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BODYARCHIVES.com Terms of Use

Updated as of June 18, 2010

By using, becoming a member or visiting bodyarchives.com (“Service”, “us”, “our”, “we”, “Website”, “site”), a site owned by Humanity Inc., you (“Member”, “your”, “Subscriber”, “I”, “user(s)”) accept this User Agreement (“Agreement”). 

General Information

We are building a community of adults who have an appreciation of the human form.  The objective of this website is to encourage a forum of creativity and ideas to explore our minds and bodies.  BODYARCHIVES.com is an archive and gallery to exhibit and document ideas, work and creativity.

To maintain quality on BODYARCHIVES.com and protect the integrity of work on this site, application for membership must be approved and all future submissions as well as any modifications will be reviewed before being posted.  Area, category and sub-category placement may be changed from that which you have selected. 

All content submitted must be of or relate to the adult human being.  Please be courteous to other people.  The content provided on this website is AS IS and is solely for your information and personal use.  Written permission must be received from the copyright owner for any other use.

You must provide accurate account information that must be kept current.

You must currently be 18 years of age or older to enter or make use of this site or are of the appropriate age in the jurisdiction in which you live or are accessing this Service.  In your access or use of bodyarchives.com you agree that you do not find images/writing/sexual material/content relating to nude and/or clothed adults to be offensive.

This website is controlled and operated by Humanity Inc. from its office in the United States of America.  Bodyarchives.com makes no representations that bodyarchives.com is acceptable or available for use in other locations.  Those who choose to access this website from other jurisdictions do so of their own initiative and are responsible for compliance with local laws. Use of this website is contingent upon it not being in violation of any law or regulation in the country in which you live or the country in which you are accessing this Service.

You agree that the viewing, reading and personal use of sexually oriented material involving nude and/or clothed adults does not violate the laws or regulations in the jurisdiction in which you live or are accessing this website.  If it is a violation of the laws or regulations of the jurisdiction in which you live or are accessing this website, you will not enter and immediately leave this site.  In your use of this website you agree to comply with these Terms of Use and all applicable local, domestic and international laws and regulations.

You may submit/post photographs or content about yourself, art you have created or if you are a collector of art, pieces from your collection.  Modeling photographs are to be submitted to the Body Gallery (Add / Edit Body Submissions that is accessible when you are logged in).  Submissions must include photographs you have created or modeled for and may only be posted if you are the copyright holder, have permission from the copyright holder for posting or you have the right to post the images.

Art you have created, modeled for or collected such as drawings, paintings, photography, sculpture, vintage public domain photography or any other medium is to be submitted to the Art Gallery (Add/Edit Art Submissions that is accessible when you are logged in).  Professional photographs or work that you have created, modeled for or collected and that are art may be submitted to the Art Gallery within the appropriate category.  While everything we experience may be considered art and exactly what constitutes art is open to discussion, please use discretion in placing images in the proper category to maintain coherence on this site. Photographs, film, video images or work in any other medium you have created, modeled for or own can only be posted if you hold the rights to the work, have permission from the copyright owner for posting, you have the right to post the images or it is public domain material.  Any images or content you submit must be of or relate to adult human beings 18 years of age or older.  Work included in the Body Archives and Nude Archives can only be added, edited or removed by the bodyarchives.com website administrator and requests will be addressed.

Please fill in as many fields as possible such as Photographer, Artist, Model, Title, Dimensions, Year Created, etc. with accurate information when making submissions.

You are solely responsible for any content you submit or post and in you accessing this Website, are solely responsible for any content you view or any interactions you may have either online or in person.

The Body Archives and Nude Archives categories of this website is content that is posted by bodyarchives.com.

You may not use another user’s account and any rights and licenses granted in your use of bodyarchives.com may not be transferred or assigned by you.  You must keep your password secure and if it is lost or stolen you must notify bodyarchives.com immediately.

All models and performers provided by bodyarchives.com are over 18 years of age, have consented to being photographed and signed a model release providing proof of age and identity.  It is the responsibility of the member posting contemporary photographs, film, video images or images from other electronic media of any real person(s) to have a signed model release and documentation regarding appropriate age and identity of the consenting model. 

You are responsible for possessing the ability and all equipment necessary to access this Service.

 You Agree that you:
Will not submit/post images or content of children less than 18 years of age.

Will not provide access to or information about this website to anyone who is under 18 years of age.

Will not submit/post images that depict people engaged in sexual acts.

Will not submit/post blatant, gratuitous images of genitalia.

Will not submit/post content that is violent, racially, ethnically or religiously offensive.

Will not submit/post vintage photos or art that you do not own (Only submit pieces from your personal collection that are vintage public domain or you own the rights to).

Will not submit/post reproductions, copies or reprints of images (Only submit images of originals from your personal collection).

Will not submit/post content in improper category areas on the site.

Will not harass any member.

Will not distribute viruses or any other technologies that may interfere with or harm bodyarchives.com and its members.

Will not violate copyrights, trademarks or other intellectual property of either this website or the respective owner of content being posted.

Will not engage in spamming.

Will not engage in fraudulent activities directed toward the site or its members.

Will not hold this Service responsible for any aspect of the functionality or lack of functionality for this website.

Will not hold this Service responsible for any content that is posted or any members’ actions or inactions.

Indemnification

You agree to indemnify and hold harmless, bodyarchives.com, its parent corporation, officers, independent contractors and agents from and against any and all claims, losses, liabilities, and expenses of any kind arising out of your use of this Website, your violation of any third-party right or any claim that your submission caused damage to a third party.  This indemnification will survive these Terms of Use of the bodyarchives.com website.

Independent Interaction

Nothing contained in this Agreement shall be construed to create a partnership, joint venture, or any other type of relationship. Likewise, nothing contained in this Agreement shall be construed to create an employment contract. The parties to this Agreement intend that the sole interaction between them shall remain separate and independent.  Accordingly, User’s, please do not submit ideas for this website.

Help

Should a problem arise, please contact us by email so we may address your concerns.  Please go to the Contact Us button on the Homepage.  We will try to contact you as soon as possible, but please allow several days for a response.

Dispute Resolution

Any controversy or claim arising out of or relating to this agreement or the breach there of which cannot be settled by direct negotiations, shall be submitted to final and binding arbitration pursuant the rules of the American Arbitration Association (AAA).  The arbitration proceedings will be held exclusively in Suffolk County, New York, USA.  One arbitrator chosen according to the rules of the AAA shall hear the matter.  Judgment upon the award rendered by the arbitration may be entered in any court having jurisdiction thereof.  It is further agreed that within fifteen (15) days from written request by either party, the arbitration hearings shall be conducted as soon thereafter as possible.  The losing party shall bear the cost of arbitration.  The arbitrator’s decision shall be binding upon the parties and shall be based upon the Agreement as amended.  The decision of the arbitrator shall be final and may be enforced by any court of competent jurisdiction.  Any dispute or claim must commence within one year of the incident, otherwise such incident or claim shall be unenforceable and permanently barred.  

Content License

You retain all ownership rights in any content you submit to which you are the owner.  However, you understand and acknowledge that when you provide images/writing/content to this site you are granting permission and the right to bodyarchives.com to worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable license to use, reproduce, display, employ derivative works of, promote and distribute through any and all media channels as well as any unidentified use to any and all copyrights, trademarks, patents, intellectual property, trade secrets or any other proprietary information you may own in any media or medium now known or yet to be invented.  By accessing this Service and/or submitting content in any form, you waive any privacy rights or expectations, as well as waiving your rights in copyrights, trademarks, patents, intellectual property, trade secrets or any other proprietary information that you may own in any media or medium now known or yet to be invented with regard to use by bodyarchives.com of your content that you have provided.  You also grant each user of the bodyarchives.com website the right to access your content for the users personal information and use.  This includes the user’s non-commercial distribution of your content to other people.  As members, we are creative people and are trying to encourage others to see the work on this site.

 

Copyrights and Intellectual Property
All copyrights are the property of the respective copyright holder or owner.  If you are interested in images/writing/content a member has posted on this website for use that is commercial or other than that which is personal, please contact that member for written permission of use or to purchase the right to reproduce the members’ content, should the member so desire.  The same applies to content provided by bodyarchives.com.  Accordingly, should a member or bodyarchives.com offer tangible, physical, actual, work for sale, of their images, content or text that is on this website, copyrights of the copyright holder are to be respected even if for personal information and use and the content purchased may not be distributed to other people.

Additionally, all trademarks, patents, intellectual property, proprietary information and trade secrets are the property of the respective owner.

You may only submit content that you are the copyright owner of, have permission from the copyright owner to post, have a right to post or to which you are the copyright owners agent.

Copyright Infringement

If you believe someone is violating your copyright on this site please hit the Help button on the Home Page for information.

Website Usage

Bodyarchives.com is not responsible for accuracy, safety, usefulness, intellectual property rights, copyright infringement, trademarks, any material appearing on this website or any interaction you may have with members or other people either online or in person, that has been initiated through your use of this website.  Bodyarchives.com is not responsible for any information about you that may be disseminated intentionally, accidentally, through theft or any other reason.  Please be aware that the information you disclose about yourself and the settings you choose or change in the Sign Up will affect your privacy.  In using this website you acknowledge that you may be exposed to content you find offensive, inaccurate, or otherwise objectionable to you and you agree to waive any legal or equitable rights or remedies you may have against bodyarchives.com. 

Membership Termination

A Repeat Infringer’s account may be terminated and blocked from using the bodyarchives.com website for copyright or other intellectual property infringement.   

Your membership may be denied, terminated or blocked permanently for any reason, with or without cause at any time without prior notice and at bodyarchives.com sole discretion.

No Obligation for Re-Posting of Material

Bodyarchives.com reserves the right to remove any and all content, user submissions and discontinue any aspect of this website at any time.  There is no obligation for the website to re-post material that has been removed, regardless of the reason.  The website is not liable for not re-posting material that has been removed.

Terms of Use Revisions

Please periodically review this Terms of Use Agreement, the bodyarchives.com Privacy Policy, other legal documents and general information on this website.  Bodyarchives.com may in its sole discretion amend, revise or modify this Agreement and any information provided for use of bodyarchives.com at any time, without notice which will take effect immediately.

Third Party Links

Bodyarchives.com contains links to third party websites or other third party information that bodyarchives.com has no control over.  By using this Website you expressly relieve bodyarchives.com of any and all liability arising form your use of any third-party website or information. 

No Liability
Use of the bodyarchives.com website is at your sole risk and you acknowledge that bodyarchives.com and its parent company, officers, agents and independent contractors shall not be responsible or liable in any way for your use of this website.  If you do not agree with this, then do not use this Service.

No Warranty
Bodyarchives.com, its parent company, its officers, independent contractors and agents make no warranty of any kind regarding your use of the bodyarchives.com website.  This includes but is not limited to the following: content, copyrights, trademarks and all other forms of intellectual property, personal injury, property damage, lost profits, damages of any kind, misinformation, unauthorized access to our secure servers, personal information and financial information (even if advised of the possibility of such losses). Viruses, Trojan Horses, robots, spiders, bugs, any and all other invasive/destructive technologies that may be transmitted through bodyarchives.com by any third party or your interaction with any third party that has been introduced to you through the bodyarchives.com website, interruption or stoppage of service due to any and all causes, any products, services or other, offered, advertised, accessed or introduced through the bodyarchives.com website or through any third party.  Bodyarchives.com is not required to monitor or is in any way responsible for any transactions or interactions (personal or professional), any and all products, services or contact of any kind.  Bodyarchives.com, its independent contractors and its agents are not responsible for any downtime or inaccessibility to the bodyarchives.com website for any reason.

 Severability

If any term or provision of this Agreement or the application thereof to any person, entity or circumstance shall to any extent be invalid or unenforceable, the remainder of this agreement shall be valid and enforceable to the fullest extent permitted by law. 

This is the Entire Agreement

The Terms of Use, Privacy Policy, Sign Up, Help, any other legal notices and general information published by bodyarchives.com on the bodyarchives.com website shall constitute the entire agreement between you and bodyarchives.com.

 

 

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