Nubiles - Terms of Service

Terms & Conditions/User Agreement

Effective Date: Sept 04 2012
Last Modified: Sept 23 2021

Sites Covered by this Agreement:
Nubiles.net
INTRODUCTION – Welcome to Our Site’s User Agreement (hereinafter “Agreement” or “Terms and Conditions.”) The provisions of this Agreement will govern Your use of Our Site, and You should therefore take some time to read the Agreement carefully. Our Site contains advertisements, communications, and links posted by or referring to independent third parties, over which We exert no control. We do not get involved in any disputes that may develop between Our advertisers and others. Therefore, You are urged to use Your own good judgment and common sense if responding to such communications, as We are not responsible for any interactions occurring between Our Users and any third parties as a result of Your use of the Site. Various laws protect sites like Ours from civil claims, so We encourage You to independently research any information found in advertisements or communications, before making any decisions. We hope that You thoroughly enjoy Our services, and anticipate that You will find Our Site useful and informative. Should You have any questions or comments regarding Our Site, or its policies, please feel free to visit our support page for further information. The laws of your individual city, county, state, province or nation may regulate the activity discussed or promoted by the Site, or by third parties communicating on the Site. Check your local laws before taking party in any such activities.

PRELIMINARY PROVISIONS

Party Definitions: The operative parties referred to in this Agreement are defined as follows:

XFC, Inc. is the operator of the above listed Sites. Hereinafter, XFC, Inc. shall be referred to as “Company.” When first-person pronouns are used in this Agreement, (Us, We, Our, Ours, etc.) these provisions are referring to Company and/or to any other site that we may choose to operate in the future. Additionally, when the terms “the Site” or “Site” are used, these terms refer to any of the above listed Sites, any predecessor or successor domain or url, along with any website published by Us, unless a site is specifically exempt from this Agreement. Our Site, and the services the Site provides (”Services”), may contain images and content, including but not limited to text, software, images, graphics, data, messages, or any other information, and any other website content owned, operated, licensed, or controlled by the Company (collectively, “Materials”).

You, the User - As the User of this Site and/or Services, this Agreement will refer to the User as “You” or through any second-person pronouns, such as “Yours,” etc. Hereinafter, the User of the Site and/or Services shall be referred to in applicable second-person pronouns. You certify that you are over eighteen (18) years of age.

User vs. Member - For the purposes of this Agreement, all Members are Users, but not all Users are Members. This Agreement applies to all Users whether they are Members or not. You become a User by accessing this Site or the Services in any way, therefore You need not become a Member of the Site to make this Agreement apply to You. You are not considered a Member as defined by this Agreement until such time as You have completed the necessary online membership registration forms (“Registration”).

What this Agreement is: This Agreement is a legal contract between You and the Company. You should treat it as any other legal contract by reading its provisions carefully, as they will affect Your legal rights. By accessing the Site in any manner, You are affirmatively agreeing to be bound by all of the terms contained in this Agreement. You may not pick and choose which terms apply to You. If You do not agree with all of the terms in this Agreement, You must cease all access and use of the Site and any other services provided by the Company. Nothing in this Agreement is intended to create any enforcement rights by third parties.

Consideration: Consideration for Your acquiescence to all of the provisions in this Agreement has been provided to You in the form of allowing You to use Our Site and Our Services. You agree that such consideration is both adequate, and that it is received upon Your viewing or using any portion of any of Our Site and/or Services, whether You are a User or Member.

Electronic Signatures / Assent Required:

Nobody is authorized to access the Site or use the Services unless they have signed this Agreement. Such signature does not need to be a physical signature, since electronic acceptance of this Agreement is permitted by the Electronic Signatures in Global and National Commerce Act (E-Sign Act) and similar federal and state laws. You manifest Your agreement to this contractual Agreement by taking any act demonstrating Your assent thereto. Most likely, You have clicked or will click a button containing the words “I agree” or some similar syntax. You should understand that this has the same legal effect as You placing Your physical signature on any other legal contract. If You click any link, button, or other device provided to You in any part of Our Site’s interface, then you have legally agreed to all of these Terms and Conditions. Additionally, by using any of Our Site or Services in any manner, including uploading Your Content to Our Site, You understand and agree that We will consider such use as Your affirmation of Your complete and unconditional acceptance to all of the terms in this Agreement.

If You fail to sign this Agreement, You understand that You are an unauthorized user of the Site and Services, despite any payments made or subscriptions sold to You. No act or omission by Us should be interpreted as a waiver of the requirement that You assent to this Agreement. If You fail to do so, You are still bound by the terms of this Agreement by virtue of Your viewing the Site or using any portion of the Site or Our Services.

If You are seeking information regarding any illegal activities, please leave this Site immediately and do not attempt to use the Services. You acknowledge that You are aware of the community standards in your community, and You will only access the content on the Site and/or use the Services if You believe that the content on the Site does not offend the community standards prevalent in Your community.

You agree not to use the Services or access the Site if doing so would violate the laws of Your state, province, or country.

Revisions to this Agreement:

From time to time, We may revise this Agreement. We reserve the right to do so, and You agree that We have this unilateral right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting. Any updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. To the extent any amendment of this Agreement is deemed ineffective or invalid by any court or arbitrator, the parties intend that the prior, effective version of this Agreement be considered valid and enforceable to the fullest extent.

We agree that if We change anything in this Agreement, We will change the “last modified” date at the top of this Agreement so that it is immediately obvious that We have updated the Agreement. You agree to periodically re-visit this web page, and to use the “refresh” button on Your browser when doing so. You agree to note the date of the last revision to this Agreement. If the “last modified” date remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the “last modified” date has changed, then You can be certain that something in the Agreement has been changed, and that you need to re-review it in order to determine how Your rights and responsibilities may have been affected by the revisions.

Waiver – If You fail to periodically review this Agreement to determine if any of the terms have changed, You assume all responsibility for your failure to do so and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms. We are not responsible for Your neglect of Your legal rights.

Incorporations by Reference. Although this Agreement represents the primary terms and conditions of service for Our Site, additional guidelines and rules are hereby incorporated by reference. The document(s) which can be found on Our Site, and which are specifically incorporated by reference, and are therefore part and parcel of this Agreement are the following:

Our Privacy Policy

EXPLANATION OF ACCESS AND MEMBERSHIP

Access and limited license. All Users may access certain public areas of the Site. You understand that all We are providing You is access to Our Services as We provide them from time to time, and You understand and agree that We may cease operating the Site at any time and without notice or damage to You. You need to provide Your own access to the Internet, and any Internet access or other fees that You incur to access Our Site and use Our Services are Your sole responsibility. We are not providing any hardware nor software to You – and You need to purchase or license the necessary hardware and software to access the Site and Services. This Agreement covers all public and non-public areas of the Site.

Membership:

To access certain features of the Site and Services, You must register as a Member of the Site.

Membership may not be transferred or sold to a third party. Membership includes a single-user license to access the Materials. You are not authorized to share any of Our Materials with any person who does not have their own membership. If You do so, both You and the unauthorized viewer/User are jointly and severally liable for any fees that will be due if there is no Membership in place for the unauthorized User. You are not permitted to distribute any content from Our Sites through peer-to-peer networks or any other file sharing platforms.

The Site and its affiliates disclaim any and all liability arising from fraudulent entry and use of the Site. If a User fraudulently obtains access, the Site may terminate membership and/or access immediately and take all necessary and appropriate actions under applicable federal, state, and international laws.

Membership Fees – You agree to pay all membership fees when due. Current membership packages and fees are disclosed during Registration at the specific Site for which You have registered. We reserve the right to change the Site’s membership fees at any time, with or without notice to You.

Refunds will be considered on a one by one basis as determined by the site operator

At the time of Registration, You must select a valid payment method and choose how long You wish to be a Member of the Site.

We reserve the right to contract with a third party entity to process all payments. Such third party entity may impose additional terms and conditions governing its payment processing services. You are responsible for abiding by such stipulations, if applicable. We disclaim any liability in relation to Your violation of such stipulations.

You are responsible for any and all fees or penalties that are associated with Your account.

Members are billed at the designated duration for unlimited content access only during such duration. You understand that if You become a Member with a “recurring” membership, We employ an automatic rebill procedure in order to provide continuity of Service. You may cancel at anytime. For example if You join the 30 day monthly membership, and cancel the same day, you will have access for 30 days and will not be billed after the 30 days is up. Non-recurring memberships do not require a cancellation.

Billing Errors – If You believe that You have been erroneously billed, please notify Us of such error immediately. If You do not notify Us of within thirty (30) days of the error having occurred, You will have deemed the alleged error as acceptable for all purposes, including resolution of any inquires made by or on behalf of Your banking institution.

Termination of Your Membership or User Account.

You may cancel Your membership at any time by clicking the Cancel link at the bottom of the Site or by following the cancellation instructions found here: https://nubiles.net/page/support

Without limiting other remedies, We may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate Your access and use of the Site and Services at any time, with or without advance notice, if:

We believe, in Our sole discretion, that You have breached any material term of this Agreement or the document(s) it incorporates by reference;

We are unable to verify or authenticate any information You provide to Us;

We believe, in Our sole discretion, that Your actions may cause legal liability for You, Our Users or Us; or

We decide to cease operations or to otherwise discontinue any services or options provided by the Site or parts thereof.

You agree that neither the Site nor any third party acting on Our behalf shall be liable to You for any termination of Your access to any part of the Site, including but not limited to if the Site ceases operation.

You agree that if Your access is terminated by Us, You will not attempt to regain access to t

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