Terms and Conditions of Use
Desires Laid Bare (“DLB”) is created by Laid Bare Inc. (“we”). These Terms of Service (“TOS”) govern the use of Desires Laid Bare online at desireslaidbare.com and on mobile devices (collectively, “Desires Laid Bare”).
1. Your Account Information and Email
Desires Laid Bare provides videos, images, graphics, and text to be used by responsible adults, to inspire and offer insight. When you create an account, we require you to provide information about yourself, including an email address where we can contact you. This need not be your primary email address – just an account where you can receive necessary transactional emails.
Some DLB features either now or in the future may allow you to post or submit content and materials for publication on Desires Laid Bare (“Your Content”). You own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer Desires Laid Bare or the features you have elected to use. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it.
You agree that we may send communications to your email address for customer service, confirmations, newsletters, product offers and other matters.
You may choose to opt out of much of this email correspondence by using the links at the bottom of our emails. Please note that even if you opt out, we’ll still send you account-related emails, such as purchase confirmation and password reset emails.
2. Adults Only
The videos, images, graphics, and text on desireslaidbare.com are intended to be used by responsible adults, to inspire and offer insight. You must be at least 18 years of age to use this site.
You certify that all materially, including sexually explicit material on desireslaidbare.com is for your own personal use and you will not expose minors to the material. You certify that you desire to view and interact with all the material. You are solely responsible for any false disclosures or legal ramifications of viewing, reading or downloading any material in this site. Furthermore this website nor its affiliates will be held responsible for any legal ramifications arising from fraudulent entry into or use of this website. You agree that by viewing and using the content on desireslaidbare.com, You are subjecting yourself and any business entity of which you have any legal or equitable interest to the personal jurisdiction of the State of Oregon should any dispute arise at any time between this website and yourself and/or such business entity.
You’ve read and fully understand the above agreement, and you affirm and swear that viewing/downloading/receiving all material, including sexually explicit materials does not violate the standards of your community, that you won’t make any of the materials available to minors in any form, that you believe it is your constitutional right to view these materials, that you are wholly liable for any legal ramifications that may arise for your receiving or viewing of these materials.
3. Your License to Use Desires Laid Bare
We are providing you with access to Desires Laid Bare pursuant to a limited, non-exclusive, non-sublicenseable, non-transferable, revocable license. You can use DLB for personal, non-commercial use only, and subject to the TOS. This license is available to you as long as you are not barred from DLB by applicable law and your account is not terminated by us or by you. If the TOS are not enforceable where you are located, you may not use DLB. Laid Bare Inc reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
4. Restrictions and Prohibited Uses
Except with our written permission, you shall not:
- Violate or attempt to violate Desires Laid Bare’s security features, including logging into a server that you are not authorized to access, or probing the vulnerability of Desires Laid Bare’s systems and networks;
- Redistribute, decompile, reverse engineer, publish, or copy Desire Laid Bare’s files
- Use Desires Laid Bare for the purpose of creating a product with a substantially similar look, feel or design;
- Access or search Desires Laid Bare by any means other than our publicly supported interfaces (for example, “scraping”);
- Interfere with others’ use and enjoyment of Desires Laid Bare;
- Use or distribute Desires Laid Bare for your own scientific or clinical research purposes;
- Attempt to impersonate another person or use another person’s Desires Laid Bare account information without authorization;
- Use Desires Laid Bare or any trademarks, game names, trade names, service marks, copyrights, or logos of Laid Baire Inc., in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you;
- Violate any third party’s rights, including intellectual property or privacy rights;
- Threaten, stalk, harm, or harass others; or engage in activity in connection that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate.
Engaging in prohibited uses is grounds for immediate termination of your Desires Laid Bare account, and may also subject you to civil or criminal penalties.
You agree that use of Desires Laid Bare is at your own sole risk and that Desires Laid Bare is provided on an “as is”, “as available” basis, without warranties of any kind, either express or implied. To the maximum extent permitted by law, Laid Bare Inc. and its affiliates, officers and/or employees expressly disclaim any and all warranties, express or implied, regarding Desires Laid Bare, including any implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you.
Laid Bare Inc. strives to maintain Desires Laid Bare on a commercially reasonable basis and cannot guarantee that you will have access to Desires Laid Bare at all times.
Desires Laid Bare is not a medical service and is not to be used for the purpose of seeking, and Desires Laid Bare is not providing, medical treatment or advice.
6. Limitation of Liability
In no event shall Laid Bare Inc. or its affiliates, officers and/or employees be liable with respect to Desires Laid Bare for (i) in the aggregate, any amount in excess of the fees paid by you to subscribe to Desires Laid Bare; (ii) lost profits, lost data, or failure to meet any duty including without limitation good faith and reasonable care arising out of your access to or use of Desires Laid Bare; or (iii) any direct, indirect, incidental, punitive, special, exemplary, or consequential damages of any kind whatsoever.
You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Laid Bare Inc. and you. You understand that Desires Laid Bare would not be provided without such limitations. Some jurisdictions do not allow the limitations in this section, so they may not apply to you.
You will indemnify and hold harmless Laid Bare Inc., its affiliates, officers and/or employees, including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to Desires Laid Bare, Your Content, or the violation of the TOS by you.
Release. You agree that For Laid Bare Inc. and its affiliates, subsidiaries, officers, directors, employees, agents, consultants, content providers, partners or suppliers (“released parties”), shall not have any liability to you under any theory of liability or indemnity in connection with your use of the site. You further agree to hereby and forever release and waive any and all claims you may have against any released parties for any and all claims, causes, damages or losses under any theory of liability (including attorneys’ fees and associated costs and expenses) arising from your use of the site. Notwithstanding the foregoing, our total liability to you by any release party shall not exceed the fees paid by you to us during your membership. In addition, should your claim arise from a purchase made on or through our site, our total damages shall not exceed the cost of the product or service purchased.
Limitation of Liability. You expressly agree as a condition of using the site that Laid Bare Inc. and its directors, officers, employees, contractors, agents or sponsors are not responsible or liable to you or anyone else for any loss or injury or any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to (i) the use of or inability to use the site; (ii) any content contained on the site; (iii) statements or conduct posted or made publicly available on the site; (iv) any product or service purchased or obtained through the site; (v) any action taken in response to or as a result of any information available on the site; (vi) any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of any content on the site, or (vii) any other matter relating to the site. In no event shall For Laid Bare Inc. have any liability to you for any and all damages, losses, and causes of action (whether in contract, tort [including, but not limited to, negligence], statutory, or otherwise) exceed the fees paid by you to us for access to the site. In addition, should your claim arise from a purchase made on or through our site, our total damages shall not exceed the cost of the product or service purchased.
Notices. Laid Bare Inc. may deliver notice to you under this Agreement or any other published policy on the Site by email or a general notice published on the Site. Laid Bare Inc. will never request any personally identifiable information from you via electronic or postal mail. If you receive an email or postal mail that purports to be from us that requests personally identifiable information from you, and specifically, your credit card number, please do not reply to that email or request. You may give notice to us via email.
(a) Severability and Waiver. If any part of the TOS is held invalid or unenforceable, the remaining provisions of the TOS will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition in the TOS is not a waiver of its right to do so later.
(b) Governing Law, Jurisdiction and Venue. Except to the extent preempted by the Federal Arbitration Act (“FAA”), the TOS are governed by Oregon law without regard to conflict of law provisions. Except to the extent preempted by the FAA, both parties further consent to the personal jurisdiction of and exclusive venue in the federal and state courts in Portland, Oregon as the legal forum for any dispute between them.
(c) Change Policy. The TOS may be updated from time to time. If we make material changes, we will provide advance notice to you either by email, by posting a notification on Desires Laid Bare or by posting an updated TOS on Desires Laid Bare at least 30 days in advance of the effective date of the updated TOS. Please note that unless otherwise provided by applicable law, your continued use of Desires Laid Bare following the effective date means that you agree with, and consent to be bound by, the updated TOS.
(d) Miscellaneous. The TOS are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the TOS. If there is any conflict between the TOS and any additional terms, conditions, and rules posted by Laid Bare Inc. on Desires Laid Bare, the TOS shall govern, unless otherwise indicated. Sections 2-10 shall survive any termination of the TOS.