COCKYBOYS.COM TERMS OF USE
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, Wyoming, 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. For more information on such parental control protections,
click on the following http://my.lycos.com/safetynet/safetynet.asp. You represent
and warrant that You are not physically located in one of the following zip
codes at the time of accessing this site. View List.
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, the 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 Website 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 Website. 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, Wyoming, 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, WYOMING, 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 hereby acknowledge that you understand that the Company (and all persons
affiliated therewith) does not authorize the accessing, viewing, downloading,
duplication, receiving, transmission, broadcasting or other use of the Materials
contained on the Website to or by any person, INCLUDING YOU, who is located
in any of the areas designated as PROHIBITED AREAS: View list.
3.6 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 United States of America corresponding to the entire
areas corresponding to United States Postal Service zip codes commencing with
any of the following three digits: View list.;
4.2 All parts of the following countries: Afghanistan, Germany, Kuwait, Iran,
Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China, Singapore, Saudi
Arabia, Syria, The United Arab Emirates; and
4.3 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 WWW.COCKYBOYS.COM) 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 customerservice@cockyboys.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.
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 his 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 You further 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:
By Mail:
Legal Dept., Attn. DMCA Agent
Vinyard Entertainment LLC
8721 Santa Monica Boulevard, Suite 1082
Los Angeles, California 90069
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 8721 Santa Monica Boulevard, Suite 1082, Los Angeles,
California 90069.
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 Los Angeles, California, 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 California 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 Los Angeles, State of California, 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.