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www.bucknakedinpublic.com
dba HIGHTOWER PRODUCTIONS, LLC
342-A Ninth Street, Suite
219, San Francisco, California, 94103, USA
Find
other contact information CLICK
HERE.
REVISED:
FEBRUARY 2012
This
Agreement states the Terms and Conditions upon which you may use this Web Site,
www.bucknakedinpublic.com, (the
"Site") Please read this page carefully. By using the Site, you are
agreeing
to be bound by this Agreement between you and HIGHTOWER PRODUCTIONS,
LLC, (the "Company"),
and to abide by the terms and conditions set
forth herein. In addition, when using specific services, you agree
to abide by
any guidelines or rules posted in connection with those services, all of which
are hereby incorporated
by reference into this Agreement.
If you do
not agree with any posted terms or rules, or with any part of this Agreement,
you must not use the Site.
This Agreement is subject to change by the Company
at any time, and changes are effective upon posting at the
Site. Your continued
use of the Site following the posting of any changes to this Agreement means
that you accept
and agree to abide by such changes. If you do not comply with
this Agreement at all times when using the Site,
the Company reserves the right
to deny or restrict your access to the Site. You should visit this page
periodically
to review the Terms and Conditions, because they are binding on
you.
ONLINE
SUBSCRIPTIONS
Subscription content is managed and provided by HIGHTOWER
PRODUCTIONS LLC.
Subscription access is managed and provided
by exclusively authorized service from CCBill.
You can choose
your own name and password when you purchase online access. Subscriptions
are not refundable
because you decide you don't like the content
after it's been viewed. It is the responsibility of the user
to play
our FLASH VIDEO TEST CLIP to determine if your system
and Internet connection can play the BNIP Flash
format videos and
slide shows correctly.
EFFECTIVE
January 5, 2009
AUTHORIZED PAYMENT and ACCESS MANAGEMENT
for www.bucknakedinpublic.com
is provided
by www.CCBill.com
You must
promptly inform the Company of
any actual or suspected apparent breaches of security, such as loss,
theft, or
unauthorized disclosure or use of an ID or password. Until you notify the
Company and its authorized
agent of a breach in security, you will
remain
liable for any unauthorized use of the Site.
DVD, VIDEO
and other PRODUCTS
Effective December 2008, BNIP no longer sells CD's, VHS tapes or DVD's.
SHIPPING
All content exists exclusively online and nothing will be sent or shipped to
you.
CHARGEBACKS
Transactions resulting in a chargeback where we do not get paid for the
services/subscriptions/products provided,
will leave the CUSTOMER banned from
our site. The Company may elect to pursue
other payment retrieval
options in chargeback situations including referral
to a collection agency and will incur additional charges including
all related bank fees. If you have a dispute
over a
charge, resolve it directly with the Company and avoid
damage
to your credit rating.
COPYRIGHT
The contents of the Site are intended for the personal, noncommercial use of
its visitors and subscribers. All
materials published on the Site (including,
but not limited to articles, photographs, images, illustrations, audio clips
and video clips) (the "Content")
are protected by copyright and other
intellectual property laws, and are owned
or controlled by the Company, or by
the party credited as the provider of the Content, software or other materials.
You agree to abide by all additional copyright or other notices, information
or
restrictions appearing in conjunction
with any Content, software or other
materials accessed through the Site.
The Site is
protected by copyright as a collective work and/or compilation, pursuant to
U.S. copyright laws,
international conventions and other copyright laws. You
may not modify, adapt, translate, exhibit, publish, transmit,
participate in
the transfer or sale of, reproduce (except as provided in this section of the
Terms of the Site),
create derivative works from, distribute, perform, display,
reverse engineer, decompile or dissemble, or in any
way exploit, any of the
Content, software, materials or the Site in whole or in part.
Visitors
(i.e., those who are not subscribers in good standing at the time they access
the site) may not download
or copy the Content or other downloadable items
displayed on the Site except to the extent technically necessary
to view such
Content in a browser, and then only to the extent that such Content or other
downloadable items are
located in unsecured, publicly-accessible areas of the
Site. Active subscribers may download or copy the Content
and other
downloadable items displayed on the Site for personal, noncommercial use on one
computer at a time
only, provided that they maintain all copyright and other
notices contained in such Content. Copying or storing
of any Content for other
than personal, noncommercial use is expressly prohibited without prior written
permission from
the Company or the copyright holder identified in the
individual Content's proprietary notices.
SUBSCRIPTIONS MAY NOT BE ASSIGNED OR
TRANSFERRED TO ANY OTHER PERSON OR ENTITY,
AND ANY SUCH PURPORTED ASSIGNMENT
OR
TRANSFER WILL RESULT IN THE IMMEDIATE
TERMINATION OF THE SUBSCRIPTION
PURPORTEDLY ASSIGNED OR TRANSFERRED.
THE USE OF
THE CONTENT ON ANY OTHER WEB SITE (INCLUDING, WITHOUT LIMITATION,
THUMBNAILING
OF IMAGES BY IMAGE SEARCH ENGINES) OR IN A NETWORKED COMPUTER
ENVIRONMENT FOR
ANY PURPOSE IS STRICTLY PROHIBITED.
FRAMING OF
ANY PAGE, IMAGE, GRAPHIC OR OTHER CONTENT BY ANY OTHER WEB SITE
IS PROHIBITED.
LINKING IS
PERMITTED ONLY TO PUBLIC AREAS OF THE SITE, AND THEN ONLY TO HTML
DOCUMENTS.
LINKING TO IMAGES ("HOTLINKING") IS EXPRESSLY PROHIBITED.
VIDEO BOOTLEGGERS
selling copies of BNIP film/video/dvd(s) on auction and/or other web sites, or
by any
other means will be contacted by BNIP attorneys as well as law
enforcement for the municipality where the
bootleg materials are being sold
and/or shipped from. The Company
vigorously pursues all infringements of
Copyright on our original content and
films to the fullest extent of the law.
TRADEMARKS
www.bucknakedinpublic.com, BNIP, HIGHTOWER
PRODUCTIONS, MITCH HIGHTOWER,
NUDE BEACH MEN, STREET FAIR MEN, STREET FAIR
STUDS, EXHIBITIONIST GUYS,
TODD ROCKAWAY, MATTHEW RITZ, MIKE BOLTZ, BUCKNAKEDINPUBLIC and other graphics,
logos,
and Web Site names appearing on the Site are the trademarks of the Company or
its respective content
suppliers. These trademarks may not be used in
connection with any product or Web site that is not the Company's
or its
respective content supplier's, in any manner that is likely to cause confusion
among customers, or in any
manner that disparages or discredits the Company.
DISCLAIMER
OF WARRANTIES
The Site may contain inaccuracies or typographical errors. The Company makes no
representations about the
accuracy, reliability, completeness or timeliness of
the Site or about the results to be obtained from using the Site.
The use of
the Site is at your own risk. Changes are periodically made to the Site and may
be made at any time.
THE SITE IS
PROVIDED BY THE COMPANY ON AN "AS IS," "AS AVAILABLE"
BASIS. THE
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR
IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT,
MATERIALS,
OR PRODUCTS INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE
LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A
PARTICULAR PURPOSE. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING
FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS
BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES AND REGARDLESS OF THE
FORM OF ACTION ASSERTED. COMPANY DOES NOT
WARRANT THAT THE SITE WILL BE
ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF
COMPUTER VIRUSES AND
OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS
IN THE NEED
FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR
THOSE COSTS.
USER
SUBMISSIONS
In general, any communication that you post to the Site is considered to be
non-confidential. If particular
Web pages permit the submission of
communications that will be treated by the Company as confidential, that
fact
will be stated in Legal Notices on those pages. By posting content in any form
to the Site (including
communications and postings to our online GROUPS), you
grant the Company a royalty-free, perpetual,
irrevocable nonexclusive license
to use, reproduce, modify, publish, edit, translate, distribute, perform,
and
display such content alone or as part of other works in any form, media, or
technology whether now
known or hereafter developed, and to sublicense such
rights through multiple tiers of sublicensees. You
further agree to execute, at
the Company's request, any documents reasonably required by the Company
to
demonstrate the existence of such license, and in the event that the Company
cannot locate you following
reasonable efforts, you irrevocably designate the
Company your attorney-in-fact to execute such documents
software or other
materials accessed through the Site.
RULES OF
CONDUCT
When using the Site, you must abide by the Rules
of Conduct. Violation of the Rules of Conduct may result
in
consequences including, but not necessarily limited to, immediate termination
of your account and denial
of access to the Site. Sending or posting
any type of FLAMING email or other messages
will result in
immediate banning from our site and online groups.
LINKS TO
OTHER WEB SITES
The Site contains links to third party Web sites. These links are provided
solely as a convenience to you and not
as an endorsement by the Company of the
contents on such third-party Web sites. The Company is not responsible
for the
content of linked third-party sites and does not make any representations
regarding the content or
accuracy of materials on such third party Web sites.
If you decide to access linked third-party Web sites, you
do so at your own
risk.
LIMITATION
OF LIABILITY
Unless otherwise expressly provided in a Software License or Legal Notice, the
Company's aggregate liability
to subscribers for all claims arising from the
use of the Site (including Software) is limited to $19.95 or the
total amount
received from you by Company or its agent in subscription payments in the prior
30 days,
whichever is less.
INDEMNITY
You agree to defend, indemnify, and hold harmless the Company, its officers,
directors, employees and agents,
from and against any claims, actions or
demands, including without limitation reasonable legal and accounting
fees,
alleging or resulting from your use of the Site (including Software) or your
breach of the terms of this
Agreement. The Company shall provide notice to you
promptly of any such claim, suit or proceeding and
shall assist you, at your
expense, in defending any such claim, suit or proceeding.
EXPORT
CONTROL
The United States controls the export of products and information. You agree to
comply with such restrictions
and not to export or re-export the Content
(including VIDEOS and DVDS) to countries or persons prohibited
under the export
control laws. By downloading the Content (including VIDEOS and DVDS), you are
agreeing
that you are not in a country where such export is prohibited or are a
person or entity to which such export
is prohibited. You are responsible for
compliance with the laws of your local jurisdiction regarding the import,
export or re-export of the Content or the Software.
USER
INFORMATION/PRIVACY POLICY
The Company's use of information that the Company collects about you, including
(but not necessarily limited
to) information that you provide, is governed by
the Company's privacy policy, which is incorporated by this
reference as though
set forth in full herein. BNIP does
not share, exchange, sell or distribute personal
information with other
web sites or commercial entities. Violating our TERMS OF SERVICE, CODE OF
CONDUCT and/or committing any
illegal acts related to the Site, may result in your personal information
being provided to legal council and law enforcement.
APPLICABLE
LAW
The Site is created and controlled in the City and County of SAN FRANCISCO, in
the State of California, USA.
As such, the laws of the State of California will
govern these disclaimers, terms and conditions, without giving
effect to any
principles of conflicts of laws, except as governed by Federal law. The
application of the
United Nations Convention of Contracts for the International
Sale of Goods is expressly excluded.
By using the Site, you agree to submit to
the personal jurisdiction of the Superior Court of the State of California,
County of San Francisco and/or the United States District Court for the
Northern District of California, and to
waive any objection based on improper
venue or inconvenient forum in any proceeding in such tribunals.
If any
provision of this Agreement is held to be unenforceable for any reason, such
provision shall be reformed
only to the extent necessary to make it
enforceable. Unless otherwise explicitly stated, the provisions of
this Agreement
shall survive its termination.
This
Agreement contains the entire agreement between you and the Company regarding
your use of the Site and all matters directly and indirectly related thereto.
ALL CONTENT
APPEARING ON THE SITE IS INTENDED FOR VIEWING EXCLUSIVELY BY
CONSENTING ADULTS
IN LOCATIONS WHERE SUCH CONTENT DOES NOT VIOLATE ANY
COMMUNITY STANDARDS OR
ANY
FEDERAL, STATE OR LOCAL LAW OR REGULATION
OF THE UNITED STATES OR ANY OTHER
COUNTRY.
NO PERSONS
UNDER THE AGE OF TWENTY ONE (21) YEARS MAY DIRECTLY OR INDIRECTLY VIEW
OR
POSSESS ANY OF THE CONTENTS APPEARING ON THE SITE OR PLACE ANY ORDERS FOR
ANY
GOODS OR WEB SITES ADVERTISED ON THE SITE. YOU HEREBY REPRESENT AND
WARRANT
THAT YOU ARE OVER THE AGE OF 21 YEARS.
YOU HEREBY ACKNOWLEDGE THAT EXPLICIT VISUAL, AUDIO AND/OR TEXTUAL
DEPICTIONS OF
HETEROSEXUAL, BISEXUAL and/or HOMOSEXUAL CONDUCT APPEAR ON THIS
WEB SITE, THAT YOU
ARE FAMILIAR WITH MATERIALS OF THIS KIND, AND THAT YOU ARE
NOT OFFENDED BY
SUCH MATERIALS.
2257
All
content in BNIP films and on the BNIP web site(s) comply with US2257
regulations.
Read our 2257 COMPLIANCE STATEMENT, CLICK
HERE.
TERMS OF SERVICE are subject
to change without notice. to change without
notice.
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