Acceptance of Terms of Service
These Terms of Service ("TOS") constitute a binding agreement between you and the owners and
operators of BoysofLasVegas.com ("BoysofLasVegas"), regarding your use of the BoysofLasVegas website
(the "Site"). Please read this Agreement carefully. By using the Site you agree to be bound by the TOS
and by the BoysofLasVegas Privacy Policy. If you do not agree to any provision of this Agreement, you
should not use the Site or the Service.
The TOS may be revised from time to time without notice to you other than appearing on the Site. The
TOS will indicate when they were last revised. It is your responsibility to regularly check the Site
and to review the TOS. Your continued use of the Site constitutes your agreement to all revisions to
the TOS.
By accessing the Site you represent and warrant that you are at least 21 years old, that you have
reached the legal age determined by the governing law of your country to view sexually explicit
material, that you are accessing the Site from an a location where the content of the Site is legal and
permitted, and that you will not permit any other person access to the Site who is not allowed to do
so. Access to materials appearing on this Site from jurisdictions where its contents are illegal is
prohibited.
Provision and Modification of the Site
You may, in accordance with this Agreement, view the content on the Site and, to the extent
permitted by BoysofLasVegas, download content or portions of content on the Site, to a single personal
computer or other storage device. You may not otherwise copy, distribute, or perform the content of the
Site, or create derivative works using that content.
You understand and agree that the Site is provided to you on an AS IS and AS AVAILABLE basis.
BoysofLasVegas disclaims all responsibility and liability for the availability, timeliness, security or
reliability of the Site or any feature or software included in the Site. BoysofLasVegas disclaims all
responsibility or liability for the acts or omissions of third parties whose services, software,
content, or advertising may be utilized in connection or appear on the Site, and you agree that
BoysofLasVegas will not be liable for any such services, software, content, or advertising.
BoysofLasVegas reserves the right at any time to modify or discontinue, temporarily or permanently,
the Site (or any part thereof) with or without notice. The Site may be subject to interruptions, caused
by BoysofLasVegas or others. You agree that BoysofLasVegas will not be liable for any modification,
suspension, interruption or discontinuance of the Site.
Conditions on Use of the Site
BoysofLasVegas grants you permission to access and use the Site as set forth in these TOS, and in
exchange you represent, warrant and agree as follows:
- You will access and use the Site solely for your own personal use;
- You will comply with all applicable laws and regulations in using the Site and any content that
appears on the Site;
- You will not use the Site in any illegal manner or for any illegal purpose, in any other manner
that could damage, disable, overburden or impair the Site, or in any manner inconsistent with these
TOS;
- You will not employ any automated system or tool to use the Site or obtain content or
information from the Site;
- You will not defeat or interfere with any security feature of the Site, or attempt to do
so;
- You will not alter or modify any content or component of the Site; and
- You will not reproduce, duplicate, copy, sell, trade, resell or exploit, for any commercial
purpose, any content or component of the Site, or any use of or any access to the Site, without the
prior written permission of BoysofLasVegas.
Your Conduct and Use of the Site
You are responsible for your own use of this Site. You acknowledge that you are solely responsible
for any audio, video, music, text advertising, links, or other content that you post, publish, upload,
or display on the Site (collectively "User Content"), and for the consequences of posting, publishing,
uploading or displaying any User Content.
You understand and agree that any User Content you submit to BoysofLasVegas or post on the Site is
intended to and generally will be made public, and that once made public User Content cannot be made
private again. You consent to the public dissemination of all User Content you submit to BoysofLasVegas
or post using the Site.
You agree that you will not use Site to post, transmit, or share User Content that you did not
create or that you do not have permission to post. You affirm that you own or have all intellectual
property rights (including without limitation copyright and trademark rights), licenses, and
permissions to the User Content you provide that are needed to use and to authorize BoysofLasVegas to
use that User Content in the manner described in these TOS. By submitting or posting User Content, you
warrant that it does not infringe any intellectual property rights of another person.
You understand it is generally illegal to record or publish any sexually explicit video without the
consent of all participants to the recording and publication of such material. You also understand that
it may be illegal to publish any video or audio recording of another person for a commercial purpose
without their consent. By submitting or posting User Content, you warrant that every person depicted in
any sexually explicit material contained in the User Content has consented to the recording of that
material and its publication in the manner contemplated by these TOS. Merely displaying User Content on
the Site does not necessarily constitute using it for a commercial purpose. Nonetheless, by submitting
or posting User Content you also warrant that you have obtained any and all permissions, releases, and
consents necessary to record, publish and display the User Content for a commercial purpose.
You agree that you will not use the Site to post, transmit, or share child pornography. The use of
the Site to publish or transmit child pornography will not be tolerated. If identified, it will be
reported to law enforcement authorities, and will result in termination of your account. By submitting
or posting any User Content containing sexually explicit material, you warrant that you have
determined, through personal knowledge or the use of appropriate legal forms of identification, that
all persons depicted in any sexually explicit material are at least 21 years of age, and have reached
the legal age determined by the governing law of your country to participate in the recording and
publication of sexually explicit material.
You agree that you will not use the Site to post, transmit, or share User Content that is defamatory
or invasive of the privacy of another person, graphically violent, physically threatening, intended for
any illegal purpose, or otherwise illegal. By submitting or posting User Content, you warrant that it
is not defamatory or invasive of the privacy of any other person, graphically violent, physically
threatening, or otherwise illegal.
You acknowledge that BoysofLasVegas does not promise that any User Content you submit to it or post
on the Site will be maintained by BoysofLasVegas. You are solely responsible for creating backup copies
of and replacing any User Content you submit to BoysofLasVegas or post on the Site, at your own cost
and expense. You agree that BoysofLasVegas has no responsibility or liability for the deletion of, or
the failure to store or to transmit, any User Content. BoysofLasVegas retains the right to create
limits on use and storage at its sole discretion, at any time, with or without notice.
By accessing or using the Site, you acknowledge and agree that BoysofLasVegas is engaged in the
transmission, storage, retrieval, hosting, formatting or translation (or any combination thereof) of
the User Content that appears on the Site, without selection or alteration of the User Content, and
that all User Content on the Site is governed by section 230(c) of Title 47 of the United States Code
(47 U.S.C. § 230(c)) and by section 2257(h)(2)(B)(v) of Title 18 of the United States Code (18 U.S.C. §
2257(h)(2)(B)(v).)
Rights to the Content on the Site
All content and components of the Site other than User Content ("BoysofLasVegas Content"), including
without limitation, the software, text, photos, video and audio content, graphics, interactive features
and advertisements, and all trademarks, service marks and logos contained on the Site, are owned by
BoysofLasVegas, or are licensed to BoysofLasVegas subject to copyrights or other intellectual property
rights held by others. BoysofLasVegas reserves all rights to the BoysofLasVegas Content, User Content,
and any other component or content of the Site not expressly granted to you by these TOS.
BoysofLasVegas provides the materials on the Site for the personal, non-commercial use of viewers,
visitors, subscribers or potential subscribers of the Site. You are granted a personal, non-exclusive,
nontransferable license to view, on a single computer only, the content of the Site. BoysofLasVegas
reserves the right to limit the amount of materials viewed. Commercial use of any content located on
the Site is strictly prohibited. In addition, you may not: (i) modify any of the materials found on the
Site; (ii) copy, reproduce, publically display or perform, distribute, or prepare derivative works from
any of the content made available on this Site; (iii) remove, modify or alter any copyright, trademark,
or other attribution or proprietary notice from any of the materials found on the Site; or (iv)
otherwise transfer any material located in any area of this site to any other person or entity.
BoysofLasVegas reserves the right to terminate this license at any time if you breach or violate any
provision of these TOS, in which case you will be obligated to immediately destroy any materials you
have obtained from this Site.
By submitting or posting User Content using the Site, you grant to BoysofLasVegas an irrevocable,
perpetual, non-exclusive, transferable, fully paid, worldwide license to: (1) use, copy, publicly
perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute the User
Content in or through any medium now known or hereafter invented, for any purpose; (2) to prepare
derivative works using the User Content, or to incorporate it into other works, for any purpose; and
(3) to grant and authorize sublicenses of any or all of the foregoing rights.
BoysofLasVegas does not assert any ownership over your User Content; rather, as between
BoysofLasVegas and you, subject to the rights granted to us in these TOS, you retain full ownership of
all of your User Content and any intellectual property rights or other proprietary rights associated
with your User Content.
BoysofLasVegas may obtain and exercise intellectual property rights over compilations, collective
works, or derivative works that incorporate User Content you have provided. In that case, the rights
BoysofLasVegas obtains will apply only to the compilation, collective work, or derivative work; as
between BoysofLasVegas and you, subject to the rights granted to us in these TOS, you will retain full
ownership of and rights to your User Content.
When you post User Content to the Site, you also authorize BoysofLasVegas to make such copies
thereof as it deems necessary in order to facilitate the posting, maintenance, and storage of the User
Content on the Site.
Objectionable or Inappropriate Content
By its very nature, the Site may include offensive, harmful, inaccurate or otherwise offensive or
objectionable material. In some cases, the Site may include content that has been mislabeled or is
otherwise deceptive. Please use caution and common sense and exercise proper judgment when using the
Site. BoysofLasVegas does not endorse, support, represent or guarantee the truthfulness, accuracy, or
reliability of any content appearing on the Site. You acknowledge that any reliance on material
appearing on the Site will be at your own risk.
BoysofLasVegas may review any content appearing on the Site, and reserves the right to refuse to
distribute any such content, to remove any content from the Site, or to edit such content, in it sole
discretion. However, you acknowledge and agree that BoysofLasVegas is not obligated to remove any
content from the Site, unless and until it is established pursuant to the requirements of the law that
the content is illegal.
If you find content appearing on the Site that you believe is illegal or violates these TOS, you may
inform BoysofLasVegas by using our contact form. BoysofLasVegas will review your message and the
content to which you object (assuming it is still on the Site). BoysofLasVegas may remove the content
if, in BoysofLasVegas's judgment, it is illegal or otherwise inappropriate. However, please understand
that deciding whether content is inappropriate is a judgment call, and that BoysofLasVegas is not
legally responsible for content that it does not originate.
Neither is BoysofLasVegas legally responsible for keeping content that it deems inappropriate off of
the Site.
BoysofLasVegas reserves the right to access, read, preserve, and disclose any information as it
reasonably believes is necessary to do any of the following: (1) satisfy any applicable law,
regulation, legal process or legitimate governmental request; (2) enforce these TOS, including
investigation of potential violations hereof; (3) detect, prevent, or otherwise address fraud, security
or technical issues; (4) respond to user support requests; or (5) protect the rights, property or
safety of BoysofLasVegas, its users and the public. You agree that BoysofLasVegas will not be liable
for exercising or failing to exercise any of these rights.
Copyright
BoysofLasVegas respects the intellectual property rights of others. We prohibit users from
uploading, posting or otherwise transmitting materials that violate the intellectual property rights of
others. When we receive notification of alleged copyright infringement that complies with the Digital
Millenium Copyright Act (17 U.S.C. § 512, the "DMCA"), we promptly remove or disable access to the
allegedly infringing material. We also terminate the accounts of repeat infringers.
If you are a copyright owner or an agent thereof and you believe that any content on the Site
infringes your copyrights, you may submit a notice by following the directions on our DMCA Page.
Names and Trademarks
BoysofLasVegas, BoysofLasVegas.com, and other BoysofLasVegas logos and product or service names are
trademarks of BoysofLasVegas. All other trademarks appearing on the Site are trademarks of their
respective owners and our reference to them does not imply or indicate any approval or endorsement by
their owners unless such approval or endorsement is expressly made.
Sponsors, Advertisers and Third Parties
The Site may contain links to sponsor, advertiser, or other third party websites that are not owned
or controlled by BoysofLasVegas. Inclusion of, linking to, or permitting the use or installation of any
third party site, applications, software, content or advertising does not imply approval or endorsement
thereof by BoysofLasVegas. BoysofLasVegas has no control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third parties. By access or using the Site, you agree to
release BoysofLasVegas from any and all liability arising from your use of any third-party website,
content, service, or software accessed on or through the Site.
Your correspondence or dealings with, or participation in promotions of, sponsors, advertisers, or
other third parties found on or through the Site, are solely between you and such third parties. You
agree that BoysofLasVegas shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any dealings with such sponsors, third parties or advertisers, or as the
result of their presence on the Site.
Privacy
As a condition of using the Site, you agree to the terms of the most recent version
BoysofLasVegas
Privacy Policy that exists at the time of
your use. The Privacy Policy may be revised from time to time without notice to you other than
appearing on the Site. The Privacy Policy will indicate when it was last revised. It is your
responsibility to regularly check the Site and to review the Privacy Policy. Your continued use of the
Site constitutes your agreement to all revisions to the Privacy Policy.
Termination
BoysofLasVegas may, in its sole discretion, terminate your access to the Site, delete any content or
information that you have posted on the Site, and/or prohibit you from using the Site, at any time,
with or without notice, and for any reason, including but not limited to violation of these TOS.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BoysofLasVegas EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN PARTICULAR, AND WITHOUT LIMITATION, BoysofLasVegas MAKES NO WARRANTY THAT: (1) THE SITE WILL MEET
YOUR REQUIREMENTS; (2) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL
MEET YOUR EXPECTATIONS; (5) ANY ERRORS IN THE COMPONENTS OR CONTENTS OF THE SITE WILL BE CORRECTED; OR
(6) OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
No advice or information, oral or written, obtained by you from BoysofLasVegas, shall create any
warranty not expressly stated in these TOS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BoysofLasVegas SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BoysofLasVegas HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE.
IN PARTICULAR, AND WITHOUT LIMITATION, BoysofLasVegas WILL HAVE NO LIABILITY FOR DAMAGES ARISING
FROM: (1) ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING ANY CONTENT OR COMPONENT OF THE SITE, EVEN IF
IT RESULTS IN THE INADVERTENT TRANSFER OF HARMFUL COMPUTER CODE, SUCH AS VIRUSES, MALWARE, OR SPYWARE;
(2) UNAUTHORIZED ACCESS TO OR DISCLOSURE OR ALTERATION OF YOUR POSTINGS, TRANSMISSIONS OR DATA; (3)
CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (4) AS OTHERWISE PROVIDED IN THESE TOS.
UNDER NO CIRCUMSTANCES WILL RETUBE'S TOTAL LIABILITY FOR ANY AND ALL CLAIMS BY YOU ARISING OUT OF OR
RELATED TO THIS AGREEMENT OR THE USE OF THE SITE EXCEED THE GREATER OF THE AMOUNT PAID BY YOU TO
BoysofLasVegas OR $100.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS ON
LIABILITY AND DAMAGES MAY NOT APPLY TO YOU.
THE PROVISIONS OF THIS AGREEMENT THAT PROVIDE FOR LIMITATIONS OF LIABILITY, DISCLAIMERS OF
WARRANTIES, OR EXCLUSION OF DAMAGES ALLOCATE RISKS BETWEEN YOU AND BoysofLasVegas. THAT ALLOCATION IS
REFLECTED IN THE DELIVERY OF FREE CONTENT TO YOU BY BoysofLasVegas, AND IS AN ESSENTIAL ELEMENT OF THE
BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER
PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THIS AGREEMENT.
Indemnification
You agree to hold harmless and indemnify BoysofLasVegas, and its subsidiaries, affiliates, officers,
agents, and employees from and against any third-party claim arising from or in any way related to your
use of the Site, including any liability or expense arising from all claims, losses, damages (actual
and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
BoysofLasVegas will make reasonable efforts to provide you with written notice of any such claim, suit
or action, but the failure of BoysofLasVegas to provide such notice will not relieve you of these
obligations.
Severability
If any provision of these TOS is found invalid or unenforceable, that provision will be enforced to
the maximum extent permissible and the other provisions of the TOS will remain in force.
Non-Waiver
The failure of BoysofLasVegas to exercise or enforce any right or provision of the TOS shall not
constitute a waiver of such right or provision. If any provision of the TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision, and the other provisions of the
TOS remain in full force and effect.
Choice of Law
The agreement created by these TOS, and any dispute arising from or relating to these TOS or the
provision or use of the Service or the Site, will be governed by the laws of the United States and the
State of California, without giving effect to conflict of laws provisions.
Choice of Venue
Any claim, counterclaim, cause of action, lawsuit, or proceeding brought by either of the parties
against the other arising out of or related to these TOS or the provision or use of the Site will be
submitted to the state or federal courts sitting in San Francisco, California, and the parties agree
that they are and will be subject to the personal jurisdiction of those courts.
Limitation of Legal Actions
You agree that regardless of any law or regulation to the contrary, any claim, counterclaim, cause
of action, lawsuit, or proceeding arising out of or related to these TOS or the provision or use of the
Site must be filed within one (1) year after such claim or cause of action arose or be forever
barred.
Entire Agreement
These TOS, together with the BoysofLasVegas Privacy Policy and the BoysofLasVegas DMCA Page,
constitute the entire agreement between you and BoysofLasVegas and governs your use of the Site. You
may be subject to additional terms and conditions that may apply when you use or purchase certain other
services, such as affiliate services, third-party content or third-party software. In order to
determine what those obligations may be, you understand and agree that it is your responsibility to
review any and all terms and conditions of usage and privacy policies with respect to such service,
content, or software.
Contacting BoysofLasVegas
If you have any questions or concerns about the TOS or the Site, please contact us using our
Contact.
These TOS were last revised on the 12th of May 2009.
I HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE, AND I AGREE TO BE BOUND BY THEM.