Naked Terms of Use

Here's a quick guide to some of the terms:

1. Naked doesn't behave in a way that is racist, sexist, obscene, defamatory, pornographic or otherwise unlawful, so we require you not to do any of those things either when you use the service.


2. Naked helps people talk, but we can't control what they say so we're not responsible for you or for them. Naked includes links to other sites, but we have no control over them either and we don't endorse their products. You are responsible for complying with the requirements of those sites


3. Look after your account, ID and login details. You are responsible if somebody else uses them, whether or not you gave them permission. Don't pretend that you are someone else when you use our service.


4. We don't monitor what you say. But the local law wherever you are may take a different view so don't break it.
5. Naked does not charge you for using its basic services but if you opt to use premium services you must buy credit to access those services. Also, if you choose to use certain services through your mobile, your operator may charge you.
6. We need to collect and use information about you to help us run the service, but we won't give your details to someone else to spam you. Please click here to read our privacy policy.
7. Naked does not claim any ownership in any of the content that you upload - it's yours, not ours!


8. We can't guarantee that our site and services will work perfectly, or always be available, but if you tell us about a problem we'll be on the case. If you have a problem let us know by visiting the Naked hubbub.
9. If you break any of our terms and conditions we can suspend or terminate your use of our site and services.

Naked Terms of Use

Welcome to the Naked Website. The following Terms of Use set out Your rights and obligations and those of Naked in relation to Your use of the Naked Website. Please ensure that You carefully read these Terms of Use before using the Naked Website.

Your privacy is important. Please see our Privacy Statement which explains our privacy policies and rules.

THESE TERMS OF USE FORM AN AGREEMENT BETWEEN NAKED AND YOU IN RELATION TO YOUR USE OF THE NAKED WEBSITE, WHETHER YOU ARE A NAKED MEMBER OR NOT. BY USING THE NAKED WEBSITE OR ANY OF THE NAKED SERVICES, YOU EXPRESSLY CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND GRANT TO NAKED THE RIGHTS SET OUT IN IT. YOU ALSO AGREE TO ENSURE THAT ANYONE WHO ACCESSES THE NAKED WEBSITE OR NAKED SERVICES FROM YOUR EQUIPMENT OR USING YOUR LOGIN DETAILS ABIDES BY THESE TERMS OF USE.

1. Definitions in these Terms of Use:

   1. Affiliate means any entity that directly or indirectly controls, is controlled by, or is under common control with, Naked where the term "control" means the direct or indirect ownership of more than 50% of the outstanding voting shares of such entity.
   2. Base Services means the basic Naked Services and for which Naked does not charge You to use;
   3. Intellectual Property Rights means any rights subsisting in any patents, logos, trademarks and service marks (including rights in trade, get-up or trade dress), rights in designs, trade or business names, copyrights, domain names, topography rights, and rights in databases (whether or not any of these is registered and including applications for registration of any of the same) and all rights or forms of protection of a similar nature or having equivalent effect to any of the above which may subsist any where in the world together with all renewals, extensions and revivals.
   4. Naked means Naked Limited, a company incorporated in England and Wales, with company number 05921574 and registered address 20-22 Bedford Row, London, WC1R 4JS;
   5. Naked Personnel means all the employees, consultants, subcontractors, officers, directors and agents of Naked or its Affiliates;
   6. Naked Services means any products or services provided to You by Naked from time to time or accessible through the Naked Website (consisting of, but not limited to personal, friends', groups and Naked hubbubs, forums and channels), including Base Services and Premium Services;
   7. Naked Software means the software distributed by Naked, including without limitation the user interfaces and documentation, as well as any future programming fixes, updates and upgrades thereto;
   8. Naked Website means the website www.getnaked.com or such other of our websites from which you access or use the Naked Services;
   9. Premium Services means those Naked Services in addition to the Basic Services and for which Naked will charge You to use;
   10. Premium Service Credit Balance means the balance of credit in Your account to pay for using Premium Services;
   11. Terms of Use means this agreement governing the terms on which You use the Naked Website;
   12. You means You, the user of Naked Services, also used in the form "Your";
   13. Your Information means any personal information about you collected, stored and processed by Naked.

2. Licence

   1. Subject to the terms of these Terms of Use, Naked hereby grants to You a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to access and use the Naked Website until this licence is terminated.
   2. You will not sell, rent, assign, novate, lease, distribute or otherwise grant rights to third parties with regard to the Naked Website.
   3. Naked gives no warranty or other assurance that the Naked Website or services provided through it will be uninterrupted or error free or free from viruses or other harmful elements, or that any defects or errors will be corrected.
   4. Naked does not monitor content provided by its users and shall not be responsible for any of the same.
   5. You are solely responsible to Naked for any use of or access to the Naked Website through your computer or access device.
   6. Naked does not charge you for use of the Base Services but, subject always to Clause 10.2, You may only access any Premium Services by paying and maintaining a positive Premium Service Credit Balance from which Naked will deduct credits in accordance with Your use of such Premium Services.
   7. When you use Naked's mobile service, or other services provided by third party providers from time to time through the Naked Website or other portals or channels, your mobile operator or, as the case may be, such third parties, may charge You in accordance their own terms and conditions. You should consult your mobile operator or such third party providers for details of the charges related to those services.
   8. When You first register as a member of Naked or first access a Naked Service you will be automatically opted in to be contacted by Naked in regards to matters related to Naked Services.

3. Inappropriate Use of the Naked Website

   1. You may not use the Naked Website to publish, communicate or transfer any of the following:
      1. any information which would infringe any third party Intellectual Property Rights or otherwise infringe the rights of any third party;
      2. any racist, sexist, offensive, illegal, obscene, pornographic, libelous, defamatory, abusive or harmful information or information that would violate the rights of any person;
      3. materials or programmes containing viruses or other elements that may be harmful to the functionality or operation of any computer;
   2. The Naked Services are for the personal use of members only and You may not use them for or in connection with any commercial purpose except those that are specifically endorsed or approved by prior written notification from Naked. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Your profile without notice and may result in termination of Your access to Naked Services. Appropriate legal action will be taken for any illegal or unauthorised use of Naked.
   3. You must notify Naked immediately of any suspected or known unauthorised use of Your Naked account, user name or password. You are fully responsible for maintaining the security and confidentiality of Your account details, user name, login ID and password and for any unauthorised use of them.
   4. All information provided by You to Naked in connection with your registration or use of the Naked Website shall be true and accurate. You shall not by use of your user name or otherwise impersonate any person.
   5. Except as expressly stated in any other written agreement between You and Naked all materials, products and services provided through the Naked Website are provided "as is" and without any warranties or other assurances express or implied by law or otherwise.
   6. Naked reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of Naked, its users and the public. Naked will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement

4. Intellectual Property

   1. Your Intellectual Property Rights - Naked does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your naked account. We will not use any of your content for any purpose except to provide you with the Service.
   2. When You upload material You warrant to us that you are entitled to do so, that the material uploaded does not infringe the Intellectual Property Rights of any person and that You have obtained all necessary permissions and consents from third parties.
   3. Names, logos, and icons identifying Naked and the Naked Services are proprietary marks of Naked or its Affiliates. You may not use Naked's trademarks in any manner likely to cause anyone to confuse Naked with any other person, services or products or in a manner which may cause harm to Naked or its Affiliates. Other product and company names mentioned on the Naked Website, may be the trademarks of their respective owners.
   4. Unless otherwise indicated, all material contained on the Naked Website, is protected by law, including, but not limited to, copyright, trade secret (for password protected areas), and trademark law, as well as other state, national, and international laws and regulations. Naked does not grant any express or implied right(s) to You unless otherwise indicated. Removing or altering the copyright notice on any material on the Naked Website is prohibited. Naked also owns a copyright in Naked Website as a collective work and/or compilation, and in the selection, coordination and arrangement of the Naked Website's content.

5. Privacy

   1. As a condition to using the Service, you agree to the terms of the Naked Privacy Policy as it may be updated from time to time. Naked understands that privacy is important to you. You do, however, agree that Naked may monitor, edit or disclose your personal information, including the content of your emails, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the Naked Privacy Policy. Personal information collected by Naked may be stored and processed in the United Kingdom or any other country in which Naked Ltd. or its agents maintain facilities. By using Naked, you consent to any such transfer of information outside of your country.

6. Advertisements

   1. As consideration for using the Service, you agree and understand that Naked will display ads and other information adjacent to and related to the content of your account. Naked serves relevant ads using a completely automated process that enables Naked to effectively target dynamically changing content, such as messages and content. No human will read the content of your messages in order to target such advertisements or other information without your consent, and no message content or other personally identifiable information will be provided to advertisers as part of the Service

7. Account Inactivity

   1. After a period of inactivity, Naked reserves the right to disable or terminate a user's account. If an account has been deactivated for inactivity, the email address and URL associated with that account may be given to another user without notice to you or such other party.

8. Copyright Infringement

   1. The Naked Website may contain materials posted by third parties. If you believe that any materials on the Naked Website infringe any copyright or other Intellectual Property Rights, please notify us by visiting the Naked hubbub accessed through the Naked Website.

9. Changing the Naked Website

   1. Naked may modify, suspend use or permanently discontinue any part of the Naked Website at any time and without notice to you. Naked may also at any time limit Your access to the Naked Website without notice to You.

10. Third Party Use of Naked Website

    1. You agree to ensure that persons using the Naked Software on Your computer comply with the Terms of Use.

11. Links

    1. Our Naked Website and certain other Naked Services contain links to other websites. Naked does not control the content of such websites and does not accept responsibility or any liability arising from the use of such websites. Where products or services are offered through those sites Naked does not endorse and shall have no responsibility in connection with any such products or services.

12. Amendment of Terms of Use

    1. Naked may amend these Terms of Use without notice to You and at any time. Amendments will be published on the Naked Website. It is Your responsibility to monitor any amendments. Your continued use of the Naked Website shall be deemed irrevocable acceptance of any revisions. By continuing to use the Naked Website after such revisions you agree to the revised Terms of Use.

13. Termination

    1. Naked may, with immediate effect, terminate this license or otherwise limit or prohibit Your access to the Naked Website and the Services if:
       1. You are in breach of any of these Terms of Use;
       2. You are infringing any third party Intellectual Property Rights;
       3. it is alleged or You are guilty of any illegal, immoral or fraudulent activities;
       4. You fail to provide Naked with accurate and complete information in relation to your accounts held with Naked;
       5. You make use of the user name of another person with the intention of impersonating that person or use Your user name which is, in the opinion of Naked, offensive or otherwise brings Naked into disrepute;
       6. Naked believes, in its own discretion, that You are acting contrary to the manner in which Naked intends the Naked Website to be used; or
       7. You have not used Your accounts with Naked for more than three (3) months.
    2. Naked may with immediate effect prevent your access to any Premium Service and terminate this license to the extent it relates to such Premium Services if Your Premium Service Credit Balance is zero until such time as You pay further monies to increase Your Premium Service Credit Balance.
    3. You may, with or without cause, terminate this Agreement with immediate effect at any time.
    4. In the event that these Terms of Use are terminated:
       1. the licence and rights granted by these Terms of Use shall terminate;
       2. You will ensure that, at Your expense, all Naked Software is deleted from your computer systems or storage devices and you shall destroy all materials in Your possession relating to the Naked Website;
       3. Naked may delete all information relating to any accounts of yours held by Naked.
       4. sections 2.5, 3, 4, 10, 11, 12, 15 and 16 will survive any such termination.
    5. Naked will not be liable for any damage caused by the termination of this Agreement.

14. Warranties and Limitation of Liability

    1. Subject to clause 11.3, neither Naked nor the Naked Personnel shall be liable for any losses, claims, damages, suits or proceedings in connection with or arising from:
       1. any breach of these Terms of Use; and
       2. any use made by You of the Naked Website;
       3. any representation, statement or tortious act or omission (including negligence) arising under or in connection with the use of the Naked Website; or
       4. the use or attempted use of Naked Services or Naked Software to contact Emergency Services personnel.
    2. All warranties, conditions and other terms express or implied by statute or common law, (including any relating to quality, condition or fitness for purpose), are, to the fullest extent permitted by law, excluded from these Terms of Use.
    3. Nothing in these Terms of Use limits or excludes the liability of Naked:
       1. for death or personal injury resulting from Naked's negligence; or
       2. for any damage or liability incurred by You as a result of fraud or fraudulent misrepresentation by Naked.
    4. Subject to clause 11.3, Naked shall not be liable for:
       1. loss of profits; or
       2. loss of business; or
       3. depletion of goodwill and/or similar losses; or
       4. loss of anticipated savings; or
       5. loss of goods; or
       6. loss of contract; or
       7. loss of use; or
       8. loss or corruption of data or information; or
       9. indirect, special, exemplary, punitive or consequential loss of damage of whatever nature including (without limitation) any loss of a type described in clause 11.4.1 to 11.4.8 above (inclusive) which could be regarded as indirect or consequential and whether or not reasonably foreseeable, reasonably contemplatable or actually contemplated by Naked or you at the time of entry into these Terms of Use.
    5. Subject to clause 11.3 in no circumstances shall Naked's aggregate liability to You for all claims, damages and losses (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for materials, products or services provided through the Naked Website.
    6. In some jurisdictions certain of the limitations, restrictions or exclusions in these Terms of Use may not be permitted by law. In any such case they will apply to the maximum extent permitted under applicable legislation.

15. Entire agreement

    1. These Terms of Use constitute the whole and only agreement between Naked and You relating to their subject matter.
    2. Except in the case of fraud, You shall not have any right of action against Naked arising out of or in connection with any undertaking, representation, warranty, promise, assurance or arrangement of any nature whatsoever, whether or not in writing, relating to the subject matter of these Terms of Use made or given by any person at any time prior to the date of acceptance by you of these Terms of Use.

16. Assignment

    1. You are not allowed to assign this Agreement or any rights under it. Naked may, in its sole discretion, without prior notice, assign this Agreement or any rights under it to any person.

17. Invalidity

    1. If at any time any provision of these Terms of Use is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair:
       1. the legality, validity or enforceability in that jurisdiction of any other provision of these Terms of Use; or
       2. the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of these Terms of Use.

18. Contracts (Rights of Third Parties) Act 1999

    1. Naked and You do not intend that any term of these Terms of Use should be enforceable, by virtue of the Contracts (Rights of Third Parties) Act 1999, by any person who is not a party to these Terms of Use other than any Affiliate of Naked.

19. Choice of governing law and jurisdiction

    1. These Terms of Use are to be governed by and construed in accordance with English law.
    2. The courts of England are to have jurisdiction to settle any dispute arising out of or in connection with these Terms of Use. Any Proceedings may be brought in the English courts.