including but not limited to commercial purposes, without our express written consent.

You agree that you will view this Website and its Content unaltered and unmodified. You acknowledge and understand that you are prohibited from modifying this Website or eliminating any of the Content of this Website, including ads. You must not circumvent, remove, delete, disable, alter, or otherwise interfere with any age and biometrics verification processes (or any other, similar verification processes as offered from time to time), technologies or security tools used anywhere on this Website or in connection with our services. By using this Website, you expressly agree to accept advertising served on and through this Website and to refrain from using ad blocking software or to disable ad blocking software before visiting this Website.

Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of this Website and as permitted under these Terms of Service. You shall not download, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content which are not permitted in the Terms of Service.

Prohibited Uses and Reporting


Content you attempt to publish on the Website must not infringe any applicable laws or rights of third parties. Further, Content posted must not violate these Terms of Service, including any policies or documents referenced in these Terms of Service, and especially the “Prohibited Uses” section found herein.

If you see any Content you suspect violates applicable law, third party rights, or these Terms of Service, please report such Content to us, using the electronic form available at https://www.trulynakedfitness.com/contact. Further, the Website does not permit any form of revenge porn, blackmail, or intimidation, and such violations may also be reported using the content removal link herein.

We will give due priority to reports submitted by our Trusted Flaggers, who have been granted this status by the Digital Services Coordinator of the relevant Member State of the European Union. In addition, Non-Governmental Organizations and Statutory Offices can also join the Truly Naked Fitness Trusted Flagger Program.

You agree that you will not use or attempt to use any method, device, software, or routine to harm others or interfere with the functioning of this Website or use and/or monitor any information in or related to this Website for any unauthorized purpose.

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content. Any determination regarding breach of any of the following is final. Please review the following list of prohibited uses carefully before using this Website. Specifically, you agree not to use any of this Website to:

  • violate any law or encourage or provide instructions to another to do so;

  • act in a manner that negatively affects other Users’ ability to use this Website, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence to people or animals, harassing, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable;

  • post any Content that depicts any person under 18 years of age (or older in any other location in which 18 is not the minimum age of majority) whether real or simulated;

  • post any Content for which you have not maintained written documentation sufficient to confirm that all subjects of your posts are, in fact, over 18 years of age (or older in any other location in which 18 is not the minimum age of majority);

  • post any Content depicting underage sexual activity, non-consensual sexual activity, revenge porn, blackmail, intimidation, snuff, torture, death, violence, incest, racial slurs, or hate speech, (either orally or via the written word);

  • post any Content that contains falsehoods or misrepresentations that could damage this Website or any third party;

  • post any Content that is obscene, illegal, unlawful, fraudulent, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

  • post any Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation;

  • post any Content containing sweepstakes, contests, or lotteries, or otherwise related to gambling;

  • post any Content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own or for which you have not obtained all necessary written permissions and releases;

  • post any Content which impersonates another person or falsely states or otherwise misrepresents your affiliation with a person;

  • use this Website (or post any Content that) in any way that promotes or facilitates prostitution, solicitation of prostitution, human trafficking, or sex trafficking;

  • use this Website to arrange any in-person meetings for purposes of sexual activity for hire;

  • deploy programs, software, or applications designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial of service attack or similar conduct;

  • deploy or use programs, software or applications designed to harm, interfere with the operation of, or access in an unauthorized manner, services, networks, servers, or other infrastructure;

  • exceed your authorized access to any portion of this Website;

  • remove, delete, alter, circumvent, avoid, or bypass any digital rights management technology, encryption or security tools used anywhere on this Website or in connection with our services;

  • remove, delete, alter, circumvent, avoid, or bypass any age verification processes, technologies or security tools used anywhere on this Website or in connection with our services;

  • collect or store personal data about anyone;

  • alter or modify without permission any part of this Website or its Content, including ads;

  • obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through this Website;

  • exploit errors in design, features which are not documented, and/or bugs to gain access that would otherwise not be available.

Additionally, you agree not to:

  • use this Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of this Website, including their ability to engage in real-time activities through this Website;

  • use any robot, spider, or other automatic device, process, or means to access this Website for any purpose, including monitoring or copying any of the material on this Website without our prior written consent;

  • use any manual process to download, monitor or copy any of the material on this Website or for any other unauthorized purpose;

  • use any information obtained from or through this Website to block or interfere with the display of any advertising on this Website, or for the purpose of implementing, modifying or updating any software or filter lists that block or interfere with the display of any advertising on this Website;

  • use any device, bots, scripts, software, or routine that interferes with the proper working of this Website or that shortcut or alter Website functions to run or appear in ways that are not intended by this Website’s design;

  • introduce or upload any viruses, trojan horses, worms, logic bombs, time bombs, cancelbots, corrupted files or any other similar software, program, or material which is malicious or technologically harmful or that that may damage the operation of another’s property or of this Website’s or our services;

  • attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of this Website, the server on which this Website are stored, or any server, computer, or database connected to this Website;

  • remove any copyright or other proprietary notices from our Website or any of the materials contained therein;

  • attack this Website via a denial-of-service attack or a distributed denial-of-service attack;

  • otherwise attempt to interfere with the proper working of this Website.

Miscellaneous

No waiver by us of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service 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 Service, which shall remain in full force and effect.

The Terms of Service, our Privacy Notice, our Copyright Policy and any documents they expressly incorporate by reference constitute the sole and entire agreement between you and us with respect to this Website.

We may terminate these Terms of Service for any or no reason at any time by notifying you through a notice on this Website, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination of the Terms of Service, you will no longer have a right to access your account or your Content. We will not have any obligation to assist you in migrating your data or your Content and we may not keep any back up of any of your Content. We undertake no responsibility for deleting your Content under these Terms of Service. Note that, even if your Content is deleted from our active servers, it may remain in our archives (but we have no obligation to archive or back-up your Content), and subject to the licenses set forth in these Terms of Service. 

https://www.trulynakedfitness.com/contact

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