LEGAL NOTICE -SET FORTH HEREIN ARE THE TERMS AND CONDITIONS GOVERNING USE AND ACCESS TO COCKYBOYS.COM (THE “WEBSITE”) AND THE CONTENT AND SERVICES PROVIDED THROUGH SAID WEBSITE.
YOUR AGREEMENT TO THESE TERMS AND CONDITIONS IS REQUIRED FOR YOU TO ACCESS THE WEBSITE AND THE CONTENT AND SERVICES PROVIDED THROUGH SAID WEBSITE.
PLEASE CAREFULLY READ ALL THE PROVISIONS OF THIS AGREEMENT (THE “AGREEMENT”). YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS BY ACCESSING THE WEBSITE AND/OR CLICKING THE “I ACCEPT” BUTTON WILL CONSTITUTE YOUR ACKNOWLEDGEMENT THAT THESE TERMS AND CONDITIONS CONSTITUTE A BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND THE WEBSITE.
1. PARTIES TO THIS AGREEMENT; SERVICES AND CONSIDERATION. The parties to this Agreement are You (the user and/or subscriber) and Vinyard Entertainment LLC (the "Company"). As used in this Agreement, the terms "we," and "us" are used interchangeably to refer to the Company and the Website; the term "You" and "Your" is used to refer to You.
1,1 Your Representations: You understand that the Website contains graphic, sexually-explicit erotic content which may include visual and/or audiovisual depictions of nude adults, adults engaging in sexual acts including gay-themed sexual acts, and sexually-explicit material. You agree that if the materials contained in the Website offend You, You will exit from the applicable materials and/or web pages immediately. All depictions on this Website are for fantasy entertainment only, and do not represent, reflect, document or otherwise memorialize the actual conduct, solicitation, or promotion of any illegal act. You represent that You are at least 18 years of age (21 years old in Alabama, Mississippi, Nebraska, Delaware, and any other location where 18 years is not the age of majority), and that You are voluntarily choosing to view and access such sexually-explicit material for Your own personal use. You intend to view the sexually-explicit material in the privacy of your home, or in a place where there are no other persons viewing this material who are either minors, or who may be offended by viewing such material. You will not redistribute site material to anyone, nor will You permit any minor or any person who might find such material personally offensive to see this material. You are familiar with your local community standards and that the sexually-explicit materials which You have chosen to view and/or download from this site are well within the contemporary community standards of acceptance and tolerance of your community for sexually-explicit materials. You represent and agree that, in accessing the Website, You shall follow all standards and law that apply to You. In order to prevent or limit Your children's access to material that is inappropriate for minors, You acknowledge that you hereby have been advised by the Company, that a number of parental control protections (such as computer hardware, software, and filtering services) are commercially available to You.
1.2 Website’s Service: Subject to Your acceptance of the terms and conditions set forth in this Agreement and the payment of any fees as may be required from time to time, Company agrees to provide to You access to the content and services provided through the Website that are available to a User or Subscriber in good standing.
1.3 Services: Company, through its Website, currently provides Users with access to various mobile and online services and content, including various types of audiovisual media. You understand and agree that you may receive certain communications from Company in connection with accessing its services and content, such as service announcements, administrative messages and information about upcoming services. If You don't want to receive such information, You can opt-out from receiving such material by notifying Company. All new features that augment or enhance the current services and content, including the release of new content, products or other services, shall be subject to these terms and conditions. You understand and agree that the Website, and all services and content, are provided "AS-IS" and that Website and Company assume no responsibility for the timeliness, deletion, or failure to store any user communications or personalization settings.
1.3 Company and Website reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, its services and/or content (or any part thereof) with or without notice. You agree that Company and Website shall not be liable to you or to any third party for any such modification, suspension or discontinuance.
1.4 You shall be solely responsible for obtaining access to the Website’s services and content. If such access involves third party fees (such as Internet service provider or airtime and SMS charges), You shall be solely responsible for those fees, including those fees associated with the display or delivery of advertisements.
1.5 You agree that this Agreement is subject to change by the Company at any time and changes shall become effective upon notice to Users by e-mail, posting at or via hyperlink to the Website, or by mail. You may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect.
1.6 You agree that any action on Your part to bookmark to a page on this Website shall constitute an implicit acceptance by You of all the terms and conditions set forth herein as well as an explicit acknowledgement by You of the fact that You are an adult and at least 18 years of age (21 years old in Alabama, Mississippi, Nebraska, Delaware, and any other location where 18 years is not the age of majority).
2. SEXUALLY EXPLICIT MATERIAL. ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED AT THE WEBSITE ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT THE WEBSITE DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (21 YEARS IN ALABAMA, MISSISSIPPI, NEBRASKA, DELAWARE, AND ANY OTHER LOCATION WHERE 18 YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THE WEBSITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THE WEBSITE. YOU HEREBY FURTHER AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE APPLICABLE AGE OF MAJORITY AND ARE CAPABLE OF LAWFULLY ENTERING INTO AND EXECUTING THE TERMS OF THIS AGREEMENT.
2.1 YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU KNOW AND UNDERSTAND THAT THE MATERIALS PRESENTED AT, AND/OR DOWNLOADABLE FROM, THE WEBSITE MAY INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND SEXUAL ACTIVITIES, INCLUDING WITHOUT LIMITATION, HETEROSEXUAL, BI-SEXUAL AND HOMOSEXUAL ACTIVITIES OF AN EXPLICIT SEXUAL, NATURE; THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND; THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS; AND THAT BY AGREEING TO THESE TERMS AND CONDITIONS YOU ARE WARRANTING TO THE COMPANY THAT YOU ARE INTENTIONALLY AND KNOWINGLY SEEKING ACCESS TO SUCH EXPLICIT SEXUAL MATERIALS FOR YOUR OWN PERSONAL VIEWING.
3. GRANT OF LIMITED LICENSE WITH RESERVATIONS. In consideration of Your acceptance of these terms and conditions as well as the representations and agreements made by You under the terms and conditions of this Agreement, and subject to the terms and conditions set forth in this Agreement, the Company hereby grants You a limited, nonexclusive and nontransferable license to access and use the materials and services contained in, or made available through this Website (hereafter “Materials”) solely for Your private personal non-commercial use as provided by the Company during the period in which You are a User in good standing.
3.1 You acknowledge and agree that all Materials contained at the Website are proprietary and constitute valuable intellectual property owned by the Company or others who have licensed use of such Materials to the Company.
3.2 You acknowledge and agree that You may access, view and/or download the Materials available at the Website only:
(a) as specifically authorized by the Company;
(b) in accordance with this Agreement;
(c) in the case of download or other replication made available to You by the Website, only on the one personal computing device indicated by You to the Website at the time such download was made available, and then only for the longer of a thirty (30) day period or the period of time You remain a paid subscriber in good standing;
(d) for Your own personal noncommercial use and enjoyment.
3.3 You further acknowledge that the Company specifically prohibits You from doing any of the following acts, and You agree not to do any of these prohibited acts:
(a) permitting other individuals to directly or indirectly use the Materials;
(b) modifying, translating, reverse engineering, decompiling, disassembling the Materials (except to the extent applicable laws specifically prohibit such restriction);
(c) making copies or creating derivative works based on the Materials;
(d) renting, leasing, or transferring any rights in the Materials;
(e) removing any proprietary notices or labels on the Materials; and,
(f) making any other use of the Materials not expressly permitted herein.
3.4 You further represent and warrant to the Company that Your agreement to these terms and conditions constitutes an agreement that You shall not access, or attempt to access, any Materials available at the Website in a manner not expressly authorized by the Company. You agree and warrant that You shall not access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use the Materials, directly or indirectly in places which the Company does not authorize such access, viewing, downloading, receipt or other use.
3.5 You further acknowledge that You understand and agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of Materials from the Website, in which You are directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving or other use of Materials in PROHIBITED AREAS in any manner shall constitute intentional infringement(s) of the Company's and potentially others' intellectual property rights and other rights in such Materials and shall further constitute a violation of Company's trademark and other rights, including, but not limited to, rights of privacy.
4. PROHIBITED AREAS. All of the following areas constitute PROHIBITED AREAS from which no part of the Website may be accessed, viewed, downloaded or otherwise received:
4.1 All parts of the following countries: Afghanistan, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria, The United Arab Emirates; and
4.2 All parts of every other geophysical place corresponding to a political entity or part thereof in which the access, viewing, downloading, receipt, dissemination of, or other use of the materials contained in the Website would constitute a violation of any law, regulation, rule or custom.
5. INDEMNIFICATION FOR UNAUTHORIZED USE OF PROPRIETARY MATERIALS. You agree to be personally liable and fully indemnify the Company and its successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any attempted or actual unauthorized access, viewing, receipt, transmission, downloading or other use or duplication of Materials from the Website by You alone, or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of Materials from the Website, including attorney’s fees.
6. SUBSCRIPTIONS; DOWNLOAD FEES; CANCELLATION. By accessing the content of Website you agree to the following terms and conditions:
6.1 The Website charges fees for the use of content and services provided through the Website, you agree to pay the fees charged by Website, as set forth in the Website, for the content and services you use.
6.2 The Website permits monthly subscriptions to the Website, you agree to pay the fees charged by Website, as set forth in the Website, associated with the subscription plan that you choose.
6.3 All fees, including subscription fees, to the Website shall be subject to change upon notice by Company at any time at the sole and absolute discretion of Company. Company will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you will have seven (7) days from the date of such notice to cancel your subscription plan and/or your account effective at the end of the applicable subscription period. All fees are due immediately and are non-refundable, except as otherwise expressly noted.
6.4 TO CANCEL A MONTHLY SUBSCRIPTION PLAN YOU MUST NOTIFY THE COMPANY OF YOUR CANCELLATION BY E-MAIL OR U.S. MAIL (AT THE THEN CURRENT E-MAIL ADDRESS OR MAILING ADDRESS AS PROVIDED AT THE WEBSITE) AT LEAST 7 DAYS BEFORE THE EXPIRATION DATE OF YOUR THEN CURRENT SUBSCRIPTION TERM.
6.5 All cancellations received by the Company will be effective upon receipt.
6.6 You hereby acknowledge and agree that if You cancel Your monthly subscription, or if Your subscription is cancelled by the Company, Your username and password will be removed from the system at the end of the then current monthly subscription period and that You will be entitled to receive the full benefits of Your monthly subscription until the end of such period. You shall not be entitled to any pro-rated or partial refund if You cancel Your monthly subscription before the end of the then current monthly subscription period. You agree that if you cancel at any time after purchasing a monthly subscription to Website, You will still be charged the full month’s subscription fee.
6.7 The Company may, at any time and at its sole discretion, cancel any paid trial subscription or monthly subscription; provided, however, that if the Company cancels any paid trial subscription prior to its expiration, the Company shall provide a pro-rata refund for the unexpired period of the cancelled month’s subscription by automatic credit.
6.8 You hereby authorize the Company to charge Your credit card (which You hereby acknowledge was entered by You into the sign-up page) to pay for Your trial subscription fee and all monthly subscription fees to Website at the then current standard monthly subscription rate. You further authorize the Company to charge Your credit card for any and all purchases of products, services and entertainment available through, at, in or on, or provided by, Website You agree to be personally liable for all charges incurred by You during or through the use of Website. Your liability for such charges shall continue after termination of Your subscription.
7. TRANSFER OR ASSIGNMENT OF SUBSCRIPTION OR USERNAME. You agree that as a user of the Website You shall not, under any circumstances, have the right to transfer or assign Your subscription or username or password to any other person or entity, and that any attempted transfer or assignment shall be void and in violation of this Agreement.
7.1. You further agree that the Company, may at any time at its sole discretion and without prior notice to You, transfer or assign Your subscription in the Website to an affiliated or non-affiliated Company.
8. PAYMENT AUTHORIZATION/ NOTICE OF LOST OR STOLEN CARD/ FRAUDULENT USE OF CARD. Payment for the services provided to You at, and/or through Website may be made by automatic credit card processing, or by other means set forth on the Website, and You hereby authorize Company and its agents to transact such payments on Your behalf.
8.1 You further agree that as a user of the Website, You must promptly inform Company of any and all the following: loss or theft of the credit card used to pay for subscription to Website or other goods or services obtained in, at or through the Website; changes in the expiration date of the credit card; changes in home or billing address; apparent breaches of security regarding Your subscription, such as loss, theft, unauthorized disclosure or use of a username or password; and all other changes pertaining to Your credit card account used to pay for goods or services pursuant to this Agreement which may affect Company's ability to expeditiously obtain payments due to Company. You agree that You will remain liable for any unauthorized use of Website or any of its services associated with your subscription, until You have notified Company’s Customer Service by email at email@example.com.
8.2 You hereby agree that you shall be liable to the Company for liquidated damages of $25,000.00 in the event of : (a) any fraudulent reporting made by You or anyone under Your authority of a lost or stolen credit card used to obtain goods or services from the Website, or (b) any fraudulent reporting made by You or anyone under Your authority of an unauthorized charge to the Website on Your credit card. The liability for liquidated damages specified in this paragraph shall not limit any other liability You may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement.
8.3 You further acknowledge and agree that You will remain liable to the Company for any unauthorized use of the Website associated with Your subscription or other purchase of goods and services obtained in, at or through the Website.
8.4 Unless and until you notify Company that you wish to cancel or terminate Your subscription to Website, You hereby agree and authorize Company or its designated agent or assignee to automatically renew Your subscription to Website on a continuing monthly basis and to charge Your credit card (or other approved facility) to pay for the ongoing cost of Your subscription. You hereby further authorize Company or its designated agent or assignee to charge Your credit card (or other approved facility) for any and all purchases of products, services and entertainment provided to You by or though Website.
8.5 In the event Your financial institution rejects your credit card (or other approved facility) transaction or any fraudulent claims are made on any of your credit card (or other approved facility) transactions, You acknowledge and agree that the Company reserves the right to charge Your credit card (or other approved facility) US$30.00 per chargeback.
8.6 If Company refers Your uncollected credit card (or other approved facility) transaction to an outside billing service, collection agency, and/or attorney, You agree to be responsible for all such costs, damages, expenses and fees that are incurred in the process of resolving any debt created by such transaction. You agree and acknowledge that your personal account information may be submitted to various credit bureaus and/or national verification systems to collect any sums due Company, and you further acknowledge and agree that such submission may affect Your personal credit rating and may block You from processing further transactions.
9. TERMINATION OF SUBSCRIPTION. Either Company or You may terminate at any time, and without cause, Your subscription to the Website, subject to the cancellation policy and procedures set forth in this Agreement. Your liability for all charges incurred during Your subscription term shall continue after termination, for any reason, of Your subscription.
10. PASSWORD SECURITY. You are responsible for providing all personal computer and communications equipment necessary to gain access to the Website. Access to and use of the Website may be through the use of a username and password. You must keep this password strictly confidential and You agree that if You share Your username and/or Your password with another individual that Your access to the Website is subject to immediate termination without notice or reimbursement of any kind.
11. NO WARRANTIES; LIMITATIONS ON COMPANY’S LIABILITY. YOU HEREBY AGREE THAT THE WEBSITE, THE MATERIAL, AND ALL OTHER SERVICES PROVIDED TO YOU BY COMPANY, ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY, ACCURACY, OR CONTENT OF MATERIALS, INFORMATION, PRODUCT OR SERVICES, AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY EXPRESSLY DISCLAIMS SUCH WARRANTIES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MATERIAL, AND ALL SERVICES PROVIDED BY COMPANY, IS BORNE EXCLUSIVELY BY YOU. SHOULD THE MATERIAL, OR ANY OTHER SERVICE PROVIDED BY COMPANY, PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO YOUR COMPUTER OR INCONVENIENCE TO YOU, YOU, AND NOT COMPANY, ASSUME THE ENTIRE COST AND ALL DAMAGES WHICH MAY RESULT DIRECTLY AND INDIRECTLY FROM ANY AND ALL SUCH DEFECTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. UNDER NO CIRCUMSTANCES, AND UNDER NO CAUSE OF ACTION OR LEGAL THEORY, SHALL THE COMPANY, ITS SUPPLIERS, LICENSEES, RESELLERS, OR OTHER MEMBERS OR USERS OF THE WEBSITE, OR THEIR SUPPLIERS, LICENSEES, OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES RESULTING FROM ANY USE OF MATERIALS OR OTHER USE OF THE WEBSITE.
11.1 ANY LIABILITY OF COMPANY, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OR ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT OF SUBSCRIPTION AND/OR DOWNLOAD FEE PAID BY, OR ON BEHALF OF, YOU TO THE COMPANY FOR THE PRECEDING MONTHLY BILLING PERIOD OR PAID TRIAL PERIOD, AS APPLICABLE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. COMPANY IS NOT LIABLE FOR DAMAGES RESULTING FROM DISSEMINATING, FAILING TO DISSEMINATE, OR INCORRECTLY OR INACCURATELY DISSEMINATING ANY MATERIAL, DATA, ADVERTISEMENT OR OTHER COMMUNICATION AT OR THROUGH THE WEBSITE.
12. NO SCREENING OF THIRD PARTY CONTENT/LIMITATION OF LIABILITY.
12.1 You acknowledge that You understand that the Company does not screen or endorse the content of any advertisements or communications submitted to or posted on the Website by third-party licensees, advertisers, users of the Website or other persons, nor does the Company exercise any editorial control, prior screening or supervision over such content. Users are therefore advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of the Website prior to purchasing goods and/or services described at the Website or otherwise relying on or responding to any communication or information posted on, or accessed through the use of the Website.
12.2 Links To Third-Party Sites. You might access some of the content of the Website via hyperlinks that will connect You to third parties, or to third-party websites that may provide content to the Website. Those linked websites are not under the control of Company and Company has no editorial control or supervision over selection or display of the content provided by those third parties or those third-party websites. Company is providing You links to those third-party websites only as a convenience, and the inclusion of any link on Company's Website does not imply endorsement by Company of any other website or the content of any such website. The owners and operators of all third-party websites are solely responsible and liable for the content they provide to You.
12.3 You further acknowledge that You understand that the Company does not control the content of any information, messages, communication, personal data, photographs, video or audio content, or any other material posted or uploaded by users of the Website (collectively, " User Originated Content"), and that You release the Company and its agents, officers, directors and employees, from any and all liability and responsibility, directly and indirectly, in connection with the content of any information, messages, communication or other User Originated Content You may receive from other Users of the Website.
12.4 Company claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for User Originated Content provided by third parties and members and nothing in this Agreement is intended to waive, remove, or usurp such immunity. You understand and agree that Company reserves the right, in its sole and exclusive discretion, to delete any content, messages, photos, profiles or other information posted on the Website by any User or any other person that in the sole judgment Company violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Company and/or its members.
13. RESTRICTIONS ON USERS’ COMMUNICATIONS; USER LIABILITY FOR INFORMATION THEY POST. If the Company should, at any time, provide any service which enables users or other persons to communicate with or otherwise share information with other users or persons providing any kind of service to users, or post information at, in or on the Website, You agree not to post, submit, publish, display, disseminate, or otherwise communicate any defamatory, obscene, pornographic, profane, inaccurate, abusive, threatening, offensive, or illegal material, or any material which would violate or infringe the copyright, trademark, rights of publicity, privacy rights or other rights of any person or entity. You further acknowledge and understand that transmission or publication of such User Originated Content, or any other material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited by Company and that Your transmission or publication of such User Originated Content or material shall constitute a material breach of this Agreement entitling the Company to immediately terminate Your right to access or use the Website without notice.
13.1. You acknowledge and agree that You, and not the Company, shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, of all User Originated Content which You submit, publish, display, disseminate or otherwise communicate through the Website even if a claim for damages or liability should arise after termination of service.
13.2 You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside. Your correspondence or business dealings with, or participation in promotions of or with parties found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations applicable to such dealings, are solely between You and such parties.
14. COMMUNICATIONS IN CHAT ROOM OR PUBLIC AREAS NOT PRIVATE. If the Company should, at any time, provide any service which enables users or other persons to communicate with or otherwise share information with other users or persons providing any kind of service to users, or post information at, in or on the Website, You acknowledge and agree that all messages or content posted by You or others in any chat rooms, chat services, or public areas of the Website shall be deemed to be readily accessible to the general public and consequently should not be considered private or confidential. Notice is hereby given that all messages entered into this Website can and may be read by the site’s operators, whether or not they are the intended recipient(s).
15. TRADEMARKS AND DMCA DESIGNATED AGENT. “Cockyboys”, “Cockyboys.com”, “Kyle Majors’ Cockyboys.com”, “Where Boys With Attitude Go….Down”, “Kyle Majors”, “Derrick Vinyard” and “Feeling Cocky?” are trademarks of Vinyard Entertainment LLC and may not be reproduced or otherwise made use of without the prior express written consent of Vinyard Entertainment LLC..
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Vinyard Entertainment's Designated Agent. To be effective, the notification must be in writing and include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit InfoSpace to locate the material;
4. Your address, telephone number, and, if available, your e-mail address;
5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Vinyard Entertainment’s Copyright Agent for notice of claims of copyright infringement on this site can be reached as follows:
Vineyard Entertainment, LLC
PO Box 1512
Long Island City, NY 11101
By E-mail: Copyright
This contact information is provided exclusively for notifying the Service that copyrighted material may have been infringed. Unrelated inquiries will NOT receive a response through this process. Contact information for other matters is provided elsewhere on this site.
16. CUSTODIAN OF RECORDS. All models, actors, actresses and other persons that appear in any visual depiction of actual sexual conduct appearing or otherwise contained in Website were over the age of eighteen years at the time of the creation of such depictions. All other visual depictions displayed on this Website are exempt from the provision of 18 U.S.C. 2257 and 28 C.F.R. 75 because any of said visual depictions which appear to be of sexually explicit conduct are merely simulated. With respect to all visual depictions displayed on this Website, whether of actual sexual conduct, simulated sexual content or otherwise, all persons in said visual depictions were at least 18 years of age when said visual depictions were created. The records required pursuant to 18 U.S.C. 2257 and 28 C.F.R. 75 are kept by the Custodian of Records for Website as identified in the 2257 notice on the Website.
17. AUTHORIZATION AND PERMISSION TO SEND SEXUALLY ORIENTED COMMERCIAL EMAILS TO YOU. You hereby authorize and permit notices, advertisements, E-mail and other communications to be sent to You from Company or its authorized agents, assigns, representatives, advertisers and contractors by means of e-mail, including without limitation e-mails, advertisements, notices and other communications containing explicit sexual content and language and images of nudity or explicit sexual conduct. Moreover, You agree that Your authorization and permission to Company to send You such materials and communications shall continue to be in effect unless and until You notify Company that You wish to be deleted from Company’s email list.
17.1 OPT-OUT AND CANCELLATION PROVISIONS. At any time, You may opt out of future e-mailings and cancel Your receipt of future sexually-oriented e-mailing from the Company by clicking the unsubscribe link at the bottom of each e-mail or sending an e-mail cancellation request to customerservice.
18. NOTICES TO COMPANY OR USERS. Notices from the Website to users may be given by means of electronic messages, by general posting on the Website, or by conventional mail. Communications from You to the Company may be made by electronic messages or conventional mail, unless otherwise specified in the Agreement.
18.1 All notices to the company shall be sent by electronic mail to customerservice or by conventional mail to PO Box 1512, Long Island City, NY 11101.
19. ENTIRE AGREEMENT. This Agreement contains the entire agreement between You and the Company regarding Your use of the Website, and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Company.
20. VENUE AND JURISDICTION, CHOICE OF LAW, ARBITRATION. This Agreement shall be governed by and construed in all respects under the laws of the State of California and the United States as applied to agreements between California state residents entered into and to be performed within the State of California, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
20.1 Any and all disputes as to the interpretation of or any performance under this Agreement which are not first resolved informally, shall be determined by binding arbitration in New York, New York, in accordance with the rules of the American Arbitration Association. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of New York and the United States.
20.2 If any legal proceedings other than arbitration are brought by either party hereto related to the matters herein, said legal proceeds shall be brought in and adjudicated solely in the federal or state courts located in the County of New York, State of New York, USA. Both parties hereto consent to extra-territorial service of process and submit to the jurisdiction of said courts.
21. UNENFORCEABILITY OF PROVISIONS. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.
22. AFFIRMATION OF AGREEMENT. By joining the Website, You hereby acknowledge and affirm that You have read this entire Agreement and that you AGREE to all its terms and conditions by and by authorizing the use of your credit card for payment of charges and fees for you maintaining a membership to the Website and for any other charges which You may incur for goods or services ordered at or in association with the Website.