Terms of Service

This Terms of Service (“Terms”) dictates your use of NaturalNatures, it’s websites, widgets, e-mail notifications, platform, and other services (the “Services”) and any information, photos, text, graphics, or other materials that is uploaded, viewed, downloaded, or available on Services (herein referred to as “Content”). Your use and access of the Services is predicated upon accepting and abiding by these Terms. Accessing or using the Services serves as an agreement to be bound by these Terms. If you have any questions about the Terms you can Contact Us at this e-mail.

 

1. Basic Terms

 

The responsibility for posted Content to the Services and use of the Services lies solely with you the user, and all consequences resulting therefrom. By creating an account and posting Content you affirm that you are at least 18 years of age. Any consequences arising from not being 18 years of age are held solely by you the user. NaturalNatures is a public site and posted Content is viewable by the public. Any Content that you do not wish to be made public should not be uploaded to NaturalNatures.

 

The use of these Services is only permissible if you are able to form a legal and binding contract with NaturalNatures. Any person restricted from receiving services under United States law may not use these Services. Use of these Services affirms that you are an individual and not acting as or in behalf of any company, organization, government, or other legal entity. Use of the Services is restricted to compliance with these Terms and any applicable local, state, national, and international laws, rules, and regulations.

 

As a new and growing entity the Services provided by NaturalNatures may change without prior notice to you. NaturalNatures also reserves to right to stop (momentarily of permanently) providing Services to a user or users at any time without prior notice. As a small company NaturalNatures reserves the right to restrict or terminate available storage for a user or users and may do so without prior notice.

 

Advertising may be integrated into the Services and Content available on NaturalNatures. By accessing the Services you agree to allow NaturalNatures and its third party providers and partners to make these advertisements viewable in the Content and Services.

 

2. Privacy

 

The information and Content provided by you and other users is governed by NaturalNatures Privacy Policy (yet to be written).

 

3. Content

 

A. User Content

The Content uploaded, posted, or linked by you—the user—is your responsibility. Any harm or consequence that results from this Content is the soul responsibility of the user. All Content posted, uploaded, or linked by the user must follow the guidelines as set for in this section and the Terms generally.

 

Photos: NaturalNatures is mainly a photo based Content site, and so the standards for photos are set forth here in exactness.

 

NaturalNatures is not designed as a place to share any photos of hiking or other outdoor adventures, but focuses solely on select criteria that equal what has become deemed to be a NaturalNature. This means that the subject in the photo should be nude. The backdrop should be a scape that is at least predominantly natural with little inclusion of man-made objects. The subject may be male or female. Failure to meet these basic guidelines of what a NaturalNature is may result in the removal of the photo. NaturalNatures always reserves final judgement on these criteria.

 

Some laws do not look favorably on public nudity, though there are possible exceptions for artistic intent. Be that as it may NaturalNatures assumes that any persons taking and posting pictures do so at their own risk. If any consequence should result from the taking of pictures or posting of pictures on the Services, you accept all responsibility of those consequences and surrender any right to implicate NaturalNatures LLC in those litigations. This includes but is not limited to fines and/or arrests due to charges of public nudity, fines and/or arrests due to trespassing, injury from hiking to a spot or taking a photo in a location, or any other consequences that may result. NaturalNatures in no way suggests that the methods used for its public albums are safe and does not encourage others to take the same risks.

 

The photos cannot be pornographic in nature. This includes full frontal nudity without an artistic intent, any photos showing or suggesting sexual acts, or anything that NaturalNatures deems inappropriate.

 

The subject of the photo most know of the posting and have agreed to the posting of the photo. All photos uploaded, posted, published, or linked to must be owned by the user posting said photos. Any photos that are deemed to be breaking Copyright laws or infringing upon Intellectual Property Rights may not be posted.

 

Due to United States law any person appearing in posted photos must be at least 18 years of age, especially if the person is appearing in the nude. If there is any debate as to the person being 18 years of age the photo will be removed promptly.

 

All posted content, photos or otherwise, must be owned by the user and be legal to use by copyright and Intellectual Property Rights.

 

You promise not to post anything negative or defamatory about other users or fellow human beings in general. Such negativity goes against the principles of NaturalNatures and will result in the deletion of the Content and possibly the deletion of the account.

 

Content posted by the user is public and may be used by NaturalNatures or its third party partners or associated companies (parent or subsidiary) for use in advertising and social media outreach. As such Content may be edited and modified in order to better fit the needs of the different social media platforms and advertising.

 

Any information provided in Content or in signing up for the Services is provided knowing that NaturalNatures can access it, hold it, view it, and share it if need be in order to satisfy laws, regulations, legal situations, or government requests. It may also be accessed and stored and used in order to investigate infringement of Terms, safety of the services, safety of other users.

 

User Content may be deleted at any time if it does not adhere to the standards set for in the Terms. If for any reason the user feels as if Content has been removed wrongly then they may contact NaturalNatures here.

 

Upon deleting an account, the Content uploaded by the user may remain for up to six months, and in that time the Content still falls under the rights granted NaturalNatures in these Terms.

 

B. General Content

NaturalNatures is by intent pushing the boundaries of what is generally considered socially acceptable in most circumstances. Because of this the Content the viewer accesses might appear to be offensive. By using the Services the user agrees not to bring litigation against Natural Natures based on contact with Content that may initially be deemed offensive and you retain all rights to terminate your account at any time due to offense taken without warning or reason given to Services.

 

All Content unless owned by users or advertisers (third-party partners) is the sole property of NaturalNatures LLC and is protected by copyright and trademark laws. As such the user agrees not to make any attempt to use, repost, edit, download, print, redistribute or otherwise attempt to lay claim to any Content posted on the Services. You also agree not to access Content from NaturalNatures aside from approved means or sites and agree to not access Content if removed and reposted against the standards set-up in the Terms.

 

Any feedback provided to NaturalNatures can be used and implemented or ignored according to the discretion of NaturalNatures LLC and/or parent and subsidiary companies. If feedback is used in order to alter the Services then the user retains no right to royalties or notification of the implementation of feedback that was willfully given.

 

You understand that by accessing the services you will be exposed to Content made available by third-party partners. NaturalNatures is not responsible for the content of these advertisements or the sites that they are linked to and cannot be held responsible for any loss or damage that may occur from following the links to third-party sites. Always use your best judgement before following links on any site provided by third-party entities.

 

4. Passwords

Passwords are created by and are the sole responsibility of you, the user. It is recommended that the password contain at least one capital letter and one number and one symbol in order to retain strength for security reasons. A password for the Services should not be shared at any time. If you should choose to share your password, then any losses that may result are solely yours and NaturalNatures cannot be held accountable.

 

5. Security

 

A. Responsibilities of Services

Natural Natures will always do everything in its power to make sure that its Services are free of hacking, viruses, scrapers, spyware, and other programming aimed at harm compromising user security, but in no way does Natural Natures guarantee that the site will be free of such bugs. As such you recognize that the information and content provided by you cannot be protected by Natural Natures, and should it be accessed, deleted, lost, maimed, or otherwise interfered with you will not hold Natural Natures or its Services responsible.

 

B. Responsibilities of User

By using the Services you promise i) not to access the non-public parts of the Services or to edit or tamper with these services ii) not to use any methods other than those provided to access or probe the Services (this include scraping and crawling) iii) not to attempt to test or break any of the security measures set up to protect the Services and its users iv) not to forge any distinguishing characteristics of NaturalNatures in order to craft altered, false, or source deceptive material, this includes not forging the TCP/IP packet headers v) not to disrupt, or even attempt to, the access ofany user, host or network, including, without limitation, sending a virus, overloading, flooding,  spamming, mail­bombing the Services vi) finally you agree not to script any content in such a way that it interferes with the speed or functionality of the Services. You also promise not to use NaturalNatures in any way that is malicious or unlawful. You will in no way encourage, incite, or assist anyone in doing anything contrary to this section or any part of the Terms.

 

6. Amendments

 

NaturalNatures reserves the right to amend these terms at any time. If NaturalNatures deems these changes to be significant then they will make the effort to contact you via the e-mail provided at registration. If the user continues to use the Services after the amendments to the contract it will be considered as an acceptance of the new Terms. You are encouraged to read through and check on the Terms regularly so that you will know all of the provisions included therein.

 

7. Termination

 

NaturalNatures reserves the right to terminate your access, or any user’s access, to the Services at any time if it is felt that you have compromised these terms, the rights of NaturalNatures, or the rights of the other users. You may also terminate your own account at any time, but if your account is ever terminated the following are still applicable: 3.A, 5.B, 7, 8, 9

 

8. Disclaimers and Limitations of Liability

 

WE MAKE OUR BEST EFFORT TO KEEP NATURALNATURES ACCESSIBLE, FREE OF SYSTEM ERRORS, AND SAFE, HOWEVER USE OF THE SERVICES ARE STILL DONE AT THE SOLE RISK OF THE USER. THE SERVICES PROVIDED BY NATURALNATURES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THERE IS NO GUARANTEE AS TO THE SAFETY OF NATURALNATURES, NOR GUARANTEE THAT IT WILL REMAIN SECURE OR ERROR-FREE. NATURALNATURES MAKES NO WARRANTY TO ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. NATURALNATURES HAS NO RESPONSIBILITY FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND PARENT OR SUBSIDIARY COMPANIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR NATURALNATURES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT FOR NATURALNATURES OR IN USE WITH NATURALNATURES SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT PAID TO NATURALNATURES IN THE PAST TWELVE MONTHS.

 

NATURALNATURES, ITS EMPLOYEES, MANAGERS, OWNERS, AGENTS, OR PARENT/SUBSIDIARY COMPANIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: THE SERVICE, THE NATURALNATURES CONTENT, USER CONTENT, OR SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO NATURALNATURES OR VIA THE SERVICE. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. NATURALNATURES AND ITS AFFILIATES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

 

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, NATURALNATURES'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

9. Indemnity

 

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless in suits brought about by you or a third party NaturalNatures, its officers, directors, employees, agents, and parent or subsidiary companies from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: the use of and access to the Services by the user; the violation of any of these Terms of Service by the user; the violation of any third party right by the user, including—without limitation—any copyright, property, or privacy right; or any claim that the Content posted by the user caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and the user’s access of the Service.

 

10. Litigation

 

If NaturalNatures should in any way not enforce one of the rights or provisions listed in the Terms it will not be deemed as a waiver of those rights or provisions. If for any reason it is found that any part of the Terms is not lawful or is held to be invalid or unenforceable then the provision will be eliminated or restricted in the minimum amount possible. All of the other provisions in the Terms will remain as is and will in no way be waived or restricted, but instead will remain in full effect.

 

The governing law in pertaining to these Terms and any action related thereto will be subject to the laws of the State of Colorado, regardless of conflict with the state or country of residence of the party filing litigation against NaturalNatures. This stands even if its laws are in conflict with the laws of the residence of the litigating party. All litigation, claims, and legal proceedings dealing with the Services and NaturalNatures will be brought in and only in the state or federal courts of Douglas County, Colorado, United States of America. The party consents to being subject to the jurisdiction of these courts and waives the right to claims of inconvenient forum.

 

Any claim brought against NaturalNatures bust be a personal claim and cannot be brought as a group or as a class action. The User surrenders any right to filing a class action lawsuit against NaturalNatures for the Services. The claims must be on an individual basis, companies have no right to use NaturalNatures as Users and also do not have the right to file a claim against NaturalNatures for the Services.

 

Any claim brought against NaturalNatures or its Services must be brought about within one year of the time that the claim arose, otherwise the party surrenders all rights to that claim.

 

11. Entire Agreement

 

These Terms and the Privacy Policy constitute the full and entire agreement between the User and NaturalNatures. You are in no way allowed to separate, reassign, re-contract with a third party, or delegate any element within these Terms. NaturalNatures retains the rights to reassign or relegate the Terms without prior consent from the User. If any part of these Terms proves to be unenforceable or invalid it will only nullify or modify that portion in the minimum amount allowed and all other agreements will remain AS IS. These Terms do not confer any Third-party rights.