Zivity does not claim ownership of Content transmitted by you to the Site and displayed on the Site, except as provided in separate agreements with models and photographers. Notwithstanding the foregoing, and except as provided in Zivity’s separate agreements with models and photographers, you grant to Zivity a perpetual, world-wide, royalty free, non-exclusive, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display any or all Content you submit to the Site and to incorporate such Content into other works.
The Site, including all Content and the trademarks, service marks and logos contained therein, are owned by or licensed to Zivity.
Zivity respects the intellectual property rights of others, and requests you to do the same. Zivity does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and Zivity will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Zivity reserves the right to remove Content without prior notice. Zivity may remove such Content at any time, without prior notice and at its sole discretion.
If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide Zivity the following information:
The above information may be sent by email to info or by postal mail to: Zivity, 645 Haight Suite #16 San Francisco, CA 94117 , Attn: Copyright Agent.
You may cancel your account at any time by contacting us at info. If you cancel your account, you will not be entitled to any refund for previously paid subscription fees or vote purchases.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ZIVITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. ZIVITY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON OR VIA THE SITE. ZIVITY DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR FEATURED IN ANY ADVERTISING, AND ZIVITY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
IN NO EVENT SHALL ZIVITY, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR SITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ZIVITY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ZIVITY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Without limiting any other matter contained herein, you represent and warrant that with respect to any Content you produce and transmit to the Site that contain depictions of nudity or actual sexually explicit conduct, all persons who appear therein were 18 (eighteen) years of age or older at the time of the creation of such depictions. Further, you represents and warrant that with respect to the depictions described in the preceding sentence, true, correct and complete records required by 18 USC Section 2257 have been obtained and will be maintained by you in compliance with such law and will be provided to Zivity promptly upon request.
With respect to visual depictions of actual sexually explicit conduct produced by and posted on the Site by Zivity (other than depictions submitted by a user as described above), records required by 18 USC Section 2257 are kept by the custodian of records at Zivity. The custodian can be reached by email at info or by postal mail to: Zivity, 645 Haight Suite #16 San Francisco, CA 94117 , Attn: Custodian.
By checking the "I Agree" box, you are agreeing to create and sponsor the Contest, with the Title, Description, Prize, Tags, Duration and Nudity you have indicated on the sign-up page. Zivity reserves the right to modify the Title, Description and Tags you have provided in its sole discretion
You will be required to commit a minimum prize amount, as indicated on the sign-up page. The amount of the Prize will be funded by votes debited from your Zivity account upon your agreement to create and sponsor the Contest and acceptance by Zivity, and will be awarded to the Contest winner (if any) in accordance with these Contest Terms. The Prize amount will be credited back to your Zivity account in the event that there are no published entries.
Zivity reserves the right to accept or reject any Contest in its sole discretion.
Upon acceptance of a Contest, Zivity will publish the Contest to the Zivity community, encouraging them to submit entries for the Contest.
Contest entries will be submitted through the Zivity photography submission process, and subject to documentation and approvals as deemed appropriate by Zivity in its sole discretion.
Entries that Zivity deem appropriate for inclusion in the Contest will be published on a special Contest page and on the photographer and model(s) profile pages, if applicable.
Members of Zivity will have the ability to vote on Contest entries similar to regular Zivity photosets, with the votes credited in the same manner as regular Zivity photosets. You will have no right to share in the votes by Zivity members. However, you will be the sole judge of the winner of the Contest. If you do not select a winner (as provided for on the Contest page) within thirty (30) days after the end of the Contest, then Zivity reserves the right to select one of the entries.
If no entries are published during the term of the Contest, then the Prize amount will be credited back to your account.
Zivity reserves the right to amend the rules of any Contest, or to terminate a Contest and credit back the Prize amount to your Zivity account, at any time and in its sole discretion with no liability to you as the Contest organizer, or to any participant in a Contest. If any amendment of the rules of a Contest materially affects you as the sponsor of a Contest, then Zivity may, if it deems appropriate in good faith, provide the opportunity for you to withdraw as the sponsor of a Contest and credit the Prize amount back to your Zivity account.
If you have questions or concerns regarding these Contest Terms, you should contact us [email protected] References to Zivity in these Contest Terms refer to Zivity, LLC, a Delaware limited liability company, and its affiliates.
Last Updated November 10, 2014