Terms of Service – FuckNita.com
Customer Terms of Service
Updated: May 21, 2020
These Website User Terms and Conditions govern your use and access to and/or purchase it, the following network of Websites, which currently includes:
SITE refer to: FuckNita.com
SITE ONLY offers video on demand (one time purchases)
(collectively, the “SITES”, or individually, a “SITE” or “we/our”).
These Terms and Conditions also govern your purchase to the SITE if you become a member or purchase any product. By accessing, using, viewing, reading, printing, installing, or downloading any material from the SITE, or, you agree to be bound by these Terms and Conditions. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act (E-Sign Act). You manifest your agreement to these Terms and Conditions by any act demonstrating your assent thereto, including clicking any button containing the words ‘I agree’
If you do not agree to be bound by these Terms and Conditions, you may not enter the SITE, you must exit the SITE immediately, you may not use or access the SITE, and you may not print or download any materials from them. You may use and access the SITE only in accordance with these Terms and Conditions. Please consult these Terms and Conditions regularly and read them carefully before using the SITE. You affirm that you have read this Agreement and understand, agree and consent to its Terms and Conditions.
You are solely responsible for obtaining access to the SITE and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the SITE.
I. Images and Content
These SITES contain images and content, including but not limited to text, software, images, graphics, data, messages, or any other information, and any other World Wide Web Site owned, operated, licensed, or controlled by SITE (collectively, “Materials”).
II. Age of Majority
A. Age of Majority
You represent and warrant you are at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, and that you have the legal capacity to enter into this Agreement. If you are not at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, you must exit the SITE immediately and may not use or access the SITE or print or download any Materials from them. You may be asked to verify your birth date on the Birth Date Verifier™ form as a condition of entry onto the SITE, pursuant to 28 U.S.C. § 1746. You agree not to bypass any security and/or access feature on this SITE. Additionally, the SITE does not assume any responsibility or liability for any misrepresentations regarding a user’s age.
III. No Child Pornography
You understand that all models appearing on this SITE are, and were at the time of all recorded images, at least 18 years of age, and that our SITE contains no child pornography. If you seek any form of child pornography, you must exit this SITE immediately. You acknowledge that all Materials on the SITE are protected by the First Amendment. We take a strong and definite stand against child pornography and only allow images and Materials that are protected by the First Amendment.
If you identify any images, real or simulated, depicting minors engaged in sexual activity within the SITE, please report the images to the SITE. Include with your report any appropriate evidence, including the date and time of identification. All reports will immediately be investigated and the appropriate action will be taken. We enthusiastically cooperate with any law-enforcement agency investigating child pornography.
If you suspect other outside websites are participating in unlawful activities involving minors, please report them to www.asacp.org. Users should implement parental control protections, such as computer hardware, software, or filtering services, which may help users to limit minors’ access to harmful material.
IV. Access to, Limited License, and Interference with, SITE
To purchase any video on demand (one time purchases), you may be asked to provide certain registration details or other information. It is a condition of your use of this SITE that all information you provide will be correct, current, and complete. If the SITE believes the information you provide is not correct, current, or complete, the SITE has the right to refuse you access to the SITE or any of its resources, and to terminate or suspend your access at any time.
B. Limited License
Subject to these Terms and Conditions and in consideration of using the SITE, the SITE hereby grants you a limited, nonexclusive, nontransferable personal license to access and use the SITE and the Materials contained therein. The SITE provides the Materials on this SITE for the personal, non-commercial use by viewers, fans, visitors, subscribers and/or potential subscribers of said SITE. Users of this SITE are granted a single copy license to view Materials (on a single computer only). All Materials on the SITE shall be for private non-commercial use only, and all other uses are strictly prohibited.
SITE reserves the right to limit the amount of materials viewed. You agree to prevent any unauthorized copying of the SITE, or any of the Materials contained therein. Any unauthorized use of the SITE or any of the Materials contained therein terminates this limited license effective immediately.
This is a license to use and access the SITE for its intended purpose and is not a transfer of title. You represent and warrant that you will not allow any minor access to this SITE and that you will not copy or redistribute any of the content appearing on this SITE.
SITE reserves the right to terminate this license at any time if you breach or violate any provision of this Agreement, in which case you will be obligated to immediately destroy any information or materials you have downloaded, printed or otherwise copied from this SITE. Violators of this limited license may be prosecuted to the fullest extent under the applicable law.
Except where expressly permitted by law, you may not translate, reverse-engineer, decompile, disassemble or make derivative works from our SITE’s Materials. User hereby agrees not to use any automatic device or manual process to monitor or reproduce the SITE, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage the SITE or any communications on it.
V. Restrictions on Use of SITE
You may use the SITE only for purposes expressly permitted by the Terms and Conditions of the SITE. You may not use the SITE for any other purpose, including any commercial purpose, without the SITE’s express prior written consent. Without the express prior written authorization of the SITE, you may not:
duplicate the SITE or any of the Materials contained therein (except as expressly provided above in Section IV);
create derivative works based on the SITE or any of the Materials contained therein;
use the SITE or any of the Materials contained therein for any public display, public performance, sale or rental;
re-distribute the SITE or any of the Materials contained therein;
remove any copyright or other proprietary notices from the SITE or any of the Materials contained therein;
frame or utilize any framing techniques in connection with the SITE or any of the Materials contained therein;
use any meta-tags or any other ‘hidden text’.
You are responsible for providing all equipment and the computer necessary to access the SITE. The SITE reserves the right to modify Materials and the SITE’s design at anytime, with or without prior notice. You may become a member of the SITE by completing an online registration form, which must be accepted by SITE.
If you provide any information that is untrue, inaccurate, not current or incomplete, or SITE or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SITE has the right to suspend or terminate your account and refuse any and all current or future use of the SITE, as well as subjecting you to criminal and civil liability.
B. Member Account, Password and Security
As part of the registration process, you will be issued a unique user name and password which you must provide in order to gain access to the non-public portion of the SITE. You certify that when asked to choose a username you will not choose a name which may falsely represent you as somebody else or a name which may otherwise be in violation of the rights of a third party. We reserve the right to disallow the use of usernames that we, at our sole discretion, deem inappropriate. As part of the registration process, you agree that data, and in particular Personal Information is transferred to and stored on U.S. servers.
We reserve the right to cancel at any time the access of any member who uses their selected username in violation of these Terms and Conditions or in any other way we, in our sole discretion, deem inappropriate. Your access, the ID and password are nontransferable and non-assignable. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to the SITE to anyone who is below the age of majority in your state, province, or country, or otherwise does not wish to view the content on the SITE.
You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. SITE will not release your password for security reasons. You agree to (a) immediately notify SITE of any unauthorized use of your user name and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the SITE until you notify SITE by email regarding that unauthorized use. Unauthorized access to the SITE is illegal and a breach of this Agreement. You indemnify the SITE against all activities conducted through your account.
You hereby agree to be personally liable for any and all charges incurred by you until termination of access for goods or services through your use of the SITE. This Agreement’s provisions shall survive its termination, unless otherwise stated.
Without limiting other remedies, the SITE may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and use of the SITE and refuse to provide our services to you at any time, with or without advance notice if:
SITE believes that you have breached any material term of these Terms and Conditions or the documents it incorporates by reference;
we are unable to verify or authenticate any information you provide to us;
we believe that your actions may cause legal liability for you, our users or us; or
SITE decides to cease operations or to otherwise discontinue any of the SITE or parts thereof.
You agree that if your account is terminated by SITE, you will not attempt to purchase without prior written consent from SITE.
VIII. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. THE SITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS” THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. SITE DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. SITE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION. SITE OWNER MAY CHANGE ANY OF THE INFORMATION FOUND AT THIS SITE AT ANY TIME WITHOUT NOTICE INCLUDING THE TERMS OF SERVICE WITHOUT NOTICE. SITE OWNER MAKES NO COMMITMENT TO UPDATE THE INFORMATION FOUND AT THIS SITE. SITE MAKES NO COMMITMENT TO UPDATE THE MATERIALS. THE WARRANTIES AND REPRESENTATIONS SET FORTH IN THIS AGREEMENT ARE THE ONLY WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THIS AGREEMENT, AND ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, THAT MAY ARISE EITHER BY AGREEMENT BETWEEN THE PARTIES OR BY OPERATION OF LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NONE OF THESE WARRANTIES AND REPRESENTATIONS WILL EXTEND TO ANY THIRD PERSON. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
THE PROVISION OF ANY SERVICES WHICH IS IN VIOLATION OF ANY LAWS IS STRICTLY PROHIBITED. IF WE DETERMINE THAT YOU OR ANY USER HAS PROVIDED OR INTENDS TO PURCHASE OR PROVIDE ANY SERVICES IN VIOLATION OF ANY LAW, YOUR ABILITY TO USE THE SITE WILL BE TERMINATED IMMEDIATELY. WE DO HEREBY DISCLAIM ANY LIABILITY FOR DAMAGES THAT MAY ARISE FROM ANY USER PROVIDING ANY SERVICES FOR ANY PURPOSE THAT VIOLATES ANY LAW. YOU DO HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM ANY LIABILITY THAT MAY ARISE SHOULD YOU VIOLATE ANY LAW. YOU DO ALSO HEREBY AGREE TO DEFEND AND INDEMNIFY US SHOULD ANY THIRD PARTY BE HARMED
BY YOUR ILLEGAL ACTIONS OR SHOULD WE BE OBLIGATED TO DEFEND ANY CLAIMS INCLUDING, WITHOUT LIMITATION, ANY CRIMINAL ACTION BROUGHT BY ANY PARTY NOT AFFILIATED WITH THIS SITE. OUR SITE CONTAINS MATERIAL THAT MAY BE OFFENSIVE TO THIRD PARTIES. YOU DO HEREBY AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM ANY LIABILITY THAT MAY ARISE FROM REVIEWING SUCH MATERIAL AND WARRANT AND AGREE TO CEASE REVIEW OF THE SITE SHOULD YOU FIND IT OFFENSIVE. IF YOU ARE SEEKING SERVICES THAT ARE IN VIOLATION OF ANY APPLICABLE LAWS WHATSOEVER, YOU MAY NOT USE THIS SITE AND DO HEREBY AGREE TO EXIT IT IMMEDIATELY. THUS, ALL DISPUTES RELATING TO THE ONLINE STORE SHALL BE DIRECTED TO THE STORE, AND NOT THE SITE.
You agree to defend, indemnify, and hold harmless the SITE, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person or authority including without limitation to governmental agencies, use, misuse, or inability to use the SITE or any of the Materials contained therein, or your breach of any of these Terms and Conditions. SITE shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but are not obligated to do so.
XIII. Copyright Information
The Materials accessible from the SITE, and any other World Wide Web Site owned, operated, licensed, or controlled by SITE, is the proprietary information and valuable intellectual property of SITE or the party that provided the Materials to SITE, and SITE or the party that provided the Materials to SITE retains all right, title, and interest in the Materials. Accordingly, the Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without the prior written consent of SITE, except that you may print out a copy of the Materials solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials.
Modification or use of the Content except as expressly provided in these Terms and Conditions violates the SITE’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the SITE. All Materials included on the SITE, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software is the property of the SITE or its content suppliers and is protected by United States and international copyright laws. The compilation of all Materials on the SITE is the exclusive property of the SITE or its content suppliers and protected by United States and international copyright laws, as well as other laws and regulations.
XIV. Notice of Claimed Infringement
The SITE respects the intellectual property of others, and we ask our users to do the same. We voluntarily observe and comply with the United States’ Digital Millennium Copyright Act. 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 SITE’s Designated Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on a SITE;
your address, telephone number, and email address;
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
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:
2386 sw 13 st
Miami, FL 33135
Please do not sent other inquires or information to our Designated Agent.
XV. No Agency Relationship
Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
Any notice required to be given under this Agreement must be done by filling a request on our Support Center: by sending an email to email@example.com with the subject “Other”. Notices by customers to SITE shall be given by electronic messages unless otherwise specified in this Agreement.
XVII. Force Majeure
SITE shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking of third-parties, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the SITE’s performance.
XVIII. General Provisions
A. Governing Law
These Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of the State of Florida, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions. The parties hereby submit to the personal jurisdiction of the state and federal courts of the State of Florida. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the state and federal courts located in Miami-Dade, Florida.
B. Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
C. Binding Arbitration
If there is a dispute between the Parties arising out of or otherwise relating to this Agreement, the Parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the Parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either Party may submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association.
Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims under applicable worker’s compensation law, unemployment insurance claims, actions for injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be conducted in Miami-Dade County, Florida, and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of these Terms and Conditions; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding.
THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
F. Attorney’s Fees
In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorney’s fees incurred on appeal.
G. No Waiver
No waiver of SITE shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. 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 these Terms and Conditions.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms and Conditions.
I. Complete Agreement
These Terms and Conditions constitute the entire agreement between the parties with respect to your purchase and use of the FuckNita.com and the Materials contained therein with the FuckNita.com , and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of both parties.
FuckNita.com reserves the right to change any of the provisions posted herein and you agree to review these Terms and Conditions each time you visit the FuckNita.com . Your continued use of the FuckNita.com following the FuckNita.com ’s posting of any changes to these Terms and Conditions constitutes your acceptance of such changes. The SITE does not and will not assume any obligation to provide you with notice of any change to these Terms and Conditions. Unless accepted by SITE in writing, these Terms and Conditions may not be amended by you.
L. Other Jurisdictions
SITE makes no representation that the SITE or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited
SITE ONLY offers video on demand (one time purchases)