Terms and Conditions of Use

This document describes terms and conditions for using Nifty Erotic Stories Archive (Nifty) World Wide Web (www) servers, the Website.

1. Terms

1. By using, visiting, viewing, uploading, posting, accessing and/or registering with this Website (including all content available through this Website), you have read, understood and agree to be bound by these Website Terms and Conditions of Use, Submission Guidelines, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Website are protected by applicable copyright and trade mark law.
2. The Website reserves the right to change, modify, add or delete parts of these Terms at any time and without further notice. Such amendments shall be effective upon posting the revised Terms on the Website.
3. These Terms are binding on Members and on non-Members who access and use the Website (Users).

2. Use License

1. Permission is granted to temporarily download one copy of the materials (information or software) on the website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
   1. modify the materials;
   2. use the materials for any commercial purpose, or for any commercial public display;
   3. remove any copyright or other proprietary notations from the materials;
   4. copy or distribute any part of the Website without our prior written authorisation;
   5. alter, modify, edit or otherwise change any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; or
   6. transfer the materials to another person or "mirror" the materials on any other server.
2. You agree not to use the Website for any illegal purposes and agree to use it in accordance with all the relevant laws.
3. You will not use the Website in a manner that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is any way impaired.
4. You agree that you will not harrass, abuse, impede, nor create undue burden for the operators of the Website.
5. You agree that you will not collect, collate or gather any personally identifiable information from the Website and agree that you will not use the communication systems provided by the Website for any commercial solicitation purposes.
6. This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Website at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

1. The materials on the Website are provided "as is". The Website makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the Website does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Website or otherwise relating to such materials or on any sites linked to this site.
2. The content and opinions expressed in the individual documents that comprise the Website represent the personal views of the respective authors.

4. Limitations

In no event shall the Website or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the Website's Internet site, even if the Website or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Indemnity

1. You agree to defend, indemnify and hold us, the Website, our subsidiaries, affiliates, officers, directors, employees, contractors, partners and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal expenses) arising out of or in connection with content that you upload, post or transmit via the Website and your activities on the Website, your use of and access to the Website, any breach by you of the Terms and your violation of any third party right, including without limitation any copyright, property, or privacy right.
2. You agree that your obligation to indemnify us will continue even when this Agreement is terminated.

6. Revisions and Errata

The materials appearing on the Website could include technical, typographical, or photographic errors. The Website does not warrant that any of the materials are accurate, complete, or current. The Website may make changes to the materials at any time without notice. The Website does not, however, make any commitment to update the materials.

7. Third Party Links

The Website may provide or include links to third party websites or resources on our Website. You hereby agree that we are not responsible or liable for the availability of such external websites or resources and acknowledge that we do not endorse and are not responsible or liable for the practices and contents (including defamatory, libellous and infringing content) in any the third party websites or resources, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with the use of or reliance on any such content, goods or services available on such websites and resources. The inclusion of any link does not imply endorsement by the Website of the web site.

8. Site Terms of Use Modifications

The Website may revise these terms of use for its web site at any time without notice. By using the Website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

9. Severance of Terms

If the whole or part of any term or provision in these Terms is to any extent held to be void, invalid, illegal or unenforceable under any enactment or rule of law, that term or provision or part of it shall to that extent be deemed not to form part of this agreement, and the validity and enforceability of the remainder of these Terms shall not be affected.

10. Governing Law

Any claim relating to the Website site shall be governed by the laws of the State of New York without regard to its conflict of law provisions.

11. Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

1. Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
2. We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
3. We will only retain personal information as long as necessary for the fulfillment of those purposes.
4. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
5. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
6. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
7. We will make readily available to customers information about our policies and practices relating to the management of personal information.
8. Any documents contributed to the website for public display are necessarily public. Private communication with the website is retained indefinitely.
9. We may use your email address to contact you in limited, important situations. We will not use your address to send you advertising materials, for Nifty or anybody else. We will never subscribe you to a mailing list without an explicit request on your part. We have no control over the use by other parties of publicly displed email addresses.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

General Terms and Conditions applicable to Use of the Web Site

For material downloaded from the Website, the following conditions are required:

1. NO FEE OF ANY KIND, however indirect, will be charged for its distribution. If a document from the Archive is stored for later distribution to anyone that can be construed as a customer of yourself or your organization YOU MUST contact the Website for permission.
2. Each document may be distributed individually but only in an unaltered form; All the header, trailer and attribution information must remain intact.
3. Specifically the documents may NOT be used to construct any kind of on-line story archive or collection (except for individual, personal use). Clearance for ALL such on-line data resources must be requested from the Website.
4. Redistribution of any document for non-personal use must receive prior permission from the author.
5. Persistent off-line storage (e.g., CD-ROM, DVD, Flash drive, PCM drive) distribution is prohibited without written permission from the Website.

The documents which comprise the Website may be uploaded to commercial BBS systems not connected to the Internet provided that the above conditions are met and no additional fees are applied above the standard connect time or downloading charges.