TERMS AND CONDITIONS OF MEMBERSHIP
You must read and agree to these terms and conditions before you
can become an active member of Justboys.com. Please read them carefully.
- For good and valuable consideration, the sufficiency of which is
acknowledged by you and the Company, you hereby agree to become a subscriber to
Justboys.com, and agree to be bound by all the terms and conditions set forth in this
agreement (the "Agreement"). The parties to this Agreement are you, the
Subscriber, and Justboys.com. Subject to the terms and conditions set forth in this
Agreement, the Company agrees to provide to you all the privileges of subscription to
Justboys.com available to a Subscriber in good standing. This Agreement is subject to
change by Company at any time, and changes are effective upon notice to the Subscriber by
e-mail, posting at or via hyperlink to Justboys.com, or by mail.
- ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS,
CONTAINED AT Justboys.com ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS
IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT
Justboys.com 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 MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF Justboys.com
OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN Justboys.com. YOU HEREBY
ACKNOWLEDGE THAT MATERIALS PRESENTED AT AND/OR DOWNLOADABLE FROM Justboys.com INCLUDE
EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL, BI-SEXUAL,
AND/OR TRANSEXUAL SITUATIONS OF A SEXUAL NATURE, THAT YOU ARE FAMILIAR WITH MATERIALS OF
THIS KIND, AND THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS.
YOU HEREBY FURTHER AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE
OF EIGHTEEN YEARS AND ARE CAPABLE OF LAWFULLY ENTERING INTO THIS AGREEMENT.
- I acknowledge and agree that all materials contained at
Justboys.com are proprietary and constitute valuable intellectual property. I acknowledge
and agree that as such, I may only access, view, download, receive and otherwise use the
materials available at Justboys.com only as authorized by the Company. I agree that I
shall at no time access, view, download, receive or otherwise use, or cause or enable
others to access, view, download, receive or otherwise use materials, directly or
indirectly in places which the Company does not authorize such access, viewing,
downloading, receipt or other use. I hereby acknowledge and agree that no materials from
any parts of Justboys.com are authorized, and no materials are intended, by the Company to
be accessed, viewed, downloaded or used by, or transmitted, broadcast or otherwise
disseminated to any person or entity located in any and all areas prohibited by law. I
agree that any and all unauthorized access, viewing, downloading, receipt, duplication or
other use of materials from Justboys.com, in which I am 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 Justboys.com's and potentially other's intellectual property rights and other rights in
such materials and shall further constitute a violation of Justboys.com's trademark and
other rights, including, but not limited to, rights of privacy.
- I agree to be personally liable and fully indemnify Justboys.com
for any and all damages directly, indirectly and/or consequentially resulting from my
attempted or actual unauthorized downloading or other duplication of materials from
Justboys.com 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 Justboys.com including, but not limited to,
damages resulting from loss of revenue, loss of property, fines, attorney's fees and
costs, including, without limitation, damages resulting from prosecution and/or
governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
- Some or all of the following fees and charges may be incurred by
the Subscriber:
a. Subscription Fees. The Subscriber is responsible for paying periodic
subscription fees according to the then-current billing terms. Subscription fees are
non-refundable; and you must be 18 years of age or older to receive a membership to
Justboys.com. For your convenience and satisfaction, all memberships will automatically
renew upon expiration unless your subscription is cancelled at least 24 hours prior to
expiration. The cost of renewal will not exceed monthly membership costs at time of
members' initial subscription. Cost of renewal will not be affected by any increase in
Justboys.com subscription rates. 5 day trial recurs at $29.95 } 1 month
membership recurs at $29.95 } 3 month membership recurs at $59.95 .
All membership cancellations can take place by visiting our MEMBER SERVICES area.
b. Other fees and/or charges for goods and services ordered at,
through and/or from Justboys.com and its licensees.
- Subscriptions may not be assigned or transferred to any other
person or entity. Subscriber must promptly inform Company of the following: changes in the
expiration date of any credit card used in connection with Justboys.com; changes in home
or billing address; and apparent breaches of security, such as loss, theft, or
unauthorized disclosure or use of an ID or password. Until Company is notified, by
conventional mail, web site form,
or by telephone to Justboys.com's Customer Service Department at (888) 968-5834, during
normal business hours of a breach in security, the Subscriber will remain liable for any
unauthorized use of Justboys.com. Upon request, Subscribers will be given access to
billing records that support charges for use of the Justboys.com.
- Payment for the services provided to you at and/or through
Justboys.com may be made by automatic credit card or check debit and you hereby authorize
Company and its agents to transact such payments on your behalf. You agree not to report
as lost or stolen any credit card which you have used in conjunction with payment to
Justboys.com, or as unauthorized any charge by Justboys.com, for any goods or services,
including subscription, for which you do not have good reason to believe is, in fact,
lost, stolen or unauthorized. You hereby agree that any such fraudulent reporting of a
lost or stolen credit card used to obtain goods or services from Justboys.com or any
fraudulent reporting of an unauthorized charge to Justboys.com on your credit card which
has been made by you or anyone under your authority, at a time when a charge or other
obligation for payment for goods and/or services to Justboys.com remains outstanding at
the time of such fraudulent reporting, you shall be liable to Justboys.com for liquidated
damages of $25,000.00. 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.
- Subscription to Justboys.com may be terminated at any time, and
without cause, by either Company or Subscriber upon notification of the other by
electronic or conventional mail, or by telephone. You agree to be personally liable for
all charges incurred by you during or through the use of Justboys.com. Your liability for
such charges shall continue after termination of your membership for any reason.
- Subscribers are responsible for providing all personal computer
and communications equipment necessary to gain access to Justboys.com. Access to and use
of Justboys.com is through the use of a password. Each Subscriber must keep his password
strictly confidential. For security reasons, Justboys.com will not release passwords.
Unauthorized access to Justboys.com is a breach of this Agreement and a violation of law.
- Subject to the terms and conditions set forth herein, Justboys.com
hereby grants you a limited, non-exclusive and non-transferrable license to use graphic
files, audio files, video files, text, hyperlinks, interlinks, search engines, and other
software associated with authorized Subscriber use of Justboys.com which Company provides
("Materials") during the period in which you are a current Subscriber in good
standing. You may use the Materials only in accordance with the terms and conditions of
your membership, only on one computer at a time and, if downloadable copies of the
Materials are made available by Justboys.com, you may make only a single copy of such
Materials for your personal use and enjoyment. You may not remove any propriety notices
from Materials at any time. You may make no use of Materials not expressly authorized
herein or by prior express written authorization from Company. Prohibited uses, include,
without limitation: (1) permitting other individuals to directly or indirectly use the
Materials; (2) modifying, translating, reverse engineering, decompiling, disassembling the
Materials (except to the extent applicable laws specifically prohibit such restriction);
(3) making copies or creating derivative works based on the Materials except as provided
herein; (4) renting, leasing, or transferring any rights in the Materials; (5) removing
any proprietary notices or labels on the Materials; and (6) making any other use of the
Materials. This license does not grant you any rights to any software enhancements or
updates of any kind.
- Except for public domain material or material otherwise licensed
to Company for electronic dissemination, all Materials displayed at or otherwise available
through Justboys.com are proprietary, and, except for initial downloading, may not be
copied, redistributed, or downloaded, in whole or in part, without the prior written
authorization of Company. All editions of Justboys.com, and all Materials and other matter
used directly or indirectly in, at, by, through and/or with Justboys.com are protected by
the copyright laws of the United States, international copyright treaties and other laws
and regulations. All rights are reserved. All intellectual property and other rights in
and to the Materials and other matter at Justboys.com shall at all times remain in
Company, its parent(s), subsidiary(ies), licensee(s) and assign(s). All intellectual
property and other rights in and to any intellectual property content accessed through the
Materials is the property of the applicable content owner, which may be the Company, its
parent(s), subsidiary or subsidiaries, licensee(s) and assign(s), or others, and may be
protected by applicable copyright and/or other laws. The limited and non-exclusive license
granted to you herein grants to you no rights to use such content except as set forth
herein. This license will immediately terminate automatically if you fail to comply with
the limitations described herein, breach any other provision of this Agreement, cease, for
any reason, to be a Subscriber in good standing, or are notified of its termination by the
Company or its authorized agent(s). You agree that upon such termination, you will
immediately destroy all copies of the Materials in your possession.
- You agree that Materials 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 warranties of merchantability, fitness for a particular
purpose and non-infringement. The entire risk as to the quality and performance of the
Materials and all services provided by Company is borne by you. Should the Materials 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 from any and all such defects. This disclaimer of warranty
constitutes an essential part of the 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 Company, its suppliers, licensees, resellers, or
other subscribers, or their suppliers, licensees, resellers or subscribers be liable to
you or any other person for any indirect, special, incidental, or consequential damages of
any character including, without limitation, damages for loss goodwill, work stoppage,
computer failure or malfunction, or any and all other commercial damages resulting from
any use of Materials or other use of Justboys.com.
- Company does not screen or endorse advertisements or
communications submitted to Justboys.com by third-party licensees, advertisers, or
subscribers for electronic dissemination through Justboys.com. Subscribers are therefore
advised to use their own judgment to evaluate all advertisements and other communications
available at or through the use of Justboys.com prior to purchasing goods and/or services
described at Justboys.com or otherwise responding to any communication at Justboys.com.
- 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
membership fee paid by or on behalf of the subscriber to Company for the preceding month.
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 Materials, data,
advertisement or other communication at or through Justboys.com.
- No warranty is made by Company regarding any information,
services, Materials or products provided through or in connection with the Justboys.com,
and Company hereby expressly disclaims any and all warranties, including without
limitation: 1) any warranties as to the availability, accuracy, or content of Materials,
information, products, or services; 2) any warranties of merchantability or fitness for a
particular purpose. Some states do not allow the exclusion of implied warranties, so the
above exclusion may not apply to you.
- "Justboys.com" is a service mark of Justboys.com,
INCORPORATED. All rights are reserved.
- All materials included at Justboys.com are for the private use by
Subscribers only. No other uses are intended by the Company and any other use is strictly
prohibited.
- If the Company should at any time provide any service which
enables Subscribers to communicate with or otherwise share information with other
Subscribers or persons providing any kind or service to Subscribers, you agree not to
submit, publish, display, disseminate, or otherwise communicate any defamatory,
inaccurate, abusive, threatening, offensive, or illegal material while connected to or
otherwise directly or indirectly using Justboys.com or other services provided to you by
Company. Transmission of such material or any material that violates any federal, state,
or local law in the United States or anywhere else in the world, is strictly prohibited
and shall constitute a material breach of this Agreement entitling Company to immediately
terminate all rights to access to Justboys.com. You are solely responsible for all
information which you submit, publish, display, disseminate or otherwise communicate
through Justboys.com even if a claim should arise after termination of service. If the
Company provides any such service described herein, you agree that all messages and other
communications by you shall be deemed to be readily accessible to all other Subscribers
who are authorized to access Justboys.com and agree that all such messages and other
communications shall not be deemed to be private or secure. Regardless of whether the
Company provides any type of service described herein, you agree that you have hereby been
informed and noticed that any and all messages and other communications which you submit
to Company directly or through Justboys.com can be read by the operators and/or other
agents of Company, whether or not they are the intended recipient(s).
- Notices from Justboys.com to Subscribers may be given by means of
e-mail, by general posting on Justboys.com, or by conventional mail. Communications from
you to the Company may be made by e-mail, conventional mail or telephone. All questions,
complaints, or notices to Justboys.com may be sent in the following manner:
a. by means of the web site form; or
b. by telephone to Justboys.com's Customer Service Department
during normal business hours to 888-968-5834.
- This Agreement contains the entire agreement between the
Subscriber and Company regarding Subscribers' use of Justboys.com, Materials 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. This Agreement shall be governed by and construed 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. 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. Unless otherwise
explicitly stated, the provisions of this Agreement shall surviveits termination.
YOU HEREBY AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO
ALL ITS TERMS AND CONDITIONS BY CLICKING WHERE INDICATED BELOW AND BY AUTHORIZING THE USE
OF YOUR CREDIT CARD FOR PAYMENT OF CHARGES AND FEES FOR YOUR OBTAINING A SUBSCRIPTION TO
Justboys.com.
SELECT "I AGREE" TO INDICATE THAT YOU HAVE READ THE
MEMBERSHIP AGREEMENT IN ITS ENTIRETY, UNDERSTAND ITS TERMS, CONSENT TO ALL THE TERMS AND
CONDITIONS SET FORTH IN THE MEMBERSHIP AGREEMENT, REPRESENT AND WARRANT THAT YOU ARE
CURRENTLY OVER THE AGE OF 18 YEARS AND UNDERSTAND THAT MATERIALS PRESENTED AT Justboys.com
INCLUDE NUDITY, VISUAL AND AUDIO PRESENTATIONS OF SEXUAL SITUATIONS AND ADULT LANGUAGE.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH
IN THIS AGREEMENT, ARE NOT OVER 18 YEARS OF AGE, OR ARE IN AN UNAUTHORIZED DOWNLOADING
LOCATION, SELECT THE "I DO NOT AGREE".
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