Welcome to the user agreement (the “Agreement” or “User Agreement”) for RealBoysOnline.com, (the “Sites” or the “Websites”) which are websites owned by Lonestar Media LLC (”Company”). If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the Company’s services or Websites.
As used herein, “Member” shall mean a person whose registration of an account with the Sites has been accepted by the Company.
As used herein, “Website Material” shall mean contents available for viewing and contents available for download on the Websites, including but not limited to text, graphics, images, logos, button icons, and software.
1. Binding Nature
2. Change Control
Lonestar Media LLC reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Sites or services, at any time and in its sole and independent discretion. Any changes will be effective upon the posting of the revisions on the Sites. You are responsible for reviewing the Agreement, policies and guidelines, and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of these Sites and the services offered on these Sites following the posting of any changes on RealBoysOnline.com will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, do not continue to use these Sites or the services offered on these Sites.
The Company’s Sites and its services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Company’s Sites and its services are not available to minors (persons under the age of 18 or in some states under the age of 21) or to temporarily or indefinitely suspended RealBoysOnline.com Members. If you do not qualify, you may not use the Company’s Sites. Use of the Sites or its Services is strictly prohibited for any use other than for personal, non-commercial use. This prohibition includes, but is not limited to, the following terms:
a. Competitors are not authorized to access or use the Company’s websites without express, written permission from the Company in advance of such access.
b. Members of the law enforcement community, their agents and employees are not authorized to access or use the Company’s websites.
c. Employees of the United States government, their agents, and their contractors are not authorized to access or use the Company’s websites.
Further, your RealBoysOnline.com account User ID, password and PIN may not be transferred, loaned, given, or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. You agree that if RealBoysOnline.com determines that your User ID, password, or PIN are being used in multiple computers simultaneously, or if RealBoysOnline.com detects that your account activity includes repeated licensing of the same content from different IP locations, your account will be immediately terminated WITHOUT refund.
4. Minimum System Requirements
- Microsoft Windows®: 2000, XP, Vista, 7, Windows 7
- Microsoft Internet Explorer 6/7/8 or Firefox 1.0/1.5/2.0/3.0
- Flash Player 8+
- 256 megabytes (MB) of RAM – 512 MB recommended
- Broadband Internet connection or access to a high-speed network (dial-up works but slow)
- Super VGA (800 x 600) or higher resolution
- 16-bit sound card
- Mac OSX 1.3 “Panther” with Flip4Mac 2.1+, Quicktime 7.1.2+
- Mac OSX 1.4 “Tiger” with Flip4Mac 2.1+, Quicktime 7.1.2+
- Safari 2.0, or Firefox 1.0/1.5/2.0/3/0
- 256 megabytes (MB) of RAM- 512 MB recommended
- Broadband Internet connection or access to a high-speed network
- Super VGA (800 x 600) or higher resolution
You agree that it is your sole responsibility to ensure that your computer meets the minimum system requirements, and you understand and agree that RealBoysOnline.com will not be held liable for any damages based on or arising from your failure to meet these requirements.
5. Services – General
The Company’s Sites are a venue for providing a means for the viewing and downloading of adult-oriented images, including, but not limited to, adult-oriented photographs and adult-oriented videos.
6. Services – Fees
Upon registration with one or more of the Sites, you will be charged pursuant to the membership rates posted at the time of registration. The posted membership rates are incorporated into this Agreement by reference.
7. Services – Membership
Members will receive benefits and services as described on the “Enrollment” page at the time of registration. The terms and conditions of “Enrollment” are incorporated by reference into this Agreement.
All memberships renew at their posted rates until cancelled. You can cancel at any time and prevent future billing by going to the Site “help” page. THERE ARE NO REFUNDS.
8. Restricted Activities
Your activities on the Sites shall not: (a) be false, inaccurate, or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising); (e) be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (f) be obscene or contain child pornography; (g) include the use of derogatory statements or offensive language; (h) be abusive or hateful; (i) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Company’s Sites; or (j) create liability for the Company or cause it to lose (in whole or in part) the services of its ISPs or other suppliers.
9. Access and Interference
You agree that you will not use any robot, spider, scraper, or other automated means to access the Sites for any purpose without the Company’s express written permission. Additionally, you agree that you will not: (i) take any action that RealBoysOnline.com, in its sole discretion, believes imposes an unreasonably large load on its servers; (ii) copy, reproduce, modify, create derivative works from, distribute, or publicly display any website Material without the prior expressed written permission of RealBoysOnline.com and the appropriate third party, as applicable; (iii) attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or (iv) bypass any measures RealBoysOnline.com may use to prevent or restrict access to the Sites.
10. Links to Third Party Sites
There may be links established between the Sites and other Sites on the World Wide Web or Internet which are not under the control of or maintained by Lonestar Media LLC. Such links do not necessarily constitute an endorsement by RealBoysOnline.com of those Sites. RealBoysOnline.com undertakes no obligation to monitor such Sites, and you agree that RealBoysOnline.com is not responsible for the content of such Sites or any technical or other problems associated with any such third-party Sites, links or usage.
Without limiting other remedies, RealBoysOnline.com may limit your activity for activities or actions for which RealBoysOnline.com believes, in the Company’s sole discretion, you are responsible, issue a warning, temporarily suspend, indefinitely suspend, place restrictions and limitations on, or terminate your membership and refuse to provide the Company’s services to you if, within the Company’s sole and independent judgment: (a) you breach, or RealBoysOnline.com anticipates that you are about to breach, this Agreement or the documents it incorporates by reference; (b) RealBoysOnline.com is unable to verify or authenticate any information you provide to the Company; or (c) RealBoysOnline.com believes that your actions may cause financial loss or legal liability for you, the Company’s users or the Company. RealBoysOnline.com can also terminate this Agreement at any time, with or without cause.
12. Copyright and Intellectual Property
All Website Material is protected under United States and foreign copyright, trademark, and other laws. All website Material is the property of the Company or its content suppliers, vendors, and clients. The compilation (meaning the collection, arrangement, and assembly) of all content on these websites is the exclusive property of the Company and protected by United States and international copyright laws. Unauthorized use of the website Material may violate copyright, trademark, and other laws. You must retain all copyright, trademarks, service mark, and other proprietary notices contained in the original website Material on any copy you make of the website Material pursuant to use of the material. You may not sell or modify the website Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public, commercial, or any other purpose. The use of the website Material on any other Website or in a networked computer environment for any purpose is prohibited. Further, the HTML code that is created by the Company while generating its pages is also protected by the Company’s copyright.
Without limiting, modifying, or abrogating the preceding, you may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the preceding, if you believe that your work has been copied and posted on the Sites in a way that constitutes copyright infringement, please provide RealBoysOnline.com’s Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the websites; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. RealBoysOnline.com’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: via email to: firstname.lastname@example.org.
14. No Warranty
THE COMPANY’S OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS PROVIDE THE COMPANY’S WEBSITES AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. THE COMPANY’S OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
IN ADDITION, THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES THAT THE SITES OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR; THAT THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITES WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF OFFER, LAWFUL TO SELL, OR THAT SELLERS WILL PERFORM AS PROMISED; ANY IMPLIED WARRANTY ARISING FROM COURSE OR DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF LONESTAR MEDIA LLC. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LONESTAR MEDIA LLC, DISCLAIMS ANY AND ALL SUCH WARRANTIES.
15. General Release
YOU RELEASE LONESTAR MEDIA LLC, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITES. YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE SS 1542, WHICH SAYS: “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 ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY RealBoysOnline.com.
16. Limitation of Liability
IN NO EVENT SHALL LONESTAR MEDIA, LLC, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
You agree to indemnify and hold the Company and the Company’s officers, directors, agents, employees, contractors, and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, your violation of any law or the rights of a third party, or any claim or demand alleging such breach or violation.
18. Dispute Resolution
You agree that any controversy or claim arising out of or relating to this Agreement and/or your use of the websites shall be settled by a court of competent jurisdiction in San Diego, California. Any such controversy or claim shall be filed on an individual basis, and shall not be consolidated in any court proceeding with any claim or controversy of any other party. You agree that the federal and state courts located in San Diego, California shall have exclusive jurisdiction and venue over any action brought to enforce the rights and obligations in or arising from this Agreement and that each of the parties irrevocably submits to the jurisdiction of such courts.
RealBoysOnline.com grants a limited license to each Member to make personal use only of the Sites and the Services in accordance with this Agreement. This license provides for unlimited viewing of the licensed material on the computer on which the license was issued. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale, or other commercial use of the Sites and the Services (other than the buying and selling of items in accordance with this Agreement), making any derivative of the Sites or the Services, the collection and use of participant e-mail addresses or other participant information, ratings or listings, or any data extraction, or data mining whatsoever. You agree that you will not compile, reproduce, republish, or resell for any commercial purpose any information on the Company’s Sites and any websites Materials, and not use any device, software, or routine that may interfere with the operation of the Sites. LONESTAR MEDIA LLC IS NOT RESPONISBLE FOR THE LOSS OF A LICENSE OR WEBSITES MATERIAL UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, LOSS DUE TO HARDWARE FAILURE, SOFTWARE FAILURE, HARDWARE MALFUNCTION, SOFTWARE MALFUNCTION, AND OPERATING SYSTEM FAILURES.
20. General Provisions
This is the entire Agreement. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the State of California, without regard to that state’s conflict of laws provisions. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of RealBoysOnline.com and the User in accordance with applicable law and the remainder of the Agreement shall remain in force. All notices and other communications provided for herein shall be in writing and delivered to each party at the address set forth in this document, or as updated from time to time by the parties in writing. The parties to this Agreement are independent contractors and an agency, joint venture, partnership, fiduciary relationship, or any other relationship other than in the nature of independent contractor, shall not arise from this Agreement, and neither party has the right or authority to act for, or on behalf of, the other party. Headings are for the convenience of reference only and do not alter the rights and obligations of the parties. Neither party shall be liable to the other for any delay or failure due to acts of God, war, transportation difficulties, labor strikes, natural disasters, riots, acts, or omissions of vendors or suppliers beyond the control of the parties. The provisions of this Agreement are not for the benefit of any third party. Provisions of this Agreement that are intended to survive this Agreement shall survive. This Agreement has been mutually drafted and no presumption relating to ambiguities in favor of one interpretation over another due to the identity of the drafting party shall arise.
Except as explicitly stated otherwise, any notices shall be given by postal mail to: G. Roy 3952 D Clairemont Mesa Blvd #308 San Diego, California 92117 (in the case of RealBoysOnline.com) or to the email address you provide to RealBoysOnline.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.