Website Terms of Use and User Agreement.
Welcome to Boned™. You must be an adult over the age of 18 years (21 years in places where 18 years of age is not the age of majority) to access and use Boned™.
PLEASE READ THESE THIS AGREEMENT CAREFULLY. The following comprises a legally binding agreement between you, an individual or a corporation or other legal entity (hereinafter "You" or "User", and grammatical variations thereof), and Redspeed Holdings Ltd, a California Limited Liability Company (hereinafter variously "Us", "Company" or "Boned" and grammatical variations thereof).
By accessing or using any part of the Boned™ website, including any and all pages directly or subordinately linked to the Boned home page at
www.boned.com or other materials hosted on the Company´s servers (collectively "Website") or using any services provided at or through the Website ("Services"), You hereby expressly agree to be bound by
(1) All the terms and conditions set forth in this agreement ("Agreement"), including limitations from where You may access the Website (
"PROHIBITED AREAS");
(2) All the terms and conditions set forth in Our
Privacy Policy;
(3) All the terms and conditions set forth in Our
Publisher Terms and Conditions; and
(4) All the terms and conditions set forth in all other notices to Users of the Website and/or Services posted on the Website by the Company.
You hereby acknowledge and agree that You must first agree to all the terms of this Agreement as a condition of obtaining Our authorization for You to use the Website or any Services. This means that You may not access or use the Website or any Services unless and until You agree to, and agree to be bound by, all the terms and conditions set forth in this Agreement. This also means that if You do not fully agree to all the terms of this Agreement You are expressly NOT AUTHORIZED to further access Our Website or the servers operating the Website or the data contained on those servers, for any reason, including, without limitation, to obtain or use digital copies of photographs, video, text, graphics, code or software (collectively and individually referred to hereinafter as "Content") available at or through the Website and or Services We may provide. Therefore, if You do not agree to the terms of this Agreement Your accessing of any Content on, or visible through, the Website, including that which is hosted on Our servers will comprise unauthorized access of our computers and databases in violation of law (See Paragraph 6 below). You also agree that any unauthorized accessing of the Website and/or Content by You will also comprise a breach of this contract, trespass to chattels, and potential violation of Our privacy rights, intellectual property rights and other rights.
If You are acting on behalf of a business, You represent and warrant that You have the authority to bind that business and its acceptance of this Agreement in full and will personally indemnify the Company for any breach of this warranty.
PLEASE NOTE IF YOU WISH TO UPLOAD ANY CONTENT TO THE WEBSITE, YOU MUST ALSO READ AND AGREE TO OUR
PUBLISHER TERMS AND CONDITIONS.
YOU HEREBY ACKNOWLEDGE THAT ANY OF THE FOLLOWING ACTS BY YOU SHALL EXPRESSLY SIGNIFY THAT YOU AGREE TO ALL THE TERMS, CONDITIONS AND OTHER PROVISIONS, SET FORTH IN THIS AGREEMENT:
(1) DOWNLOADING OF ANY CONTENT FROM THE WEBSITE BY YOU OR AT YOUR DIRECTION;
(2) UPLOADING OF ANY CONTENT TO THE WEBSITE BY YOU OR AT YOUR DIRECTION; OR
(3) ANY OTHER USE OF SERVICES PROVIDED AT OR THROUGH THE WEBSITE BY YOU.
1. Parties To This Agreement And Consideration
The parties to this Agreement are You and Redspeed Holdings Ltd. By Your further accessing the Website or Content or Services available at or in association with the Website, and for other good and valuable consideration, the sufficiency of which is acknowledged by You and the Company, You hereby agree to be bound by all the terms and conditions set forth in this Agreement.
2. Acknowledgement Of Sexual Content And Potentially Offensive Materials.
You hereby acknowledge that the Content made available at, in, though and in association with Website may include explicit visual, audio, and/or textual depictions of nudity and sexual activities, that You are not offended by such materials, and that by agreeing to these terms and conditions You are warranting to the Company, and to providers of the Content ("Website Content Providers"), that You are intentionally and knowingly seeking access to such explicit sexual materials for Your own personal viewing for entertainment and educational purposes only. You further acknowledge that Your access to, and use of, the Website and/or Services may expose You and other Users to inaccurate, offensive, indecent, or objectionable materials. You hereby agree to waive, and hereby do waive, any legal and equitable rights and remedies You have or may have against the Company and other Users with respect thereto and agree to defend, indemnify and hold harmless the Company, its officers, members, employees, and agents, and the Company´ licensors, and their respective officers, directors, employees and agents to the fullest extent allowed by law regarding all matters related to Your use of the Website and the Services. You expressly acknowledge that most, if not all, of the Website Content Providers providing Content to the Website are Users and other third-parties, and that Company may from time-to-time provide some Content to the Website.
3. Age-Restricted Materials And Age Restricted Access.
No persons under the age of 18 years (21 years in places where eighteen 18 years is not the age of majority) may directly or indirectly view, possess or otherwise use any of the contents of the Website, access Company computers to obtain copies of the Content provided by Website Content Providers or place any orders for any goods or Services advertised in, at, through or in linked association with, the Website.
4. Agreement Not To Access Content Or The Website From Prohibited Areas.
As a material condition to the granting of the license to You to use the Website set forth in Paragraph 7 below, You agree and warrant that You shall at no time access, or otherwise use, or cause or enable others to access or otherwise use the Website or any parts thereof in geographic locations that are identified by the Company as "
PROHIBITED AREAS" from which the Company refuses to grant authorized access to its servers and databases. All of the following areas constitute such "PROHIBITED AREAS" from which the Website may not be accessed by You:
4.1 Prohibited Access Areas In The United States. 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:
150-179, 182-188, 193, 195, 196, 226-229, 238-268, 270-299, 304-310, 312-329, 335-339, 341, 342, 344, 346, 347, 349-352, 354-374, 376-397, 403-418, 420-427, 430-459, 467-479, 572-577, 609-620, 622-629, 634-639, 644-648, 650-658, 664-679, 686-693, 703-708, 710-714, 716-731, 734-741, 743-751, 754-769, 771, 772, 776-785, 788-799, 840, 841, 843-847
from which You are not authorized to access or use Website or web site materials.
4.2 Other Prohibited Access Areas.
4.2.1 All parts of the following countries: Afghanistan, Algeria, Chad, Germany, Kuwait, Indonesia, Iran, Iraq, Jordan, Lebanon, Libya, Micronesia, Morocco, North Korea, Pakistan, The Sudan, The Republic of China, Singapore, Saudi Arabia, Somalia, Syria, The United Arab Emirates, Yemen, all areas subject to Sharia law Islamic law based on the Koran) Islamic law; and
4.2.2 All locations within the territories of every political entity in which accessing, viewing, downloading, dissemination of, or other use of the sexual materials depicted on or available through the Website, such as Content provided by the Company or by Company-Third-Party Content Providers, is prohibited by law or would otherwise constitute a violation of any regulation, rule or custom.
5. Affirmation That You Are An Adult And You Are Not In A Prohibited Area.
YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF 18 YEARS (21 YEARS IN PLACES WHERE 18 YEARS IS NOT THE AGE OF MAJORITY), YOU ARE NOT LOCATED IN A
PROHIBITED AREA AND YOU WILL NOT ACCESS THE WEBSITE FROM ANY
PROHIBITED AREA.
6. Consequences Of Fraudulent Age Or Location Representation.
You hereby acknowledge that You understand, and that You hereby agree, that any access to the age-restricted parts of the Website by a minor or by any person located in a
PROHIBITED AREA constitutes the unauthorized accessing of the Company´s computers and databases in excess of the authorization granted by the Company, and that such unauthorized access violates state, federal and foreign laws, including, without limitation, The Electronic Communications Privacy Act, 18 U.S.C. §§ 2701-2710, The Computer Fraud and Abuse Act, 18 U.S.C. § 1030 and The California Comprehensive Computer Data Access and Fraud Act, Cal. Penal Code §502 and such unauthorized access would also constitute trespass to chattels and Your breach of this Agreement. You further acknowledge that You understand that any such unauthorized access of the Website on the Company´s computers could subject You to potential criminal prosecution and substantial civil liability.
7. Grant Of Limited License.
In consideration of Your acknowledgements, representations, warranties and promises set forth in this Agreement, including Your affirmation that You are an adult not currently located in a
PROHIBITED AREA, and Your promise that You will not access the Website from a
PROHIBITED AREA, the Company hereby grants You a limited and revocable single user license to access its computer servers to use the Website for Your private and non-commercial entertainment and educational use and enjoyment only.
8. Termination of Your License To Use Website.
You acknowledge and agree that We may, in our sole discretion, terminate or suspend Your access to all or part of the Website or any Service provided at or in association with the Website at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement or any other agreement with the Company. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your access to all or part of the Website or access to Services at Our sole discretion. You hereby acknowledge and agree that any activity by or in association with You that the Company considers to be potentially illegal may be referred to appropriate law enforcement agencies and that You shall not bring any claim of any kind against the Company for doing so.
9. Important Access And Use Restrictions.
9.1 Use In Accordance With Company Terms.
You acknowledge and agree that You may access, view, download, receive materials available at, in or through the Website, and that You may only upload materials to the Website or Our servers, only in accordance with the terms, conditions and other restrictions set forth in this Agreement, the
Publisher Terms and Conditions, and such other terms, conditions and restrictions that are set forth on the Website or otherwise associated with the Content or Services.
9.2 Use Subject To Revision Or Modification Of This Agreement. You also agree that Your use of the Website shall at all times be subject to all revisions and modifications of this Agreement posted on the Website and that it shall be Your sole obligation to check for modifications and revisions to this Agreement.
9.3 No Unlawful Or Infringing Use Of The Website Or Services Provided By The Company. You agree that You will not use the Website, any Content or any Services provided by the Company in any manner that violates any law or regulation or infringes or violates any right, including, without limitation, any intellectual property or other property right, or any privacy right of any person or entity. Without limiting the forgoing, You agree that all of the following are prohibited uses of the Website, Content and Services:
9.3.1 You shall not re-publish or provide any parts of the Website or any Content to any other person, by any means, including, without limitation, by email, phone messaging or publication via any web page, including any personal web page You may own or be affiliated with, including any MySpace® page, regardless of whether any of the aforementioned uses are commercial or non-commercial. You acknowledge that any and all unauthorized uses of the Website or Content associated with the Website may constitute copyright infringement that could subject You to serious potential liability.
9.3.2 You shall not use the Website, any Content or any Service provided by the Company in any manner that infringes any copyright, trademark, trade secret, misappropriates any person´s rights in their name, likeness, voice or other rights of publicity.
9.3.5 You agree not to misrepresent the ownership, source or character of any Content, including, without limitation, any Content You upload to the Website or otherwise provide to Company for publication on, in or in association with the Website.
9.3.4 You agree not to use any false or deceptive trade practices, unauthorized or unsolicited advertising, or any unpermissioned transmission of e-mail in association with Your use of the Website or Services. You further agree not to use the Website or any Service provided by the Company in any manner to harvest or collect information from the Company or any other Users.
9.3.5 You agree You will not access, otherwise use or attempt to access or otherwise use the Website, any Content or any Services provided by the Company in any manner that bypasses any restrictive measures the Company implements to prevent or restrict access to the Website, Content, Services or any parts thereof.
9.3.6 You agree not to engage in any activity or any use of the Website, Content or Services provided by the Company, that interferes, in any manner, with the functioning of the Website or any Service provided by the Company or that places, or results in, an unreasonable or disproportionately large load being placed on the Company´s servers or other resources. You also agree not to engage in any activity that interferes with any other User´s use or enjoyment of the Website, any Content, or any Services provided by the Company on, in, at or through the Website.
9.3.7 You agree not to remove or attempt to remove any notices or labels associated with the Website or any Content in, at, on, or associated with, the Website or Services provided by the Company.
9.3.8 You agree not to use any automated means to access any part of the Website or Service or any Content in a manner that sends more server request messages to any Company server(s) than a human User would normally be capable of sending in the same period by using a conventional web browser functioning on a conventional consumer computer.
9.3.9 You agree that You will not frame or otherwise publicly display, perform or distribute the Website, or any parts thereof, without prior written authorization by Company. You further warrant that You will not create any hyperlinks to any password-protected parts of the Website or any Content in, on or otherwise associated with the Website unless authorized by the Company to do so.
9.3.10 You acknowledged and agree that You may only use the Website and Services as intended by the Company and that all other uses by You, directly or indirectly, are strictly prohibited.
9.4 Use On One Computer At A Time; No Commercial Use. You may access and use the Website only on one computer at a time for Your own personal noncommercial educational and entertainment use and enjoyment. You may not use the Content provided by third-party Website Content Providers for any commercial purpose whatsoever.
9.5 Uploading Content Or Other Materials To The Website.
9.5.1 You shall, at all times, be solely responsible for any and all digitized materials and files You upload to the Website or Our servers or otherwise make available to other Users of the Website or Services ("Your Content").
9.5.2 You agree and warrant that all of Your Content, including, without limitation, all digitized photographs, videos, audiovisual materials, text and other digital files that You upload or otherwise publish in, on, at, through, or in association with, the Website or any Service provided by the Company shall at all times be fully compliant with this Agreement, the
Publisher Terms and Conditions, and all other relevant instructions and notices published by the Company relating thereto, and, further, You agree and warrant that all actions You take to upload or otherwise publish Your Content shall also comply with this Agreement and all of the other aforementioned documents.
9.5.3 You agree and warrant that all of Your Content uploaded to or otherwise published on or in association with the Website or Services shall be fully compliant with all laws and regulations, including, without limitation, 18 U.S.C. §2257 and §2257A, and 28 CFR 75 ("The 2257 Regulations"). You expressly agree that each item of Your Content provided to the Company that is subject to 18 U.S.C. §2257 or 18 U.S.C. §2257A shall have a proper and accurate compliance statement associated with the item uploaded to the Website or otherwise transmitted to the Company as required by The 2257 Regulations and that You shall simultaneously provide to the Company a copy of proper identification documents and other information associated with the item that is required by the record-keeping provisions of The 2257 Regulations. You further expressly warrant that all persons depicted in Your Content were over the age of 18 years at the time the subject materials were created.
9.5.4 You agree that all of Your Content provided for publication via the Website shall not violate any person´s or entity´s rights, including any copyrights, trademark rights, rights associated with any person´s name, likeness, voice or persona, any trade secret rights, patent rights or any other intellectual property rights or privacy rights if Your Content is published in, on, at, through, or otherwise associated with the Website, or otherwise used as contemplated by this Agreement. You expressly agree that You will not upload any of Your Content that includes any trademarks or brands unless You have written permission to publish Your Content with such trademarks and brands included from the owners of rights in such trademarks and brands.
9.5.5 You expressly represent and warrant that You own or You have all the necessary licenses, rights, consents, and permissions to upload Your Content to, and publish Your Content on, the Website, including, without limitation, all necessary copyrights, trademark rights, rights of name, likeness and publicity, and all other proprietary rights in and to Your Content required to lawfully and rightfully upload Your Content to, and publish Your Content in, on, at, though, or associate it with, the Website in any manner made available to You via the Website by the Company contemplated by this Agreement. You further expressly warrant that You will have all the necessary rights to grant the licenses set forth in subparagraphs 9.5.7 and 9.5.8 below
9.5.6 You shall be solely responsible for all the consequences of, and solely liable for, any and all uploading of Your Content to and the publishing of Your Content on, the Website and You agree to fully indemnify the Company, its officers, directors, shareholders and agents for each breach of warranty regarding Your Content and the reproduction, publication and other use of Your Content on, or in association with, the Website.
9.5.7 By uploading Your Content to the Website or by otherwise providing Your Content to the Company for publication on, in, at, via, or in association with, the Website, You hereby agree that by doing so You shall simultaneously be providing a grant right of rights to the Company and its successors in the form of an irrevocable and perpetual worldwide, non-exclusive, royalty-free, sublicensable and transferable license for the Company to reproduce, distribute, display, publish, perform and transmit Your Content on, in, at, through or in association with, the Website, by any means and in any format now known or hereinafter invented. Such license shall include the right to format Your Content for use via the Website. You hereby waive any and rights of attribution and all other moral rights in and to Your Content that You upload to the Website or otherwise submit or provide to the Company for publication on, in, at, through or otherwise in association with the Website.
9.5.8 By uploading Your Content to the Website or by otherwise providing Your Content to the Company for publication on, in, at, via, or in association with, the Website, You hereby agree that by doing so You shall simultaneously be providing a grant of rights to each User of the Website and to each recipient of Services in the form of a non-exclusive irrevocable and perpetual worldwide license to access and use Your Content in, at, on, through and in association with, the Website, and via any and all Services provided to Users by the Company.
9.5.9 You agree not to upload to the Website or otherwise provide to the Company or any Users any of Your Content or other materials of any kind that contains any malicious or damaging code or software, any viruses or any other devices that are designed or intended to disrupt, damage, limit or interfere with the proper functioning of any software, hardware, or telecommunications equipment or to obtain unauthorized access to any computer, server, digital storage device, or database owned or controlled by the Company, any User, or any other party.
9.5.10 You agree not to directly or indirectly engage in any activity in association with Your use of the Website or Services provided by the Company that impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any false affiliation with the Company or any employee or agent of the Company.
9.5.11 You agree not to use the Website, any Content or any Service provided by the Company to advertise, promote, market or make or publish any offer to buy or sell, or otherwise engage in any transaction relating to any controlled substances, illegal products or prohibited activities, including, without limitation, any pharmaceutical products, tobacco products, alcoholic products, firearms, explosives, weapons, online gambling, prostitution, counterfeit or stolen articles, registered or unregistered securities or any other products or activities that could cause the Company or any User to directly or indirectly be implicated in the violation of any law or regulation.
9.5.12 You expressly acknowledge and agree that the Company shall, at no time, have any obligation to monitor any Content that has been uploaded to the Website or otherwise provided to the Company for publication on, in, at or in association with, the Website or Services, including, without limitation, Your Content. Notwithstanding the foregoing, the Company and its agents shall at all times reserve the right to remove or block any Content, including, without limitation, Your Content, without notice to You or to any other person. You hereby expressly promise and warrant that You shall not bring any claim of any kind against the Company or any of its agents for, or arising from, the blocking of access to any Content, including, without limitation, Your Content, or any removal from the Website thereof.
10. Service Marks (Trademarks).
Boned™ is a Service mark of Redspeed Holdings Ltd. No use of the mark or any other trademarks identified on the Website as owned by Redspeed Holdings Ltd, by You or any other User is authorized or shall be permitted except through express prior written authorization and permission of Company. All rights reserved.
11.Indemnification For Unauthorized Use Of Content, Website Or Other Proprietary Materials.
You agree to be personally liable for any breach of this Agreement, including any breach of warranty made by You. You also agree to fully indemnify the Company and the Company´s directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any and all breaches of this Agreement by You, including, without limitation, any damages resulting from any attempted or actual unauthorized accessing, uploading, downloading, viewing, copying or distribution of the Website, in whole or in part, 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 such unauthorized activities, including, without limitation, attorney´s fees and all litigation and criminal defense costs.
12. You May Not Transfer Or Assign Your Access Rights Or Other Privileges; Passwords.
You shall not, under any circumstances, have the right to transfer or assign Your license to use the Website or any license(s) to use any Content You might obtain in, at, through or in association with, the Website, and You acknowledge that any attempted transfer or assignment of any such rights shall be void from the beginning. Any passwords that are issued for use at or in association with the Website or any Content provided by a Website Content Provider or affiliate are for Your individual use only. You will be responsible for the security of Your password(s). You must keep password(s) issued by the Company and/or Website affiliates strictly confidential, and You hereby agree to do so. If You use a password that the Company considers to be insecure, the Company shall be entitled to require the password to be changed and/or terminate Your authorized access to password protected areas. Any sharing of passwords or any other methods of unauthorized access to the Website with any other person is strictly forbidden. You agree that if You become involved in any violation of system security or if the Company or any Website affiliates reasonably so believes, the Company and all Website affiliates shall independently have the right to release details regarding such incidents and Your personal information to governmental agencies and system administrators at other sites in order to assist them in resolving security incidents, and to do so without any incurring any liability to You whatsoever.
13. Code Of Conduct.
You agree, warrant and covenant to use the Website in accordance with the following Code of Conduct and that we may terminate Your right to use or access the Website and/or Content for violating any of these provisions:
13.1 You shall not use the Website, any Content or any Service provided by the Company to engage in any form of illegal conduct, harassment or offensive behavior, including but not limited to the posting or uploading of communications or any text, graphics, video, audio or audiovisual content to the Website that comprises or contains libelous, slanderous, abusive or defamatory statements, or racist, obscene or offensive language.
13.2 You shall not use the Website, Content or any Service provided by the Company to threaten any person, promotes hate, incite violence or support terrorists or terrorism in any manner.
13.3 You shall not use the Website to infringe the privacy rights, property rights, including intellectual property rights, or any other rights of any person or entity, including, without limitation, the Company´s rights, any Content provider´s rights or any other User´s rights.
13.4 You will not upload any Content to the Website or download or access any Content available at or in association with the Website that does not comply with the community standards of the community from which You desire to upload Content and to which You desire to have such content delivered or transmitted.
14. Authorization And Permission To Communicate With You.
Please read our
PRIVACY POLICY. You hereby authorize, permit and request notices, advertisements, e-mail and other communications to be sent to You from the Company, Our marketing affiliates, and/or Our´s and their authorized agents, assigns, representatives, successors, affiliates and contractors. You acknowledge and agree that such communications may include any type of matter, including, without limitation, communications containing explicit nudity, explicit sexual depictions, sexual language and explicit sexual situations, including those involving heterosexuality, homosexuality and transsexuality. You agree that the Company shall not be under any obligation or restriction regarding the sale of Your email information to any third parties for any purpose. Moreover, You agree that Your request, authorization and permission to the Company send You such materials and communications herein shall continue to be in effect unless and until You notify the Company that You wish to be deleted from the Company´s email list, in which case, You acknowledge and agree that the Company shall be obligated only to delete You from its email list and not the email list(s) of any third parties regardless of how such parties obtained Your email information through the Company. You acknowledge and agree that You will need to contact such third parties to be deleted from their email list(s). If You do not wish to receive advertising email from Company
CLICK HERE.
14.1 Opt-out and Cancellation Provisions. At any time, You may opt out
of future e-mailings and cancel Your receipt of e-mails from the Company by clicking the unsubscribe link at the bottom of the e-mail advertisement sent to You by the Company or by sending an e-mail cancellation request to
support@boned.com.
14.2 Acknowledgment of Privacy Policy. You hereby acknowledge the
Company´s
Privacy Policy and waive any claims against the Company that arise out of in relation to any matter relating thereto.
14.3 No Actions Resulting From Registration In "No Contact" Registries. You hereby agree that You will not bring any action against Company, any Website Content Providers, or any of the Website´s affiliates or any of any of the aforementioned parties´ principals, employees or agents as a direct or indirect consequence of Your registration of an email address, mailing address, telephone number or other contact point with any governmental "do not email" registry with respect to any such contact point You have provided to the Company and/or one or more Website Content Providers after indicating that You have given the Company and/or such Website Content Providers permission to send You email, e.g., as You have done so in this Agreement above. You agree to indemnify the Company and Website Content Providers, the Website´s affiliates and all their agents for any and all expenses and damages that result from any and all breaches of this subparagraph 14.3 and for any actions against Company, Website Affiliates, and/or any Website Content Providers that result from the Company and/or one or more Website Content Providers or affiliates sending You email that You have requested or authorized the Company, its affiliates and/or one or more Website Content Providers or affiliates to send You.
15. Use Of The Website To Communicate With Other Users, Website Affiliates Or Website Content Providers.
The Company does not endorse, encourage, recommend or arrange personal or social communications or meetings among users of the Website or between a user and any individual Website affiliate or a user and any Website Content Provider. You are expected to use common sense and take appropriate measures and precautions to insure Your own personal safety and privacy in the event that You choose to communicate with, or meet with any person with whom You have communicated through the use of any public areas or chat areas of the Website, if any, or through materials provided by the Company, a Website affiliate or any Website Content Provider. You acknowledge and agree that Company shall not be held responsible in any way for the outcome of any contact or meeting, whether in person, by telephone or any other means, resulting from advertisements placed or responded to, or messages or communications sent or received by other Website users, Website affiliate, any Website Content Provider, or through any use, directly or indirectly, of the Website. You further acknowledge and agree that the Company does not screen any communications between Website affiliates or Content Providers and Website users and the Company has no control over such communications and makes no representations or warranties with respect to the character, veracity, age, health or any other attribute of any Website Content Providers, any affiliate or any other users of the Website, including any person who places any advertisements, profiles or notices on or in association with the Website.
15.1 The Company may in its discretion provide a service that enables authorized Users to communicate with or otherwise share information with other Users or persons who offer to provide a service to Users, such as Website Content Providers or to post information at, in or on the Website. If the Company provides such service and if You make use of the service, You agree that You will not post, submit, publish, display, disseminate, or otherwise communicate any defamatory, libelous, inaccurate, abusive, threatening, offensive, fraudulent, obscene, lewd, excessively violent, harassing or otherwise objectionable 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. You acknowledge that 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 by the Company and You further agree that any transmission of such material by You shall constitute a material breach of this Agreement entitling Company, without notice and without any liability for damages or reimbursement to You, to immediately terminate Your rights to access to the Website.
15.2 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 information 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.
15.3 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 users of the Website who are authorized to access the Website 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 the Website can be read by the operators and/or other agents of Company whether or not they are the intended recipient(s).
15.4 Although we do not assume the duty or obligation to monitor any messages or other materials posted or uploaded to the Website by third parties, including You, we reserve the right but not the obligation, in our sole and absolute discretion, to monitor any and all materials posted or uploaded to the Website by third parties, including You, at any time without prior notice to ensure that they conform to any content guidelines or policies of the Website which may be applicable from time to time.
15.5 Although we do not assume the duty or obligation to monitor any messages, advertisements or other materials posted or uploaded to the Website by third parties, including You, and are not responsible for any content of these materials, we reserve the right, in our sole and absolute discretion, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements and public postings, without notice, that we, in our sole discretion, deem to violate the Code of Conduct of the Website or any applicable content guidelines adopted from time to time by the Website, or to be otherwise unacceptable.
15.6 You acknowledge and agree that You shall remain solely responsible for the content of messages and other materials You may upload to the Website, to Website Content Providers or affiliates, or to other Users of the Website. You further acknowledge and agree that You shall remain solely responsible for any information You send, display, or receive through the Website even if a claim should arise relating thereto after termination of service.
15.7 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 or public areas which may be provided on the Website shall be deemed to be readily accessible to the general public and consequently should not be considered private, confidential or proprietary. Consequently, You should not use the Website for any communication which You intend only You and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Website can and may be read by the operators of the Website, whether or not they are the intended recipient(s).
16. Disclaimer And Limitation Of Liability Regarding Website Content Providers, Company Affiliates, Other Website Users And Other Third Parties.
16.1 You acknowledge and agree that Company shall not be held responsible or liable for the quality, legality, or any other matter regarding Content that is made available to You on or in association with the Website by any Users or other Website Content Providers, the Company´s affiliates or any other third parties.
16.2 You further acknowledge that You understand that we do not guarantee or vouch for the accuracy or truthfulness of any messages, communication, information or content of any kind which has been posted, uploaded or provided by other users of the Website, including without limitation any and all advertisers, and that consequently You release the Company from any and all liability and responsibility in connection verifying, the accuracy of any such messages, communication, information or content of any kind provided by other Users of the Website.
16.3 You acknowledge and understand that we do not screen, endorse, monitor, control, investigate, supervise or verify any Content uploaded by any Users, any advertisements or communications submitted to the Website by Website Content Providers, affiliates or other third-party licensees, advertisers, or users of the website for electronic dissemination through the Website. You are therefore cautioned and advised to use Your 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 responding to any communication at the Website.
16.4 Boned™ may provide links on the Website to third-party websites. Unless otherwise stated, the Company does not monitor, endorse, control or assume any duty or responsibility for, any third-party websites that are or may become linked to the Website or any web page under the control of the Company.
16.5 Some of the materials that You might access via hyperlinks at the Website will connect You to third-parties, or to third-party Websites that may provide content to the Website via hyperlinks. We have no editorial control or supervision over selection or display of such content provided by those third parties or those third-party Websites and those parties are solely responsible and liable for all such content.
16.6 You acknowledge that You understand that we cannot ensure nor do we make any representations or warranties regarding the security or privacy of information that You voluntarily provide to the Company, Website Content Providers, affiliates or any other website users and that You release the Company and its directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns from any and all liability and responsibility in connection with the use of such information.
16.7 You hereby release Company and its directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns from any and all liability and responsibility in connection with the Content and all other information, messages, communication or other materials You may receive from the Company, Website affiliates or Website Content Providers.
17 No Representation, Guarantee Or Warranty That Website Or Content Associated Therewith Is Free Of Harmful Or Malicious Code.
You understand that neither Company nor any of its affiliates represent, guarantee or warrant that either the Website or any Content or any other files You may access at, in or through, or download from the Website, any Website linked to Website or any affiliated website will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties ("Harmful Code"). You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, protection of Your computer(s) and for maintaining a means of reconstructing data that You might lose because of Harmful Code. Neither the Company nor its affiliates assume any responsibility or risk associated with the possibility of damage to Your computer(s) or any other devices through Your use of the Website or any Content or other materials You may obtain in association therewith.
18 Disclaimers; No Warranties; Your Use Of This Site Is At Your Own Risk.
You hereby agree that the use of the all materials, features, functions and all other goods and services provided to You by the Company, and the use of any and all Content provided by Website Content Providers and affiliates are provided to You on an "as is" basis, without warranties of any kind, including, without limitation, warranties regarding the availability, accuracy, or content of materials, information, product or services, or warranties of merchantability, fitness for a particular purpose, title or non-infringement, and Company and Website Content Providers and affiliates expressly disclaim all such warranties. Neither the Company, Website affiliates nor any Website Content Providers warrant that the functions of the Website or Content provided by any of the aforementioned parties nor does the Company warrant that any other materials available in, at, through or in association with, the Website will be uninterrupted or error-free, or that any discovered defects will be corrected. Under no circumstances and under no cause of action or legal theory, shall Company, Website affiliates, Website Content Providers or any of the Company´s suppliers, licensees, resellers, affiliates or their suppliers, licensees or resellers 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 viruses, worms, Trojan Horses or other destructive software or materials, or communications by You or other users of the Website, or from any use of Content or any use of the Website whatsoever. This disclaimer of warranty constitutes an essential part of this Agreement. Some states do not allow exclusions of an implied warranty, so if for any reasons the choice of law provisions of this Agreement are deemed not to apply to this Paragraph, this disclaimer may not apply to You and You may have other legal rights that vary from state to state or by jurisdiction.
19 Limit Of Company´s, Website Content Providers´ and Website Affiliates´ Liability.
Notwithstanding the limitations of liability above, You also agree that as a material condition to Your obtaining the license to use the Website and Company Services as set forth herein, and to access Content made available to You by Website Content Providers and/or affiliates, You agree that any and all liability that might be attributable to the Company, Website Content Providers or Website affiliates, or to any of their directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns that directly or indirectly results from Your use of the Website and/or Website Content Providers´ or affiliates´ Content, 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, negligence or under any other cause or action, shall be strictly limited to the lesser amount of (1) the license fee paid by You for accessing any fee-based Services provided by the Company or (2) fifty dollars ($50.00). Some states do not allow the limitation or exclusion of liability for incidental or consequential damages. Regardless of whether such limitation or other limitation of the scope of this limitation of liability or other limitation of liability set forth in this Agreement should apply to You, You acknowledge and agree that it is the express intent of the parties hereto that the limitations of liability set forth in this paragraph and elsewhere in this Agreement shall be construed to be as broad as is permissible under applicable law.
20 Waiver of Section 1542.
With respect to the releases of liability set forth in this Agreement, You hereby acknowledge that You have been advised by Your independent counsel or You otherwise understand the consequences of entering into the general release and discharge of all known and unknown Claims as set forth in this Agreement, and that You are familiar with the provisions of Section 1542 of the California Code, which currently provides that:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
You hereby expressly waive any and all rights under Section 1542 and under any other federal or state statutes or laws of similar effect. Notwithstanding the foregoing, however, nothing herein shall be construed or operate to limit any obligation, duty, warranty or other responsibility set forth in this Agreement, in any way.
21 Cooperation With Law Enforcement.
The Company, Website affiliates and all Website Content Providers independently reserve the right to fully cooperate with any and all law enforcement authorities and court orders requesting or directing Company, Website Affiliates and/or Website Content Providers to disclose the identity or other information regarding any person who is using or has used the Website or has obtained any Content available through or in association with Website. By accepting this Agreement and using the Website, You waive and hold harmless Company, Website affiliates, Website Content Providers and the operators of Website from any and all claims resulting from any and all actions taken by any of the foregoing during, or as a result of any law enforcement authority´s investigations.
22 Notices To Company Or User Notices from the Website to authorized Users may be given by means of electronic messages or by general posting on the Website. Communications from You to the Company may be made by electronic messages or conventional mail, unless otherwise specified in the Agreement. All questions, complaints, and notices to Company by means of electronic mail must be sent to Customer Service at
support@boned.com.
23 Intellectual Property Policy And Alleged Copyright Infringement Notification Procedure.
It is the policy of Boned™ to respect and support the intellectual property rights of Content providers. Please review our
Copyright Policy,
Infringement Notification,
Take Down and Restoration Procedures which is incorporated herein by reference.
24 Entire Agreement.
This Agreement in association with any and all agreement(s) You may have or enter into in future with Company, Website Content Providers and/or Website affiliates regarding Content provided to You at, in or through the Website, or in association with services provided by the Company, contains the entire agreement between You and the Company regarding Your access to, and use of, the Website, Content, and all other materials and services available in, at, through or in association with, the Website, and all features and functionality directly and indirectly related to the Website. This Agreement supersedes all prior written and oral understandings, writings and representations, including those, if any, made by any third party or other person. This Agreement may be amended at any time by the Company by updating the online version of this Agreement on the Boned™ Website.
25 Dispute Resolutions; Choice Of Law; Arbitration; Venue And Jurisdiction.
You agree that this Agreement and all disputes or controversies of any kind arising under, or related to the materials, services, features or functions available in, at, through or in association with, or in any way relating to, the Website, any Content or services provided by any Website Content Providers or affiliates and/or this Agreement, shall all 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.
25.1 Choice of Law. You further agree that notwithstanding any judicially or statutorily
created choice of law rule that would otherwise require the application of the law of some other
jurisdiction, all provisions of this Agreement and all matters or controversies of any kind arising
out of, or related to this Agreement or the rights or liabilities of the parties hereto shall be
governed solely by the substantive statutory and common law of the state of California.
25.2 Arbitration. Any and all disputes or controversies of any kind, including
but not limited to any performance, duty, obligation or liability arising under or related to this Agreement which are not first resolved informally, shall be determined by confidential 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. Notwithstanding the foregoing, any and all disputes, which the parties cannot informally resolve, regarding the scope of issues or matter within the jurisdiction of the arbitrator, shall be resolved by a separate dispute resolution process whereby the Company in the Company´s sole discretion shall elect the dispute to be resolved by either (1) a municipal or superior court of competent jurisdiction in Los Angeles, California or (2) a panel of three (3) new arbitrators. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorneys fees, expenses and costs incurred in connection with the litigation.
25.3 Venue. You and the Company hereby agree that the venue for all legal disputes, controversies, actions of any kind arising under or related to this Agreement shall be Los Angeles, California.
25.4 Jurisdiction. You and Company agree that in case of any litigation regarding
this Agreement, the venue for such litigation shall be, depending on the subject matter of the dispute, either the Municipal Court of Los Angeles, California, the Superior Court of the County of Los Angeles or the United States District Court for the Central District of California, Western Division. You hereby consent and stipulate to the jurisdiction of the Courts of the State of California and the United States District Court, Central District of California, Western Division.
25.5 Time Limitation. You and We expressly agree that any cause of action arising out of or related to the website, any Content available on, at or in association with the Website, any Service provided by the Company or any other matter arising under this Agreement, the Publisher Terms and Conditions, Our Privacy Policy or any other terms and conditions to which the Company and You are parties must commence within one (1) year after the cause of action accrues.
26. Unenforceability Of Provisions.
You and Company agree that 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 and all other portions of this Agreement shall remain in full force and effect (i.e., if any part of this Agreement is unlawful, void or otherwise unenforceable, only that part will be deemed severable and, such severance will not affect the validity and enforceability of any and all the remaining provisions).
27. Non-Waiver.
You acknowledge and agree that the failure of the Company or any the Website Content Providers or affiliates, or any of either´s assignees or successors, to enforce any of the specific provisions of this Agreement shall not comprise a waiver of, or preclude or prevent any later, further or other enforcement of such provision(s), or any other provision(s), or waive, preclude, prevent or diminish the exercise of any other right hereunder.
28. Affirmation Of Agreement; Acknowledge You Have Read This Entire Agreement.
By clicking on a link intended to signify Your agreement to this Agreement, for example, by clicking the acceptance button, by continuing to access the Website and/or any service or other functionality available in, on, at or through the Website available at, in or through the Website, or by obtaining Content from any Website Content Providers, You agree that You are acknowledging and affirming that You have read this entire Agreement and that You agree to all its terms, conditions, warranties and other provisions. You further agree that Your acknowledgment and agreement to the entirety of this Agreement is reaffirmed by any use of Your credit card for payment of charges for any fee-based Services provided by the Company and each time You access any restricted part of the Website.
29. No Authorization To Access Or Otherwise Acquire Content Or Use The Website Or Services Provided By The Company Without Full Agreement.
You acknowledge and agree that unless You expressly agree with all the terms of this Agreement, You will not be authorized to access the Company´s or the Company´s agent´s computers or servers to download or otherwise use the Website, to acquire access to the "adults only" portions of the Website, to use any Services offered or otherwise provided by or through the Website or to acquire any kind of Content from the Website, any Website affiliates or any Website Content Providers.
30. Foreign Use and Export.
Access to the Website and all Services Provided by the Company is controlled and offered by the Company from the United States of America. The Company makes no representations that either the Website, the Content or any Services provided by the Company are available or appropriate for use in any other locations. You acknowledge and agree that all access to the Website and/or Content, and all use of Services provided by the Company by persons outside the United States is at such persons´ their own volition and such persons are fully and exclusively responsible for compliance with all local laws relating to the Website, the Content, Services provided by the Company and Your use of any or all of the preceding.
31. Mutually Drafted; Negotiation Option; Paragraph Headings.
For purposes of construction and interpretation of this Agreement, both You and the Company shall be deemed to have mutually drafted this Agreement and all parts thereof. If You would like to negotiate other terms or otherwise modify this Agreement before providing Your assent and agreement, please contact the Company at
support@boned.com. You hereby acknowledge and agree that this is not a contract of adhesion and that as a material inducement for Company to provide a license to You to use the Website You hereby agree that You shall not make any claim or support any action on the claim that this Agreement constitutes a contract of adhesion or is unconscionable in any way. This is a legal contract. Like all legal contracts, You are advised to procure appropriate legal advice before entering into this agreement. You acknowledge and agree that Company did not require You to enter into this Agreement without having sufficient time and opportunity to consult with an attorney. You hereby further acknowledge that You have either consulted with an attorney prior to agreeing to the provisions of this Agreement or You expressly and knowingly have opted not to seek legal counsel prior to Your full agreement hereto. Paragraph and subparagraph headings of this Agreement are inserted for convenience only and shall not be deemed to constitute a part hereof nor to affect the meaning thereof.