Terms and Conditions
Please read these terms and conditions carefully, they
contain important information about your rights and obligations. You can print
out these terms and conditions by clicking on the print icon on your browser.
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
privacy policy of each other website that you visit.
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.
4. Boyztube hereby grants you permission to use the Website as set out in these
Terms of Service and Privacy Policy http://www.boyztube.com/privacy provided
that:
(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 Γ―ΒΏΒ½
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
User Submissions.
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.
28. GENERAL
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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Paid Memberships are subscriptions. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature.
By subscribing to the Paid Membership, you authorize Sun Networks to bill the credit card you provided now and again at the beginning of any subsequent subscription period.
Cancelling Premium Membership
Your membership is a subscription which is automatically renewed for the same term once the membership term expires unless you cancel it. You can cancel your membership at any time. The cancellation would go into effect 30 days after the end of your current billing period of Premium Membership. After that, you will automatically be converted to free basic membership.For avoidance of doubt, you will be billed for the final 30 days and you you will be informed by e mail when your account reverts to free status.



