Foundation Entertainment, LLC. ("FounD8tion")
currently provides online information, entertainment and communication
services on the Web site, boyLA.com, located on the Internet
at www.boyLA.com ("the Site"). BY USING AND/OR REGISTERING
TO BECOME A MEMBER OF THE SITE, YOU ARE STATING THAT YOU UNDERSTAND
AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS boyLA.COM
USER AGREEMENT (THE "AGREEMENT"). PLEASE READ THE
AGREEMENT. IF YOU DISAGREE WITH ANYTHING IN THIS AGREEMENT,
PLEASE DO NOT USE THE SITE OR ANY SERVICES PROVIDED IN CONNECTION
WITH THE SITE.
If you have any questions regarding this Agreement,
please feel free to let us know at info@boyLA.com.
SERVICES
To use the Site, you do not have to register to become a boyLA.com
member ("Member"). As a Member, however, you will
have access to various services to which non-Members do not
have access, some of which will enable you and other boyLA.com
Members to interact with each other ("Member Areas").
If you would like to register to become a Member,
please complete our membership registration form. You agree
to (a) provide true, accurate, current and complete information
as prompted by the registration form and (b) maintain and update
such information to keep it true, accurate, current, and complete
at all times. If any information provided by you on the registration
form is untrue, inaccurate, not current or incomplete, or if
we have reasonable grounds to so believe, we have the right
to suspend or terminate your membership and to refuse to provide
you with any future membership. If we have reason to believe
that you have registered someone other than yourself, we will
cooperate with any law enforcement investigation that may result
from such misrepresentations and shall have the right, in our
sole discretion, to disclose any information you provided to
us in connection with such registration.
FounD8tion makes a good faith effort to prohibit
registration as a Member by, and will not knowingly connect
or store personal information from, children under the age of
13.
We reserve the right to modify or discontinue, temporarily
or permanently, the Site (or any part thereof) with or without
notice. You agree that FounD8tion shall not be liable to you
or to any third party for any such action.
FEES
We reserve the right at any time to charge fees for access to
new Site content or services or to portions of the existing
Site content or services or the Site as a whole. In no event
will you be charged for access to any Site content or service,
or to the Site as a whole, unless we obtain your prior agreement
to pay such charges. If you do not consent to such charges,
however, you may not have access to paid content or service.
SITE RULES
Following are some basic rules that apply to the Site and that
you agree to follow. If you violate any of the Site rules, or
if we have reasonable grounds to so believe, we have the right
to deny you access to the Site, to suspend or terminate your
membership and to refuse to provide you with any future membership.
You agree not to use the Site to:
upload, store, post, email or otherwise transmit any: (a) material
that is inaccurate, unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, sexually explicit,
libelous, invasive of another's privacy, hateful, racist, bigoted
or otherwise objectionable, (b) material that you do not have
a right to transmit under any law or under contractual or fiduciary
relationships, (c) material that infringes any patent, trademark,
trade secret, copyright or other proprietary right of any party,
(d) advertising, promotional materials, junk mail, spam, chain
letters, pyramid schemes, or any other form of solicitation,
except where specifically permitted, or (e) material that contains
software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment;
impersonate any person or entity or falsely state or otherwise
misrepresent your affiliation with a person or entity; forge
headers or otherwise manipulate identifiers in order to disguise
the origin of any material transmitted through the Site; disrupt
the normal flow of dialogue, cause a screen to scroll faster
than other users of the Site are able to type, or otherwise
act in a manner that negatively affects other users' ability
to engage in real-time exchanges; interfere with or disrupt
the Site or servers or networks connected to the Site, of disobey
any requirements, procedures, policies or regulations of networks
connected to the Site; try to gain access to areas that are
private to FounD8tion or to other boyLA.com users; violate any
applicable local, state, national, or international law or any
regulation having the force of law; stalk or otherwise harass
another; harm minors in any way, including, without limitation,
to establish unlawful contact with minors (whether on or off
the Site); collect or harvest screen names; collect or store
personal data about other users of the Site; or solicit or attempt
to discover a user's password, screen name, or other registration
information without the user's express knowledge and consent;
engage in or run raffles, lotteries, contests or sweepstakes;
promote or provide instructions of information about how to
engage in illegal conduct or commit illegal activities, promote
physical harm or injury, or promote any illegal act; or store
any information or use any Web page or directory you create
for remote loading or as a door or signpost to another Web page,
whether inside or outside the Site.
You acknowledge that we do not prescreen material
posted or transmitted on the Site, but that we and our designees
shall have the right (but not the obligation) in our sole discretion
to review and edit, delete or refuse to post any material submitted
for display or placed on the Site, including but not limited
to message board posts, Personals and reviews. Without limiting
the foregoing, we and our designees shall have the right to
remove any material that violates this Agreement, which we believe
in good faith may create liability for us, or that we deem is
otherwise objectionable. You acknowledge and agree that we may
preserve material and may disclose material if required to do
so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce this Agreement; (c) respond to claims that
any material violates the right of third parties; or (d) in
our sole judgment, protect the rights, property, or personal
safety of boyLA.com, its users and the public.
PRIVACY
Our Privacy
Policy states in full our policy regarding Member privacy;
see that document for more details.
PUBLIC AREAS
A Public Area ("Public Area") of the Site is any area
where you may submit material ("Submissions") for
viewing by others or view Submissions of other boyLA.com users,
such as message boards, forums or chat rooms. In some of these
areas, a Submission includes the name, ID, nickname, and/or
other information that would be displayed with the submitted
material, as applicable. You agree to use Public Areas in accordance
with the Agreement and any policies for the Public Areas that
are displayed on the Site.
BY SUBMITTING MATERIAL TO A PUBLIC AREA, YOU AGREE
TO INDEMNIFY FOUND8TION AND HOLD IT HARMLESS FROM ALL CLAIMS,
INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LIBEL, SLANDER, INVASION
OF PRIVACY, COPYRIGHT INFRINGEMENT OR OTHERWISE, ARISING FROM
SUCH SUBMISSION.
By making a Submission to any Public Area, you automatically
grant FounD8tion the royalty-free, perpetual, irrevocable, nonexclusive
right and license to use, reproduce, modify, adapt, publish,
translate, publicly perform and display and distribute the content
of the Submission (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media, or technology
now known or hereafter developed. You also permit any other
user of the boyLA.com Site to access, view, store, or reproduce
the Submission for that user's personal use.
LINKS
Our provision of a link to any other site or location is for
your convenience and does not signify our endorsement of such
site or location of its contents. FounD8tion shall not be responsible
for any information, software, or links found at any other World
Wide Web site, Internet location, or source of information,
for your use of such information, or for e-commerce transactions
conducted at or through any linked site or location.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, INCLUDING, WITHOUT
LIMITATION, ANY MATERIAL AND/OR DATA DEVELOPED BY FOUND8TION
OR BY THIRD PARTIES ("INFORMATION PROVIDERS"), IS
AT YOUR SOLE RISK. THE SITE, AND ANY CONTENT OR MATERIALS AVAILABLE
THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS,
IMPLIED OR STATUTORY. FOUND8TION AND THE INFORMATION PROVIDERS
HEREBY EXPRESSLY DISCLAIM ALL SUCH WARRANTIES INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS
FOR A PARTICULAR USE OR PURPOSE, TITLE, OR NONINFRINGEMENT,
OR ANY WARRANTY AS TO RESULTS THAT MAY BE OBTAINED THROUGH THE
USE OF THE SITE. FOUND8TION DOES NOT REPRESENT OR WARRANT THAT
THE SITE WILL FUNCTION WITHOUT INTERRUPTION, THAT THE SITE IS
ERROR- OR DEFECT-FREE, THAT ANY SUCH DEFECTS OR ERRORS WILL
BE CORRECTED, OR THAT THE SITE AND THE SERVER(S) THAT MAKE THE
SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU
OBTAIN FROM FOUND8TION OR OTHERWISE THROUGH YOUR USE OF THE
SITE SHALL CREATE ANY WARRANTY ON THE PART OF FOUND8TION OR
THE INFORMATION PROVIDERS. FURTHER, FOUND8TION AND THE INFORMATION
PROVIDERS DO NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS
OF THE USE OF ANY CONTENT OR MATERIALS MADE AVAILABLE THROUGH
THE SITE OR FROM THIRD PARTIES WILL BE CORRECT, ACCURATE, TIMELY,
RELIABLE OR OTHERWISE.
LIMITATIONS ON LIABILITY
IN NO EVENT SHALL FOUND8TION, THE INFORMATION PROVIDERS OR ANY
OTHER PERSON OR ENTITY INVOLVED IN CREATING OR DISTRIBUTING
THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING AND UNDER ANY THEORY
OF LIABILITY (INCLUDING, WITHOUT LIMITATION, TORT, INCLUDING
NEGLIGENCE AND STRICT LIABILITY, BREACH OF CONTRACT OR BREACH
OF WARRANTY), THAT RESULT FROM YOUR USE OR INABILITY TO USE
THE SITE, ANY CHANGES TO THE SITE OR THIS AGREEMENT, UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA, ANY MATERIAL
OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS
ENTERED INTO THROUGH THE SITE. FOUND8TION IS NOT RESPONSIBLE
OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE
OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT
OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES, CONTENT
OR MATERIALS AVAILABLE ON OR THROUGH THE SITE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THE FOREGOING
LIMITATIONS ON LIABILITY SHALL BE APPLICABLE EVEN IF FOUND8TION
OR THE APPLICABLE THIRD PARTY KNEW OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE
OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
ALLOCATION OF RISK
YOU AGREE THAT THE DISCLAIMER OF WARRANTIES, LIMITATIONS ON
LIABILITY, AND INDEMNIFICATION PROVISIONS SET FORTH IN THIS
AGREEMENT REPRESENT AND AGREED UPON ALLOCATION OF RISK BETWEEN
YOU AND FOUND8TION AND FORM AN ESSENTIAL PART OF THE BASIS OF
THEIR BARGAIN, WITHOUT WHICH FOUND8TION WOULD NOT ENTER INTO
THIS AGREEMENT OR PROVIDE THE SITE.
OWNERSHIP OF MATERIALS
The contents of the Site, including without limitation text,
software, photos, graphics, and all other audiovisual elements
are copyrighted by FounD8tion as a collective work under the
United States copyright laws. Except for material in the public
domain, FounD8tion and its licensors hold copyrights to all
content appearing on the Site. FounD8tion permits, without charge,
the reproduction and distribution of FounD8tion material contained
on the Site for non-commercial educational and personal uses;
provided that such materials remain unaltered and are accompanied
by a clearly visible copy of any copyright notice appearing
on such materials and by the Site's URL (http://www.boyLA.com).
All other reproduction, distribution, retransmission, modification,
public display, and public performance of such materials is
prohibited without the prior written consent of FounD8tion.
To obtain such consent, contact:
Copyright Administrator
boyLA.com
E-mail: info@boyLA.com
Certain material on this site is used under license,
including certain musical performances used under license from
ASCAP or BMI.
REMOVAL OF MATERIAL FOR WHICH COPYRIGHT INFRINGEMENT
IS CLAIMED
FounD8tion respects the intellectual property rights of others.
Pursuant to Title 17 U.S.C.512, as amended by Title II of the
Digital Millennium Copyright Act ("the Act"), FounD8tion
has implemented procedures for receiving written notification
of claimed copyright infringements and for processing such claims
in accordance with the Act. If you believe your copyrights are
being infringed by a Member, please fill out a Notice of Infringement
Form and fax or mail it to the following FounD8tion agent for
notice of claims of copyright infringement:
Copyright Administrator
BOY | Los Angeles
PO Box 10384, Beverly Hills, CA 90210 Tel: 310-285-1635 Fax: 760-280-7591
E-mail: info@boyLA.com
The information requested by the Notice of Infringement
Form substantively complies with 17 U.S.C. 512(c)(3)(A), which
provides:
To be effective under this subsection, a notification
of claimed infringement must be a written communication provided
to the designated agent of a service provider that includes
substantially the following:
(i) A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works at a single
online site are covered by a single notification, a representative
list of such works at that site.
(iii) Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information
reasonably sufficient to permit the service provider to locate
the material.
(iv) Information reasonably sufficient to to permit the service
provider to contact the complaining party such as an address,
telephone number, and if available, electronic e-mail address
at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith
belief that use of the material in the manner complained of
is not authorized by the copyright owner, its agent, or the
law.
(vi) A statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
Notification from a copyright owner or from a person
authorized to act on behalf of the copyright owner that fails
to comply substantially with the provisions above shall not
be considered as providing actual knowledge or an awareness
of facts or circumstances from which infringing activity is
apparent.
Please provide a Notice of Infringement Form each
time you wish to report alleged acts of infringement.
Please note that FounD8tion will terminate in appropriate
circumstances the account of any Member who repeatedly posts
infringing material on the Site.
INDEMNIFICATION
You agree to hold harmless FounD8tion and its Information Providers
and any other person or entity involved in creating or distributing
the Site, as well as each of their respective affiliates and
their respective directors, officers, employees and agents,
from and against any and all claims, liabilities, damages, losses,
costs, fees (including reasonable attorneys' fees) and expenses
that such parties may incur as a result of or arising out of
your (or, in the case of Members, anyone using your account's)
use of, or conduct with respect to, the Site.
CHOICE OF LAW/JURISDICTION AND VENUE
You agree that the laws of the State of California and the United
States will apply to all matters relating to this Agreement,
as they would to agreements made and entered into entirely in
California by California residents, notwithstanding your actual
place of residence. You agree that all lawsuits arising out
of this Agreement shall be brought exclusively in the Federal
or State courts located in the Southern District of California,
Los Angeles County, and you hereby irrevocably submit to the
exclusive personal jurisdiction of such courts for such purpose.
MODIFICATION OF AGREEMENT
You agree that FounD8tion may change the terms and conditions
of this Agreement, unilaterally, and at any time, by conspicuously
posting notice of such change on the Site for a period of five
(5) consecutive days. Continued use of the Site after such notice
will constitute your acknowledgment and acceptance of the revised
terms and condition.
GENERAL
This Agreement contains the complete and final statement of
the understanding between you and FounD8tion with respect to,
and supercedes any and all prior or contemporaneous negotiations,
agreements or communications, whether written or oral, between
you and FounD8tion concerning, the subject matter of this Agreement.
If any provision of this Agreement is rendered by a court or
governmental agency of competent jurisdiction to be invalid,
illegal, or unenforceable, such invalidity, illegality or unenforceability
shall not affect the remainder of this Agreement, which shall
remain in full force and effect and be enforced in accordance
with its remaining terms. The waiver by FounD8tion of a breach
or default of any of the provisions of this Agreement by you
shall not be construed as a waiver of any succeeding breach
of the same or other provisions; nor shall any delay or omission
on the part of FounD8tion to exercise or avail itself of any
right, power or privilege that it has or may have hereunder
operate as a waiver of any breach or default by you. You agree
that, regardless of any statute or law to the contrary, any
claim or cause of action that you may have arising out of or
related to use of the Site or this Agreement must be filed within
one (1) year after such claim or cause of action arose or be
forever barred. The section titles in this Agreement are solely
used for convenience and have no legal or contractual significance.
All provisions of this Agreement that, by their nature, survive
termination of this Agreement will survive termination including
without limitation, the Site Rules, Adult Areas, Public Areas,
Links, Disclaimer of Warranties, Limitations on Liability, Allocation
of Risk, Ownership of Materials, Indemnification, Choice of
Law/Jurisdiction and Venue and General sections of this Agreement.
