18 U.S.C. Section 2257 Compliance Notice
By placing an order or making a purchase on our website, you agree to the terms set forth below.
When you create an account on NothingButCurves (“us” or “we”) you agree to all of the terms and conditions of this User Agreement (the “Agreement”). This Agreement constitutes the entire agreement between us and you with respect to your use of the communication facilitation platform (the “Platform”) available at NothingButCurves. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Platform. Please read the following terms and conditions carefully, as they form the agreement between the Site, or any of its successors or assigns (referred to herein as the “Site”, “we” or “us”) and you (sometimes referred to herein as “you” or “your”)
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE PLATFORM, AND SHOULD NOT PROCEED TO REGISTER. BY USING THE PLATFORM YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY AND ALL AMENDMENTS THAT WE MAY MAKE TO IT FROM TIME TO TIME.
Models / Hosts must continue to post and add to their premium feeds throughout the life of any active billing members. Failure to provide billing members with updated feeds is against our terms of service. Such activity will see your account reviewed and potentially deactivated. If such action is taken any monies due will be held for a period of 90 days until completion of the investigation. With any associated fees deducted from any final payout.
Minimum Age. You must be at least 18 years old to use the Site or to register for the Services. By using the Service, you represent and warrant that you are at least 18 years old.
Members of the Website are divided into two categories: (1) Users, and (2) Hosts. NothingButCurves serves as a platform to allow users to interact with their favoured Hosts. Hosts have individual profiles in which personal information (“information”) is withheld absent a specified contribution amount designated in the Host’s profile. This information allows users exclusive access into the Hosts lives (“access”). We are not responsible for what the Hosts choose to give their users or how they choose to deliver that access.
It is imperative that you provide the correct information when you sign up, because there may be changes to your purchase. If you provide the incorrect information, we will attempt to contact you via the provided email. If changes in the Host’s information render your access void, we will contact you with any changes via the provided email. If the provided email is incorrect or we receive no response, then it will be your responsibility to contact us with the proper email address and information. If your information or email address changes, then it is your responsibility to notify us of those changes. We can be readily contacted at the following email address [email protected] Your payment is final whether you provide the correct information or not.
Monthly subscription price. If your subscription is cancelled and then renewed at a later date, you will be subject to the latest rate available for that Host at the time of renewal. If you provide the incorrect information, therefore making it impossible to grant you access, your subscription will begin up to 24 hours after your purchase. We will attempt to reach you, but, as stated above, it is ultimately your responsibility to provide the correct information. If a change to the Host’s information occurs, you will be contacted with the new information via the provided email address, and it is your responsibility to act on that information. Your subscription will be automatically renewed each month until cancelled.
NothingButCurves reserve the right to revise and amend this Agreement at any time and in any manner. Any time any changes are made to this Agreement, the “Last Updated” date at the top of this page will be updated to the date such changes were made. You agree to regularly review this Agreement to confirm no revisions have been made to it. Should you not agree to any new changes, you must immediately terminate your account (if any) and cease accessing the Platform and NothingButCurves. Your right to use the Platform is subject to any limitations, conditions, and restrictions established and enforced by us from time to time, in our sole discretion. We may alter, suspend, or discontinue any or all aspects of the Platform at any time, including the availability of any Platform feature, database, or content. We may also impose limits on certain features and aspects of the Platform or restrict your access to parts or all of the Site or Platform without notice or liability.
In order to access and/or use the Platform, you must be at least eighteen years of age. We may, in certain circumstances, provide users with an opportunity to provide documentation sufficient (in our sole determination) to verify that you are at least the Age of Majority. We are under no obligation and take on no obligation to request or permit you to provide any such documentation at any time.
The Platform is merely a tool which allows Hosts to optimize communication with their fan base. Hosts are responsible for all information and images appearing in connection with their profile on the Platform. We have no responsibility and do not endeavor to check or verify any information or photographs posted on any Host’s profile or provided to us in connection with establishing such Host’s account. We have no control over any communications which happen through the platform and you specifically release us from any and all claims or liability in connection with any communication between you and any other user of the Site, including a Host, which takes place in connection to NothingButCurves. The information provided, including the ability for the Hosts and contributors to communicate, is provided and supported by a third party (the “Third Party Service”) and we cannot ensure the security or privacy of such third party’s service, system or database.
You understand that each Host is an independent contractor who determines the price of her information and what she chooses to provide to her contributors. We have no control over, and you agree we shall have no liability for, any action or inaction of any given Host. In the event that you purchase access to a Host’s but do not receive any response from such Host or the Host terminates her account with the Platform, you understand we are not liable for such actions and/or determination of Host. We are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever, which may arise out of or relate to your use of the Platform, including but not limited to lost revenues, profits, business or data, or damages resulting from any viruses, worms, “Trojan horses” or other destructive software or materials, or communications by you or other users of the Platform, or any interruption or suspension of the Platform, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Platform during the previous 12 months. We may discontinue or change the Platform or its availability to you at any time, and you may stop using the Platform at any time, please see details on cancellation below.
You are solely responsible for any information you share with any user and/or Host and you specifically acknowledge that all such information should be considered public information. We have no control and take no responsibility for any information you share with any user and/or Star which is then used, shared, or in any way allegedly or actually misused. In such event, you acknowledge that your dispute will be directly with the user/Star you believe to be responsible.
You acknowledge that you cannot bring legal action against us or any of our employees, officers, or agents for any damages of any kind, under any theory, as a consequence of using the Platform.
By accessing the Platform you agree that you will not use the Platform nor any information received by you through or from the Platform for any illegal purpose or any purpose which would be a violation of this Agreement. You agree that you will not use the Platform or the Third Party Service to communicate or share any text or images which could be considered hateful, sexist, abusive, rude, profane, obscene, harassing or otherwise offensive content nor any content which is terroristic or in furtherance of a terrorist aim/purpose in nature. You further agree that you will not use the Platform or Third Party Service to distribute or otherwise share any chain or junk mail/communications, solicitations for employment/work, or any type of advertising or promotional material. We reserve the right, as we may determine to set maximum amounts of communications on a user-wide basis or on a user-by-user basis. Similarly, we may permit our Hosts to determine to set maximum amounts of communications on a user-wide basis or on a user-by-user basis. In addition to our right to terminate a user in the event of we believe, in our sole discretion, that a user has breached of any portion of this Agreement, we reserve the right to block certain users, and to allow our Hosts to block certain users from contacting specific Hosts. Hosts will set rules of communication, and reserve the right to block or delete any contributor who doesn’t abide by them, with no refund. Simply put, we will not tolerate any communications with or to our Stars which are not respectful and legal in nature.
Because we respect the intellectual property rights of third parties, the Hosts each represent and warrant to us with each addition/revision to their profile that such Hosts own the images and/or information, as applicable, and have all rights to post the images and/or information to the Platform. We voluntarily observe and comply with the United States’ Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Platform’s Designated Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You may send your Notice of Claimed Infringement to: [email protected]
Please note that if you materially misrepresent that any content or activity is infringing your copyrights, you may be liable for damages (including costs and attorneys' fees).
Upon receipt of a DMCA compliant notice of infringement, the subject content will be removed from the Platform and a notice will be sent to the responsible uploader. The uploader will then have the opportunity to submit a counter-notification, more fully detailed below, in compliance with the DMCA. Upon receipt of a counter-notification the applicable uploader will be permitted to reupload the subject content and a copy of the counter-notification will be sent to the original party claiming infringement. We follow the “notification and takedown” procedure described herein. In the event that a non-DMCA compliant notice is received, we reserve the right to remove the content and inform the responsible uploader; further, we reserve the right, but do not undertake the obligation to, communicate with the original complainant any response received from the responsible uploader. We have and observe a repeat infringer policy and will terminate the account of anyone on the Platform who violates such policy.
Upon receipt of a DMCA compliant notice of infringement, we will inform the responsible uploader (the “Uploader”) of such claim, including, at our election, providing a copy of the claim of infringement. At that time, if the Uploader believed that the claim of infringement is erroneous or false, and/or that the allegedly infringing content has been wrongly removed in response to such claim, the Uploader shall have the opportunity to submit a counter-notification pursuant to §512(g)(2) and (3) of the DMCA. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations that may cause any claims to be brought against us relating to the content. To submit a counter-notification, please provide our designated DMCA agent the following information:
a.) A specific description of the material that was removed or disabled pursuant to the Notice.
b.) A description of where the material was located within the Site before such material was removed and/or disabled. Please provide the specific URL if possible.
c.) A statement reflecting the Recipient’s belief that the removal or disabling of the Material was done so erroneously. For convenience, the following format may be used:
• "I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the Platform provider as a result of mistake or misidentification of the material to be removed or disabled." loss or harm caused by or arising from your breach of any of the warranties and representations contained herein and with respect to any breach of any term of this Agreement.
The foregoing may be sent by email to [email protected]:
We reserve the right to modify, alter or add to this policy, including our internal repeat infringer policy.
The Platform contains information, which is proprietary to us and/or users of the Platform. We assert full copyright protection in the Platform. Any information posted by us or users of the Platform may be protected whether or not it is identified as proprietary to us or to the user. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information. You are hereby granted a license to access and view the Platform contingent upon your full compliance with each term of this Agreement. You agree not to use, publish or otherwise share any of the information or images contained in or on the Platform for any reason. You agree that you will not at any time use any or all of the images and/or information on this Platform for any reason or purpose other than your personal, non-commercial use.
As a registered user of NothingButCurves's service, you may establish an account (“Account”). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur through your Account, and you agree to immediately notify NothingButCurves of any security breach of your Account. NothingButCurves shall not be responsible for any losses arising out of the unauthorized use of your Account.
You agree to provide accurate and complete information when you register with, and as you use, the NothingButCurves Service (“NothingButCurves Registration Data”), and you agree to update your NothingButCurves Registration Data to keep it accurate and complete. You agree that NothingButCurves may store and use the iTunes Registration Data you provide for use in maintaining and billing fees to your Account.
Each account created on the Platform must only be for the use of one individual. No user may share, transfer or otherwise make available to any third party such user’s account with anyone else. You are responsible for all usage, activity, purchases and Credits usage on the Platform and through the Third Party Service. All accounts purchases are non-transferable.
NothingButCurves MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CONTENT CODES OR ALLOWANCES, OR INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A CONTENT CODE OR ALLOWANCE IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CONTENT CODE, OR ALLOWANCE. THESE LIMITATIONS MAY NOT APPLY TO YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.
You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Platform and, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.
You may purchase Host information or special access by way of example only, credit card, bankcard or ACH. Purchases may not be transferred without our prior, explicit written authorization for such transfer.
If you are not satisfied with the premium account you can cancel at any time. Refunds can be offered if you are unable to access the premium account and no one can assist you, within 48 hours. If you are completely unsatisfied with the site for any reasons, you may also contact us to sort out the issue, and if there is no way we can assist you or fix the problem we will also offer a refund.
By supplying us with all the required information and signing up as a member you acknowledge and affirmatively state that you have read, and understand the terms set forth herein and that you agree to be bound by the terms and conditions hereof.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM, AS WELL AS THE THIRD PARTY SERVICE, IS AT YOUR SOLE AND EXCLUSIVE RISK. THE PLATFORM AND SITE ARE PROVIDED ON AN “AS IS, WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PLATFORM OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE PLATFORM WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR TELEPHONE AND/OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES. YOU AGREE THAT THE SITE’S MAXIMUM LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT, OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF MONEYS YOU HAVE PAID US.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
Any disputes arising under or in connection with this Agreement (including any dispute relating to the arbitrability of this Agreement or any provision of this Agreement or any other dispute relating to arbitration) must be submitted to arbitration before and in accordance with the arbitration rules of the American Arbitration Association in accordance with its commercial arbitration rules. The provisions of this Arbitration Section must be construed as independent of any other covenant or provision of this Agreement; provided that if a court of competent jurisdiction or arbitrator determines that any such provisions are unlawful in any way, such court or arbitrator is to modify or interpret such provisions to the minimum extent necessary to have them comply with the law. Judgment upon an arbitration award may be entered in any court having competent jurisdiction and will be binding, final and non-appealable. You and we hereby waive to the fullest extent permitted by law, any right to bring a claim for any punitive or exemplary damages against the other and agree that in the event of a dispute between them, each shall be limited to the recovery of any actual damages sustained by it. It is the intent of the parties that any dispute between the parties will be considered on an individual claim(s) basis, and that none of their respective claims may be arbitrated or litigated on a class-wide basis.
This arbitration provision is self-executing and will remain in full force and effect after the expiration or termination of this Agreement. In the event either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear. Any arbitration shall take place in Detroit, Michigan, exclusively, unless otherwise agreed to by the parties in writing.
You may cancel your membership at any time by emailing us at [email protected]
We may, in our sole discretion, without advance notice, terminate or suspend your access to all or part of the Platform at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement or in the event that we determine to cease operating the Platform. Further, at the time of termination, such termination and the reason(s) therefor may be communicated, at our election, to the Third Party Service which may result in your termination from any use of the Third Party Service. You hereby agree that neither we nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to the Platform. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the Platform at our sole discretion, and we reserve the right to refer such activity to any and all appropriate law enforcement agencies. You agree that if your account is terminated by us, you will not attempt to re-register as a member without prior written consent from us.
In the event that your account is terminated or cancelled for any reason, effective immediately you will no longer have access to the non-public areas of the Platform
This service is an interactive computer service as defined under 47 U.S.C. § 230(f), as well as an Internet access service as defined under 47 U.S.C. § 231(e), that is statutorily exempt from being considered a producer under 18 U.S.C. § 2257(h)(2)(B).
All pictures, graphics, videos or other visual media displayed on the Website are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said visual media do not consist of depictions of conduct as specifically listed in 18 U.S.C. section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995.
The owners and operators of the Website are not the primary producer (as that term is defined in 18 U.S.C. section 2257 or subsequent case law defining such) of any of the visual content contained in the Website.