Terms of Service

 

 

 

Nina Ex Machina is a service provided by Nina Mona for Nina Ex Machina registered members to create an account in order to view images, pictures, video, and related data over the Internet ("Content"); only registered members can use this service. To become a member, member ("Member") must first agree to comply with the current Terms of Service.

 

Nina Ex Machina provides users and Members with the ability to report a violation they find on Nina Ex Machina by emailing Nina Mona directly.

 

1. CHANGES TO TERMS OF SERVICE.

Nina Ex Machina reserves the right to change the Terms of Service at its sole discretion and at any time, and Members must comply with such changes. Updates made by Nina Ex Machina from time to time can be made without notice to Members. Notifications may appear on the Nina Ex Machina website or Twitter. Members who violate the Terms of Service may have their membership revoked.

 

2. DESCRIPTION OF SERVICE.

In order to use Nina Ex Machina, Member must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, Member must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device. Please be aware that Nina Ex Machina contains adult and mature content. All Members of Nina Ex Machina must be at least 18 years of age to create an Nina Ex Machina account and to access and view Nina Ex Machina.

 

3. MEMBER REGISTRATION OBLIGATIONS.

In consideration of Member's use of Nina Ex Machina, Member agrees to: (a) provide true, accurate, current and complete information about Member as prompted by Nina Ex Machina's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If Member provides any information that is untrue, inaccurate, not current or incomplete, or Nina Ex Machina has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Nina Ex Machina has the right to suspend or terminate Member's account and refuse any and all current or future use of Nina Ex Machina (or any portion thereof). When Member creates a Nina Ex Machina account, Member certifies that Member is at least 18 years of age. It is Member's responsibility to determine whether any of Nina Ex Machina and/or Content (as defined in Section 8 below) is appropriate for Member's own viewing.

 

4. VALID EMAIL ADDRESS.

Member will maintain a valid email address as part of Member's Nina Ex Machina membership profile at all times.

 

5. PRIVACY POLICY.

Registration Data and other information about Member will never be shared with advertisers or third parties.

 

6. MEMBER ACCOUNT, PASSWORD AND SECURITY.

Member will receive a password and account designation upon completing Nina Ex Machina's registration process. Members are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Member's password or account. Member agrees to (a) immediately notify Nina Ex Machina of any unauthorized use of Member's password or account or any other breach of security, and (b) ensure that Member exits from Member's account at the end of each session. Nina Ex Machina cannot and will not be liable for any loss or damage arising from Member's failure to comply with this Section 6.

 

7. RESTRICTIONS ON USE.

A. The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under the United States copyright laws. Member may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Member may download one copy of any copyrighted material for their personal, non-commercial home use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Nina Ex Machina and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Member acknowledges that Member does not acquire any ownership rights by downloading copyrighted material.

B. Member shall not upload, post or otherwise make available on the site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Member. Member shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

 

8. MEMBER CONDUCT.

 

Member understands that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.

Member agrees to not use Nina Ex Machina to:

A. Impersonate any person or entity, or falsely state or otherwise misrepresent Member's affiliation with a person or entity;

B. interfere with or disrupt Nina Ex Machina or servers or networks connected to Nina Ex Machina, or disobey any requirements, procedures, policies or regulations of networks connected to Nina Ex Machina;

C. "stalk" or otherwise harass another.

 

9. CONTENT POSTED TO NINA EX MACHINA.

 

With respect to Content that Member elects to post to Nina Ex Machina, Member grants Nina Ex Machina the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, promote and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

 

10. NO RESALE OF SERVICE.

Member agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Nina Ex Machina, use of Nina Ex Machina, or access to Nina Ex Machina.

 

​11. ASSUMPTION OF RISK AND DISCLAIMER OF WARRANTIES.

 

Member assumes all risks for Member's use of Nina Ex Machina and the internet. Nina Ex Machina expressly disclaims any and all warranties for the Nina Ex Machina service, including, but not limited to any warranty or guarantee that member will be able to use Nina Ex Machina at any particular time or from any particular location. Nina Ex Machina is provided on an "as is" basis, without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The entire risk as to the performance of, or arising out of the use of Nina Ex Machina is borne by Member. This disclaimer of warranty constitutes an essential part of this agreement. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to Member and Member may have other legal rights that vary by jurisdiction. Under no circumstances and under no legal theory, tort, contract, or otherwise, shall Nina Ex Machina be liable to Member or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages resulting from the use of or the inability to use the Nina Ex Machina service, or damages for loss of goodwill, business profit, business stoppage, loss of data or business information, computer damage, or damages resulting from unauthorized access to or changes made to user's transmissions or data, or any and all other commercial damages or losses. In no event will Nina Ex Machina be liable for any damages in excess of what Nina Ex Machina received from member with respect to Nina Ex Machina. Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to user.

 

12. MODIFICATIONS TO SERVICE.

 

Nina Ex Machina reserves the right, at any time and from time to time, to modify, move, edit, or discontinue, temporarily or permanently, Nina Ex Machina (or any part thereof) with or without notice. Member agrees that Nina Ex Machina shall not be liable to Member or to any third party for any modification, suspension or discontinuance of Nina Ex Machina.

 

13. TERMINATION.

 

Member agrees that Nina Ex Machina, in its sole discretion, may terminate Member's password, account (or any part thereof) or use of Nina Ex Machina, and remove and discard any Content within Nina Ex Machina, for any reason, including, without limitation, if Nina Ex Machina believes that Member has violated or acted inconsistently with the letter or spirit of the Terms of Service. Nina Ex Machina may also, in its sole discretion and at any time, discontinue providing Nina Ex Machina, or any part thereof, with or without notice. Member agrees that any termination of Member's access to Nina Ex Machina under any provision of this Terms of Service may be effected without prior notice, and acknowledges and agrees that Nina Ex Machina may immediately deactivate or delete Member's account and all related information and files in Member's account and/or bar any further access to such files or Nina Ex Machina. Further, Member agrees that Nina Ex Machina shall not be liable to Member or any third-party for any termination of Member's access to Nina Ex Machina.

 

14. NINA EX MACHINA'S PROPRIETARY RIGHTS.

 

Member acknowledges and agrees that Nina Ex Machina and any necessary software used in connection with Nina Ex Machina ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Member further acknowledges and agrees that Content contained in sponsor advertisements or copyrights, trademarks, service marks, patents or other proprietary rights and laws protect information presented to Member through Nina Ex Machina. Except as expressly authorized by Nina Ex Machina, Member agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on Nina Ex Machina or the Content, in whole or in part.

Nina Ex Machina grants Member a personal, non-transferable and non-exclusive right and license to view Content; provided that Member does not (and does not allow any third party to) copy, modify, create a derivative work of, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Content. Member agrees not to modify the Content in any manner or form, or to use modified versions of the Content. Member agrees not to access Nina Ex Machina by any means other than through the interface that is provided by Nina Ex Machina for use in accessing Nina Ex Machina.

 

15. INDEMNITY.

 

Member agrees to indemnify and hold harmless Nina Ex Machina, its service providers, parents, subsidiaries, affiliates, officers, employees and agents from and against any loss, liability, claim, damage, and expenses (including reasonable attorneys' fees) from any claims, assertions, or suits brought by any third party arising from or in connection with Member's use of Nina Ex Machina.

 

16. WAIVER.

 

Member acknowledges and agrees that neither Nina Ex Machina nor its service providers, parents, subsidiaries, affiliates, officers, employees and agents shall be liable to Member in the event Nina Ex Machina is ordered or required, as a result of a court order or legal settlement, or contractual requirement with any party, to desist from using or permitting the use of particular Content. Member further acknowledges that Nina Ex Machina is not responsible or liable for any loss of Content or related data, nor is it required to return any Content or related data, upon or resulting from our suspension or deletion of Content, network or system outages, third-party failures of any kind, or any other reasons.

 

17. GENERAL INFORMATION.

 

The Terms of Service constitute the entire agreement between Member and Nina Ex Machina and govern Member's use of Nina Ex Machina, superceding any prior agreements between Member and Nina Ex Machina. Member also may be subject to additional terms and conditions that may apply when Member uses affiliate services, third-party content or third-party software. The Terms of Service and the relationship between Member and Nina Ex Machina shall be governed by the laws of the State of California without regard to its conflict of law provisions. Member and Nina Ex Machina agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. Member agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Nina Ex Machina or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

18. VIOLATIONS.

 

Please report any violations of the Terms of Service to Nina Mona by email.

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