Congratulations! From among our 10k+ Beta tester applicants, you have been selected as an initial beta tester. Thank you! These are the guidelines all our Beta testers must abide by:
If you have questions or concerns regarding the above, you should contact us . References to Zivity above refer to Zivity, LLC, a Delaware limited liability company, and its affiliates.
Welcome to the Zivity website (the “Site”)! PLEASE READ THESE TERMS OF USE (the “Terms of Use”) CAREFULLY BEFORE USING THIS SITE OR ANY SERVICES OR APPLICATIONS RELATED TO THIS SITE, OR CONTRIBUTING ANY CONTENT, INCLUDING BLOG ENTRIES, COMMENTS, MESSAGES, FORUM POSTS, MEMBER PROFILES AND PHOTOGRAPHY (“Content”). By using and/or visiting the site, you signify your agreement to these Terms of Use. If you do not agree to any of these Terms of Use, please do not use the Site. These Terms of Use may be modified or updated from time to time without notice to you, and you agree to be bound by such modifications or updates. Therefore, you should periodically review the most up-to-date version on the Site.
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 , or by postal mail to: Zivity, LLC 660 4th St. #473, San Francisco CA 94107, Attn: Copyright Agent.
You are responsible for maintaining the confidentiality of your member name and password. You agree that you have provided you are responsible for all uses of its account, whether or not authorized by you. You agree to immediately notify Zivity of any unauthorized use of your account. You agree to pay all charges that accrue to your account through use of the Site or the use of the Site by those authorized by you. You agree to provide true, accurate, current and complete information about you as required by the registration and profile forms, and maintain and promptly update such information. Without limiting any other matter contained herein, your account and use of the Site may be suspended or terminated (without cost to Zivity and without obligation for reimbursement of any fees previously paid by you to Zivity) for such your failure to provide or maintain true, accurate, current and complete information, as well as for any violation of these Terms of Use, as determined solely by Zivity.
You may cancel your account at any time by contacting Zivity Account Management at .
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.
You agree to defend, indemnify and hold harmless Zivity, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Site; (ii) your violation of these Terms of Use; (iii) your violation of the terms which apply to Content; (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that Content submitted by you caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.
Zivity respects the privacy of its users and others. Please see Zivity’s privacy policy at http://zivity.com/user/legal/privacy, which are made a part of, and incorporated by reference into, these Terms of Use.
The Site may contain links to third party websites that are not owned or controlled by Zivity. Use of such third party websites may be subject to their terms of use and privacy policies. Zivity has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Site, you expressly relieve Zivity from any and all liability arising from your use of any third-party website.
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, LLC. The custodian can be reached by email at or by postal mail to: Zivity, LLC 660 4th St. #473, San Francisco, CA 94107, Attn: Custodian.
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Zivity without restriction.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. These Terms of Use shall be governed by the laws of the State of California, without respect to conflict of laws principles. Any controversy arising out of or in connection with use of the Site or these Terms, their validity or effect, will be conclusively determined by arbitration in the City of San Francisco in accordance with the rules of the American Arbitration Association; provided, however, that such arbitration will be held before a single arbitrator selected by the parties, which arbitrator must be well acquainted with the Internet industry. You agree that any proceeding that you may choose to bring against us will be initiated within six (6) months after the alleged date of the event bringing rise to such dispute. You waive any and all rights and benefits which you or we might otherwise have or be entitled to litigate any such dispute in court, because it is your intention to arbitrate all such disputes according to the provisions hereof. The arbitrator's decision will be controlled by these Terms of Use. Any such decision and accompanying award will provide for each party, respectively, to bear its own costs of arbitration and attorneys’ fees. The pendency of an arbitration, the proceedings, any evidence or other material, and any award shall be maintained and remain confidential, except that an award may be confirmed by a court of competent jurisdiction if it has not been fully satisfied within 14 days of its issuance. These Terms of Use, together with the Privacy Policy and any other legal notices published by Zivity on the Site, shall constitute the entire agreement between you and Zivity concerning the Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Zivity' failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Zivity reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Site following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.
If you have questions or concerns regarding this Terms of Use or any support questions, you should contact us . References to Zivity in these Terms of Use refer to Zivity, LLC, a Delaware limited liability company, and its affiliates.
