Terms of Use

The following terms and conditions govern your use and access to HornyBoyTV (the Site):

By accessing, using, printing or downloading any material from the Site, you agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you may not enter the Site, you must exit the Site immediately and you may not use or access any the Site or print or download any materials from it. You may use and access the Site only in accordance with these Terms and Conditions.

You are solely responsible for obtaining access to the Site and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Site (i.e., computers, modems, and software, including the most recent versions of Internet browsers, applications, and plug-ins).

HornyBoyTV is responsible for providing buyer a private link from which they can access and download the digital product(s) purchased at the Site. Buyer is responsible for ensuring that they have adequately configured hardware, software, and a sufficient internet connection to download and successfully play the digital file(s). We provide a sample file for testing purposes, to assist you in determining if your system is capable of handling the digital files. It is the buyer's responsibility to perform adequate testing before purchasing digital products. Buyer must also ensure that they have a sufficient broadband connection, capable of downloading large digital files in excess of 90 Megabytes each.

HornyBoyTV is NOT a streaming video service. All files purchased must be downloaded and saved to the customer's computer within 5 days of purchase. All download links automatically expire 5 days after purchase. HornyBoyTV may at it's sole discretion reactivate download links upon customer request if the customer experiences technical difficulties and is unable to complete their downloads within 5 days of purchase. HornyBoyTV will NOT reactivate links more than 30 days after the original purchase date. Customer is responsible for downloading and archiving their purchased files to their local computer and/or backup media in order to have continued access to the purchased files. HornyBoyTV is not responsible for data storage of customer's files. If you wish to keep the files, be sure to perform regular data backups on your local computer! If you lose a file and wish to view it again, you will need to purchase it.

If you have questions or concerns about whether your system can play our digital files, please read our Q&A section and/or contact us via email at support@hornyboy.tv BEFORE YOU PURCHASE. Refunds are the sole discretion of HornyBoyTV once the private link(s) to the purchased digital content has been provided, regardless of whether or not you utilize the link(s) and/or file(s).

I. ADULT ENTERTAINMENT

The Site offers online entertainment services that may be deemed adult in nature and which may contain graphic depictions and descriptions of explicit sexual activity. You acknowledge that you are aware of the nature of the content provided by the Site, that you are not offended by such content and that you access the Site freely, voluntarily and willingly.

II. AGE OF MAJORITY

You represent and warrant that you are at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, and that you have the legal capacity to enter into this agreement. If you are not at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, you must exit the Site immediately and may not use or access the Site or print or download any Materials (as defined below).

III. NO CHILD PORNOGRAPHY

You understand that all models appearing on the Site are, and were at the time of all recorded images, at least 18 years of age, and that the Site contains no child pornography. We take a strong and definite stand against child pornography and only publish images of consenting adults for consenting adults. If you suspect other outside web sites are participating in unlawful activities involving minors, please report them to www.asacp.org.

IV. PROTECT SPEECH

You further acknowledge that the Site contains only images protected by the First Amendment to the United States Constitution. If you are seeking obscenity or child pornography, please leave the Site immediately.

V. TRADEMARK INFORMATION

HornyBoy and the HornyBoy LOGO are registered trademarks of RudeBox Media, Inc. in the United States. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners. HornyBoy marks may not be used publicly except with express written permission from RudeBox Media Inc. (Company), and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits HornyBoy, HornyBoy TV, or Company.

VI. COPYRIGHT

All content included on the Site, such as literary works, text, pictorial and graphical works, photographs, video and audio clips, motion pictures and other audio visual works, music, soundtracks, button icons, streaming data, animation, images, compilations, .RAM files, .AVI files, or any other software files (in object code or source code format) (collectively, “Materials”) is the property of Company or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Company and protected by United States and international copyright laws.

VII. ACCESS TO SITE

The Site may contain links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware that when they leave our Site they should read the privacy statements of each and every web site that collects personally identifiable information.

VIII. RESTRICTIONS ON USE OF THE SITE

Without the express prior written authorization of Company, you may not: (a) duplicate the Site or any of the Materials contained therein (except as expressly provided above in Section VII); (b) create derivative works based on the Site or any of the Materials contained therein; (c) use the Site or any of the Materials contained therein for any commercial purpose, or for any public display or public performance; (d) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or any of your rights to access and use the Materials as granted in Section VII above; (e) remove any copyright or other proprietary notices from the Site or any of the Materials contained therein; (f) frame or utilize any framing techniques in connection with the Site or any of the Materials contained therein; (g) use any meta-tags or any other “hidden text” using Company's name or marks; (h) circumvent any encryption or other security tools used anywhere on the Site (including the theft of user names and passwords, or using another person’s user name and password in order to gain access to a restricted area of the Site); (i) use any data mining, robots or similar data gathering and extraction tools on the Site; (j) decompile, reverse engineer, or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law.

IX. PURCHASES

a. Account, Password and Security
As part of the registration process, you will select a unique user name and password which you must provide in order to gain access to the non-public portion of the Site. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to the Site to anyone who is below the age of majority in your jurisdiction. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. You agree to (1) immediately notify HornyBoyTV of any unauthorized use of your user name and password or any other breach of security, and (2) ensure that you exit from your account at the end of each session.

b. Fees
You agree to pay for all services at the time of purchase. At the time of purchase, you must select a payment method. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder.
The charges from HornyBoyTV will appear on your credit card statement as "RudeBox Media Inc."

c. Billing Errors
If you believe that you have been erroneously billed, please notify us immediately of the suspected error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer.

d. Refund Policy
HornyBoyTV does not typically issue refunds once the private link to the purchased digital content has been provided. We may, however, grant refunds or credits in the form of free downloads to resolve customer service issues. The billing system used by the Site and our authorized agents provides extensive credit card fraud protection measures and the Site includes many features to protect users from accidental charges. Refunds to your credit card will be provided only under rare circumstances, such as persistent technical problems originating with our equipment.

X. TERMINATION

We may terminate your access to the Site at any time, with or without advance notice, if: (a) Company believes that you have breached any material term of these Terms and Conditions, (b) Company is unable to collect funds on a purchase you make, or (c) Company decides to cease operations or to otherwise discontinue the Site.

XI. DISCLAMER OF WARRANTY

YOU EXPRESSLY AGREE THAT USE OF ANY OF THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR DISCRETION AND AT YOUR OWN AND SOLE RISK. THE SITES AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. COMPANY DOES NOT OPERATE ITS AFFILIATES’ WEBSITES. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITES OR ANY MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COMPANY MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

XII. LIMITATION OF LIABILITY

IN NO EVENT SHALL COMPANY (OR ITS LICENSORS, AGENTS, SUPPLIERS, OR SERVICE PROVIDERS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS OR GOODWILL, FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY'S MAXIMUM TOTAL AGGREGRATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF THE SITE FOR A PERIOD OF NO MORE THAN SIX (6) MONTHS FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION.

XIII. INDEMNITY

Some Web sites which are linked to HornyBoyTV are owned and operated by third parties not associated with Company or our Affiliates. Because Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or in reliance on any such third-party content, goods or services available on or through any such site or resource. If you decide to access any such third party sites, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein.

XIV. GENERAL PROVISIONS

a. Governing Law
These Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of the State of Arizona, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions. The parties hereby submit to the personal jurisdiction of the state and federal courts of the State of Arizona. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the state and federal courts located in Maricopa County, Arizona.

b. Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach of Sections VII or VIII, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.

c. Arbitration
If there is a dispute between the parties arising out of or otherwise relating to these Terms and Conditions, the parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party may submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Maricopa County, Arizona, and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce. The party bringing the action shall be responsible for paying all costs for arbitration, including the arbitrator’s fees. Each party shall bear its own attorneys’ fees (except if the matter is for the collection of a debt owed in which case the prevailing party shall be awarded its attorneys fees, all arbitration costs and the arbitrator fees (if applicable), in addition to all other applicable remedies). The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of these Terms and Conditions; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. This Section shall not apply to any breach (or any allegation which if true would constitute a breach) of Sections VII or VIII, or any other matter relating to intellectual property.

d. Assignment
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither these Terms and Conditions nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.

e. Severability
If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.

f. No Waiver
Failure by either party to enforce any provision of these Terms and Conditions will not be deemed a waiver of future enforcement of that or any other provision, and no waiver of one breach will constitute a waiver of subsequent breaches of the same or of a different nature.

g. Complete Agreement
These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of the Site and the Materials contained therein, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (except, to the extent applicable, any Download Agreement or similar contract governing the parties’ rights and responsibilities in connection with any specific Materials downloadable from the Site). No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of both parties.

h. Relationship Between the Parties
Nothing in these Terms and Conditions shall be construed as to create a partnership, joint venture or agency relationship between the parties.

i. Headings
Section and subsection headings of these Terms and Conditions are inserted for convenience only and shall not be deemed to constitute a part hereof nor to affect the meaning thereof.

j. Force Majeure
Company shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server, network or software, including Y2K errors or omissions, for so long as such event continues to delay the performance of the Site.

k. Export
You understand and acknowledge that the software elements of the Materials may be subject to regulation by agencies of the U.S. Government, including the U.S. Department of Commerce, which prohibits export or diversion of software to certain countries and third parties. You will not assist or participate in any such diversion or other violation of applicable U.S. laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable U.S. laws and regulations and that you will abide by such laws and regulations.

l. Government Rights
The software elements of the Materials have been developed at private expense and is “commercial computer software” or “restricted computer software” within the meaning of the FARs, the DFARs, and any other similar regulations relating to government acquisition of computer software. Nothing contained herein will be deemed to: (1) grant any government agency any license or other rights greater than are mandated by statute or regulation for commercial computer software developed entirely at private expense, or (2) restrict any government rights in any extensions or custom solutions provided hereunder and developed at government expense.

m. Other Jurisdictions
Company makes no representation that the Site or any of the Materials contained herein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Site from such locations do so on their own initiative and are solely responsible for compliance with all applicable local laws.

XV. CONSUMER RIGHTS INFORMATION - CALIFORNIA RESIDENTS ONLY

This Section applies only to Californian residents. In compliance with Section 1789 of the California Civil Code, please note the following:

Name of Service Provider:
RudeBox Media Inc.
Contact Information:
support@hornyboy.tv

HornyBoyTV reserves the right to change prices at any time. Users may contact us at: support@hornyboy.tv in order to resolve any billing disputes or to receive further information.