Terms and Conditions
Please read these terms and conditions carefully, they
contain important information about your rights and obligations. You can print
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1. Please read these terms and conditions carefully before using the website owned and operated by Sun Networks International Limited and or its third party licensors; ('Sun Networks,' 'our', 'we', 'us' or 'Boyztube'). By accessing or using this website www.boyztube.com ('our Website', the 'Boyztube Website') you (as the user of our Website) agree to be legally bound by these terms and conditions as they may be modified and posted on our Website from time to time. If you do not agree with any of the Terms of Service contained here, then you must leave this Website.
USING THE BOYZTUBE WEBSITE
2. The Terms of Service set out here, apply to all users of the Boyztube
Website. The Boyztube Website may contain links to third party websites that
are not owned or controlled in any way whatsoever by Boyztube. In addition, Boyztube
will not and cannot censor or edit the content of any third-party site. By
using the Website, you expressly relieve Boyztube from any and all liability
arising from your use of any third-party website. Accordingly, Boyztube
encourages the User to be aware and to have read the terms of service and
3. The content of this Website, excluding anything submitted by users , including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Boyztube, subject to copyright and other intellectual property rights.
(i) You are not less than 18 years of age;
(ii) The Website as permitted is exclusively for your personal use, and is not for your commercial use;
(iii) You will not copy or distribute any part of the Website in any medium without Boyztube's prior written authorisation;
(iv) You do not alter the Website in whole or in part in any way whatsoever;
5. You acknowledge and agree that any discussions, articles, chats, postings, transmissions, bulletin boards, photographs, videos, opinions, advice, statements, services, offers or other user and member generated content on the Website are those of their respective authors who are solely liable for their content. Boyztube and its affiliates reserve the right, in their sole discretion, to edit, refuse to post or remove any content submitted to or posted on the Website, at anytime and without any further notice to you.
6. Boyztube's only obligation concerns responding to certain content, which has been brought to Boyztube's attention.
7. As a supplier of content to the Website, including but not limited to the user's Content, videos, photographs, comments, or articles, you are required to comply with any laws and regulations in force. You are responsible for ensuring your Content:
(a) does not violate the intellectual property rights of third parties (including video clips, photographs, television shows, animated and unanimated short, medium and/or feature-length films, and advertisements that you have not personally created or for which you have not obtained the necessary authorisations from third parties who hold the rights to the aforesaid);
(b) does not cause personal injury (including defamation, insults, abuse, etc.) or constitute an invasion of privacy;
(c) is not contrary to public policy, child protection and privacy laws, or accepted moral standards;
(d) contains no child pornography, dangerous or illegal acts (including, but not limited to, incitement to violence, animal abuse or drug abuse);
(f) is not per se illegal;
(g) does not contain or constitute unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(h) contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) does not interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites
(j) does not provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to ï¿½ 219 of the Immigration and Nationality Act.
8. by uploading or disseminating images to or through the Website, you warrant that you are not uploading any infringing material and expressly warrant that you have all necessary rights and/or authorisation/s from the copyright owner/s.
9. You agree not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethically or otherwise objectionable content of any kind, including but not limited to, any content which encourages conduct that would constitute a criminal offense, violate the copyrights, trademarks, services marks or similar intellectual property rights or other rights, including invasion of privacy or rights of publicity, of others. To be clear, Boyztube neither wants nor tolerates such content. If your Content contains such material, do not upload it to this Website.
10. Failure to comply with these provisions will result in your Content being removed and/or your account being deactivated without prior notice. In addition, Boyztube reserves the right to report any violation of these provisions to applicable legal authorities and you may be personally liable to criminal sanctions applicable to the content in question (fines and/or imprisonment), in addition to any applicable civil damages.
11. In order to access some of the features of the Website, you will have to create an account. Boyztube does not authorise a you to use another users account at anytime.to create a user account with us you must provide accurate and complete information in relation to the creation of a user account. You are solely responsible for any and all activities that occur on your account with us; You are advised to secure your password at all times. You must notify Boyztube immediately of any breach of security or unauthorised use of your user account.
12. You are responsible for all Content you submit through your user account with us and you agree to maintain a copy of what you submit as we cannot be responsible for any corruption, deletion of the Content.
13. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Boyztube servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Boyztube grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Boyztube reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their submissions.
14. Boyztube is under no legal obligation to monitor your or any other Content transmitted via or stored on the Website by you or other users. Although Boyztube and its affiliates may, from time to time, monitor, review and/or delete discussions, articles, chats, postings, transmissions, bulletin boards, photographs, videos and other user and member generated content on the Website, neither Boyztube nor its affiliates is under any obligation to do so.
15. Boyztube and it's affiliates are not liable for your Content; you accept any and all responsibility for your respective Content.
USER SUBMISSIONS AND REPEAT INFRINGER POLICY
16. The Boyztube Website may now or in the future permit the submission of
videos or other communications submitted by you and other users ("User
Submissions") and the hosting, sharing, and/or publishing of such User
Submissions. You understand that whether or not such User Submissions are
published, Boyztube does not guarantee any confidentiality with respect to any
17. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.
18. In connection with User Submissions, you affirm, represent, and/or warrant without reservation or qualification that:
(i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Boyztube to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) The User has the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
(iii) For clarity in relation to term 14(ii), the User retains all of his or hers ownership rights in the User Submission's submitted by the User. However, by submitting the User Submissions to Boyztube, the User as a result grants Boyztube a worldwide, non-exclusive, royalty-free, sub licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User's Submissions in connection with the Boyztube Website and Boyztube\'s (and its successor\'s) business, including without limitation for promoting and redistributing part or all of the Boyztube Website (and derivative works thereof) in any media formats and through any media channels.
(iv) The User also hereby grants each other User of the Boyztube Website a non-exclusive license to access That User's Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by the User terminates once the User removes or deletes a User Submission from the Boyztube Website.
(v) All visual depictions displayed on this Web site, whether of actual sexually explicit conduct, simulated sexual content or otherwise, are visual depictions of consenting persons who were at least 18 years of age when those visual depictions were created.
19. Boyztube complies with the DMCA
20. The owners and operators of this Website are not the primary producer (as that term is defined in 18 U.S.C. Section 2257 and 28 C.F.R. Part 75) of all the visual content contained on the Boyztube Web site.
21. In connection with User Submissions, The User further agrees that he or she will not: post and or allow another to post or be in any way involved in the posting of any material/s that depict/s or imply/ies person/s under the age of 18 in any way shape, form or other manifestation. Such use is banned and the User practicing such usage will be reported to the relevant authorities. Boyztube does not endorse any User Submission/s or any opinion/s, recommendation/s, or advice expressed therein, and Boyztube expressly disclaims any and all liability in connection with User Submissions.
INTELLECTUAL PROPERTY RIGHTS
22. The content on the Boyztube Website, except all User Submissions (as defined above and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Boyztube, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Boyztube reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Boyztube Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Boyztube Website or the Content therein.
23. Boyztube does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Boyztube will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Boyztube reserves the right to remove Content and User Submissions without prior notice. Boyztube will at its sole discretion, suspend or simply terminate your account thereby denying you access to its Website, if a user is determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than once and/or has had a User Submission removed from the Website more than once. While pornographic and adult content are accepted, Boyztube also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length. Boyztube may remove such User Submissions and/or terminate a user's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
24. If the you believe that your work has been copied in a way that constitutes copyright infringement, please provide Boyztube with the written information specified below:
(i) a physical or electronic signature of the person authorised to act on behalf of the owner of the copyright interest that is allegedly infringed;
(ii) a description of all of the copyright works that you claim have been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Website, including, if possible, a URL of the specific location of the infringing material;
(iv) information sufficient to allow us to contact you including, at a minimum, your address, telephone number, and e-mail address;
(v) a statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf and that you will indemnify us for any action that we take as a result of the information that you have provided to us.
25. Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Boyztube reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Boyztube Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Boyztube Website or the Content therein.
26. Exclusion of Warranties
26.1 Boyztube repeat that the Website and the services through it are provided "AS IS" and we make no warranty or representation to you with respect to them.
26.2 In particular Boyztube does not represent or warrant to you that:
your use of the Website and anything available through it will meet your requirements, your use of the Website will be uninterrupted, timely, secure or free from error, any information obtained by you as a result of your use of the Website will be accurate or reliable, and
26.3 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Website except to the extent that they are expressly set out in the Terms of Service.
27. Limitation of Liability
We exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to anything displayed or made available through our Website. We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Boyztube or our servants, agents or any other person or entity. If we are liable to you for any reason, our liability will be limited to the amount paid by you for membership over a given year. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation. The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law The limitations on Boyztube's liability to you in paragraph 27 above shall apply whether or not Boyztube has been advised of or should have been aware of the possibility of any such losses arising.
We will try to make the Boyztube Website available but cannot guarantee that our Website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. Where we provide you with a translation of the English language version of the Terms of Service then the translation is provided for your convenience only and you agree that the English language versions of the Terms of Service will govern your relationship with Boyztube. If there is any contradiction between what the English language version of the Terms of Service says and what a translation says, then the English language version shall take precedence. If any provision or term of these Terms of Service shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Terms of Service and shall be deemed to be deleted from them.
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