Rentboy – Largest Gay Male Escort and Massage Site

TERMS OF USE, PROVISIONS AND CONDITIONS

Law Enforcement Request & Subpoena Compliance Policy

I. General

Easy Rent Systems, Inc. (herein after referred to as “ERS”) has established these Terms of Use, Provisions, and Conditions (which also incorporate by reference, without limitation, Our Privacy Policy, Subpoena Compliance Policy, and DMCA Notice & Takedown Policy) (hereinafter referred to collectively as “Terms of Use or “TOU””) to govern Your use of this Site and all affiliated sites and every mobile version hereof or thereof (collectively, “Site,” this “Site,” “the Site,” or the “Service”) whether or not You are a registered user of this Site. ERS reserves the right, at its sole discretion, to change, modify, add, or delete portions of these TOU, and to notify You of such changes by modifying the “Last Revised” date at the top of this TOU. You acknowledge that it is Your responsibility to review the “Last Revised” date to determine if any changes have been made since Your last review of this TOU. By accessing and continuing to use the Site after the change to this TOU, You thereby manifest Your agreement to any changes hereto. If You do not agree with such changes, You must notify us by cancelling Your membership, and exiting the Site.

By entering this Site, You acknowledge that: (A) You have read and understand these TOU and that You agree to be bound by the TOU as same may be amended from time to time; (B) You shall comply with all applicable laws and regulations (including, without limitation, United States export and re-export control laws and regulations); and (C) the disclaimer, limitation of liability and indemnification provisions set forth in the TOU are an agreed upon allocation of risk and form an essential part of our agreement to permit You to use this Site, without which agreement ERS would not enter into this Agreement or permit You to use this Site. To the extent that fees are listed for escort-oriented services, You acknowledge that such fees are for lawful companionship, interaction, and/or recreation only. If You do not agree to be bound by the TOU, You are directed to terminate and discontinue Your use of this Site immediately.

ERS DOES NOT PERFORM CRIMINAL BACKGROUND OR SEX OFFENDER CHECKS ON ANY USER OR PROSPECTIVE USER, ADVERTISER, OR THIRD PARTY. You are encouraged to use common sense when interacting with any individual located through this Site. ERS is not responsible for activities, claims, or losses that result from meeting individuals identified through the Site. “Advertisers” are Members who have been granted authority to post advertisements for escort or massage services. “Studios” are Members who access the Site and Services on behalf of multiple Advertisers. For the purposes of the TOU, all references to “Advertiser(s)” shall apply to Studios and the individual Advertisers for whom the Studio is acting as agent.

Advertisers are required to register, and provide specific information required from ERS. An Advertiser may only post an advertisement on this Site after the Advertiser is accepted into the advertising program by ERS. ERS reserves the right to require agreement to additional terms and provisions by Advertisers before acceptance. Advertisers are not agents or employees of ERS and ERS has absolutely no relationship with said Advertisers other than accepting paid advertisements from them. Your correspondence and/or interaction with the Advertisers found on or through this Site are solely between You and such Advertiser. ERS shall not be responsible or liable for loss or damage of any sort whatsoever incurred by You or any third party as the result of such correspondence and/or interaction, whether occurring online or offline, or as the result of the advertisements place on the Site.

You may not copy, reproduce, republish, transmit, disseminate, reverse engineer, reverse assemble, sell, or distribute in any way any material from this Site, including, without limitation, photographs, video, code, and software. You may in certain instances be permitted to upload information, text, photographs, and/or video to this Site, subject to the express conditions hereof.

These TOU are intended to solely benefit the parties hereto, and is not intended to benefit any third parties to the agreement. No third party (including any user of this Site) shall have the right to assert a claim under these TOU.

II. VOID WHERE PROHIBITIED

Portions of this Site are fee or membership based, and may involve recurring billing. Membership in the Site and use of the Services are void where prohibited.

III. Information Related to Minors

ERS will not post, nor tolerate the posting of, any information relating to individuals under the age of eighteen (18) years. ERS will not knowingly collect information, personal or otherwise, from individuals under the age of eighteen (18) years. By using this Site, You certify, that You are over the age of eighteen (18) years. The United States and various foreign, federal, state, and local jurisdictions impose significant penalties upon individuals and entities who contribute to the proliferation or use of pornography related to minors. If You seek underage material, please exit the site immediately. YOU ARE HEREBY NOTIFIED THAT, TO THE EXTENT REQUIRED BY APPLICABLE LAW, ERS WILL COOPERATE IN THE INVESTIGATION OF ANY UNLAWFUL USE OF THE SITE OR ITS SERVICES. Any suspected underage material found on this Site should be reported to [insert abuse reporting link] for a prompt investigation. Any such material found on other websites should be reported to asacp.org or to the CyberTip Hotline; http://www.missingkids.com/cybertipline


IV. Registration Data; Account Security

In consideration of Your use of this Site, You agree to: (A) provide accurate, current and complete information about You as may be prompted by any registration forms on the Site (“Registration Information”); (B) maintain the security of Your password and account credentials; (C) maintain and promptly update the Registration Information, and any other information You provide to ERS, to keep it accurate, current, and complete; and (D) be fully responsible for all use of Your account and for any actions that take place using Your account. Account credentials may not be used by more than one Member. In the event a Member is found to have shared account credentials with another person, the Member’s account may be terminated for breach of this Agreement. ERS reserves the right to suspend or terminate Your access to this Site at any time for any reason.

You acknowledge that we may communicate with You by various methods, including electronic messages and email, about Your account, Your relationship with the Site, and/or promotional items of interest. By accepting this TOU, you expressly consent to the receipt of emails, including promotional emails, sent by ERS.


V. Payment Methods

All fees or account charges associated with any sales transactions occurring on the Site, or via the Services are prominently displayed prior to any such purchase. Payment for the services purchased on this Site may be made by credit card or through any payment method set forth on our payment page. Billing may be performed by a third party payment processor, bank, or money transmitting service. For credit card payments, you will be required to provide us with the exact billing address and telephone number that Your credit card issuer has on file for You. You may further be required to provide us with the security code on Your credit card. In the event the Site accepts digital or alternative currency such as Bitcoin as payment, you agree that any monetary refunds authorized by the Site will be in the same type of currency, or in U.S. dollars, at present day market value of the currency used to make the payment. We are not responsible for fluctuations in market value of alternative currency. You authorize us and our agents to transact payments on Your behalf. In the event of recurring payments, You have authorized us to automatically renew Your fee payments on a continuing basis and to charge Your credit card (or other payment means) on an ongoing basis unless and until You notify us that You wish to cancel such recurring payments. Incorrect information may cause a delay in processing, or denial of access to services by the Site. We reserve the right to suspend Service to You in the event You have provided inaccurate or incomplete credit card information, or if Your payment information is out of date. If You believe that You have been erroneously billed for activity associated with Your account, You must notify Us or the applicable third party billing agent immediately of such error.


VI. Refund Policy

It is generally our policy to make refunds only in the form of credit for future services. However, in our sole judgment, on a case by case basis, advertising purchases may be refunded to the original payment method if they have been initiated in error or did not appear correctly on our Site AND the advertisement has not yet run online. Premium membership payment refunds will be made at the Site’s sole discretion.

VII. Correction of Errors and Inaccuracies

The information on this Site may contain typographical errors or inaccuracies and may not be complete or current. ERS reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. Unless intended by the context of the display, the incidental display of products in this Site shall not constitute either an endorsement by ERS of such products nor an offer by ERS to sell such products. The sale of products on this Site by Advertisers is prohibited.


VIII. Manner of Conduct

  • a. You understand that except for the specific advertising programs offered by ERS on this Site, this Site is available for Your personal, non-commercial, and educational use only. You may not mirror any materials contained on this Site without prior written permission of ERS. You may not use any robot, spider, or other automatic device or manual process to screen scrape, monitor, mine, or copy any of the web pages of this Site, any advertisements, any profiles, or any content hereon. Because the harm caused by violations of this section are not easily measured, You agree to pay a liquidated damages fee of $25,000 if You violate this term. The parties agree that this liquidated damages provision is not a penalty, but is instead an attempt to reasonably anticipate the amount of actual damages that might be sustained by ERS in the event of a breach of this provision.

You represent, warrant, covenant, and agree that no materials of any kind submitted through Your account or otherwise posted, transmitted, or shared by You on this Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material. You shall not use or distribute pirated or unauthorized User Content, photographs, products or information.

In addition, You agree not to use this Site to:

  • harvest or collect email addresses or other contact information;
  • use this Site in any other manner that could damage, disable, overburden, or impair this Site;
  • impersonate any person or entity, or falsely state or otherwise misrepresent Yourself, Your age, or Your affiliation with any person or entity;
  • try to gain access to areas of this Site that are private to ERS or other users;
  • stalk, intimidate, or harass others, including users or Advertisers;
  • harm minors in any way, including, without limitation, establishing unlawful contact with minors;
  • promote or provide instructions or otherwise engage in the proliferation of instructions about how to engage in illegal conduct or activities or physical harm or injury to others;
  • Duplicate any part of the Site (except as expressly provided elsewhere in this Agreement);
  • Upload any advertisement that depicts actual or simulated sexual activity.
  • Create any derivative works based on the Site, and You agree and stipulate that any and all derivative works are NOT “fair use”;
  • Use the Site, for any public display, public performance, sale or rental, and You hereby agree and stipulate that any and all such uses are NOT “fair use”;
  • Re-distribute or republish any of the material or content contained on the Site, and You hereby agree and stipulate that any and all such uses are NOT “fair use”;
  • Remove any copyright or other proprietary notices from the Site;
  • Frame or utilize any framing techniques in connection with the Site;
  • Use any meta-tags, pay-per-click advertising, or any other “hidden text” using the Site’s name or marks, and You hereby stipulate that any use of the Site’s name or marks, or any other marks owned by ERS is an infringement upon Our trademark rights;
  • Avoid agreement to the Site’s TOU;
  • 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);
  • Use any data mining, bots, or similar data gathering and extraction tools on the Site
  • Sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the content uploaded to the Site or any of Your rights to access and use the Site except as specifically granted by this Agreement;
  • Use Our Site to send any message or content to any other User or person that may be viewed as defamatory, vulgar, threatening, unlawful, abusive, tortious, invasive of that person’s privacy, or racially, ethnically, or otherwise objectionable;
  • Use Our Services to impersonate any other User or person;
  • Attempt to disguise Your identity as the originator of any message or content You submit through Our Services;
  • Share any personal information relating to an Advertiser or another Member unless such individual has given You permission to do so.
  • Send any content which may be deemed as unsolicited or commercial advertising, including but not limited to sending spam, spim, promotional material, and any other form of solicitation, including soliciting Advertisers or other Members to join or acquire membership at any other website or online service;
  • Use the Site in connection with unlawful contests, lotteries, or gambling; pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
  • Request or send money, or any other form of financial assistance, from or to any Advertiser or other Member that You communicate with on this Site, except in connection with a specifically advertised service;
  • Defame, disparage, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others including ERS;
  • Stream, publish, post, upload, distribute, traffic or disseminate any defamatory, obscene, or otherwise unlawful content, such as child pornography;
  • Stream, publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation;
  • Stream, upload, or otherwise make available files or products that contain images, videos, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents to do same;
  • Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, malware, or any other similar software or programs that may damage the operation of another’s property;
  • Download any file posted by another user of the Site that You know, or reasonably should know, cannot be legally distributed in such manner;
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • Restrict or inhibit any other User from using and enjoying the Services;
  • Harvest or otherwise collect information about others, including e-mail addresses or other personally-identifiable information;
  • Violate any applicable laws, policies, or regulations;
  • Create a false identity and/or utilize fraudulent or inaccurate user information in order to intentionally circumvent registration or billing policies. Any fraudulent, deceptive or unfair transactions or trade practices are strictly forbidden;
  • Upload fake pictures. Fake pictures are pictures posted that are not those of the actual Advertisers or Members. This includes pictures of actors, actresses, models or any person who is not the actual Advertiser or Member;
  • Upload outdated or misleading photographs of Yourself;
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of Users of the Services or other User or usage information or any portion thereof.

b. Specific Restrictions on User-Uploaded Media and Advertisements

  1. i. Age Verification: All persons depicted in the images or video that You upload to the Site must be at least 18 years of age when the depiction was created.
  2. ii. Section 2257 Compliance: You understand and agree that the Site acts as an online advertising forum, therefore, should You determine that Your uploaded content contains sexually explicit conduct, then it is solely Your obligation to ensure that Your uploaded content is compliant with all requirements set forth in 18 U.S.C. §§ 2257 & 2257A et seq. and 28 C.F.R. Part 75.1 et seq., as amended (“Section 2257”), as well as other applicable federal, state, local, and/or foreign laws. Should Your uploaded content contain actual or simulated sexually explicit conduct, as defined by federal law, You represent and warrant that such content is compliant with Section 2257 and/or any similar relevant law in Your jurisdiction, by maintaining all required records and other data, in the manner required by Section 2257. You further acknowledge that it is Your legal obligation to comply with the labeling provisions of Section 2257, and that You must provide the information required by such labeling provisions for each depiction appearing in Your content, in addition to maintaining all required age records, URLs, and other information, indexed in the required manner. You further agree to provide ERS with a copy of any 2257 records associated with depictions uploaded to the Site, promptly upon request. Nothing contained herein constitutes legal advice on compliance with Section 2257, or any other low or obligation.
  3. iii. Publishing Policies: All user uploaded media and advertisements must be consistent with the provisions of this Agreement and our internal publishing standards (hereinafter “Publishing Policies”). Any advertisement that does not comply with such Publishing Policies will be rejected. In the event an advertisement is submitted that suggests or promotes violation of any law or regulation, the Advertiser’s account will be terminated, and the individual will be banned from opening new accounts. In the event that advertisements are rejected for less serious reasons, ERS may permit the Advertiser to submit a new advertisement that complies with our Publishing Policies. ERS does not assist Advertisers with designing, editing or writing advertisements. Please do not request this service. In appropriate cases, We may identify the Publishing Policy that was violated, but are under no obligation to do so.
  4. iv. Restrictions on Off-site Advertiser Conduct: No Advertiser shall link any ad to any website, web page, post, blog, writing, or media of any type that suggests or implies the Advertiser will engage in any illegal activity. Advertiser further agrees not to post, upload, publish or disseminate any media or communication on any third party site, service, network, or platform that suggests that Advertiser is willing to engage in any illegal activity.
  • c. Review of user submitted content and advertisements: Consistent with our “Good Samaritan” rights under 47 U.S.C. §230, We reserve the right, but are under no obligation, to review and/or reject any advertisement, profile, review, comment, or other content created and/or posted by You, and we may delete or cease access to any content without warning, although the Site undertakes no obligation to monitor Your content or take any such actions. We encourage ERS members to report any violations of these restrictions by Advertisers or Members. Uploading prohibited depictions violates this Agreement, and may result in suspension or cancellation of Your account.
  • d. Community Policing: You agree to cooperate with ERS in causing any unauthorized use to cease immediately. You are solely responsible for submitting any material that violates any United States or international laws even if a claim arises after Your service is terminated, and by doing so, Your actions shall constitute a material breach of this Agreement and the Site shall terminate all of Your rights under this Agreement. Nothing contained in this Agreement shall obligate ERS to monitor or investigate any use of its Services by its Advertisers or Members or other third parties, other than as required by applicable law.
  • e. You understand and acknowledge that ERS may not pre-screen material posted on this Site, but that ERS and its employees and agents have the right (but not the obligation) in ERS’ sole and absolute discretion to review, delete, or refuse to post any information or material submitted for display on this Site. Without limitation, ERS reserves the right to terminate Your use of this Site and/or to remove and/or edit any User Content, information, and/or material that (A) ERS believes violates these terms or use, provisions and conditions or otherwise breaches Your agreements with ERS; (B) creates any liability whatsoever for ERS (known or unknown); and/or (C) ERS deems objectionable or otherwise inappropriate. The foregoing notwithstanding, ERS’ failure to take any of the foregoing actions shall not, and shall not be deemed to, create any liability whatsoever for ERS.

IX. Governing Law; Severability; Entire Agreement; Statute of Limitations

THESE TERMS OF USE, PROVISIONS AND CONDITIONS AND YOUR AGREEMENT WITH ERS SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS. YOU AGREE TO BE SUBJECT TO SUCH LAWS AND THAT VENUE IN ANY ACTION OR PROCEEDING COMMENCED PURSUANT TO THIS AGREEMENT SHALL LIE IN NEW YORK, NEW YORK, AND YOU IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION OF THE FEDERAL AND STATE COURTS SITTING IN SUCH VENUE.

If any provision or portion thereof set forth in these TOU is found to be unlawful, void, or for any other reason unenforceable, then such provision or portion thereof shall be deemed severable and shall not affect the validity and enforceability of any other provision. Such severable provision shall be construed as nearly as possible to reflect the intention of these terms of use, provisions, or conditions.

This Agreement and any policies or documents incorporated into the Agreement by specific reference serves as the entire agreement between the parties and may be amended upon notice by ERS. ERS may provide notice by E- mail, conventional mail, or by a general posting (indicated by the word “Notice”) on its web page, but is not obligated to do so.

To the extent permitted by applicable law, You agree that, by using this Site, regardless of any statute or law to the contrary, any claim or cause of action that You may have arising out of, in connection with, or relating to, Your use of this Site and/or these TOU must be filed within one (1) year after the claim or cause of action accrued or such claim or cause of action shall forever be barred.


X. Indemnity

You shall indemnify, defend, and hold harmless ERS and its affiliates and their respective shareholders, directors, attorneys, members, managers, officers, employees and agents and their respective successors and/or assigns from and against any and all losses, liabilities, claims, suits, damages, judgments, fines, penalties, violations, actions, causes of action, proceedings, demands, costs, and expenses (including, without limitation, reasonable attorney’s fees, court costs, and disbursements) (collectively, “Claims”), arising out of, resulting from, or in connection with, Your use of this Site and/or any third party Sites and/or Your use of the products or services, if any, obtained through Your use of the Site. In any claim subject to indemnification hereunder, ERS shall control the defense (including settlement of claims). ERS shall be permitted to retain legal counsel of its choice in any claim subject to indemnification.


XI. Ownership & Trademarks

The name “rentboy.com” and related names and marks are owned by Easy Rent Systems, Inc., and may not be used in connection with any third-party marks, names, products, services, or otherwise. “rentboy.com” is a registered trademark of Easy Rent Systems, Inc. All other marks and names (including third-party product marks and names) are the property of their respective owners.


XII. User Content

Subject to these terms of use, provisions and conditions, users may post photographs, images, graphics, text, comments, identifying information, video, and other content (“User Content”) to this Site. When placing User Content on this Site, You are reminded that other users of this Site will have full access to all such content and that all such postings are non-confidential. Although legally not permitted to do so, users may copy and further disseminate User Content. You understand and acknowledge that by placing User Content on this Site, all such content may be viewed by and/or forwarded to anyone by anyone and/or retained by anyone and/or utilized by anyone forever (even if User Content is later removed from this Site). User Content could be indexed, referenced, stored and re-published by other users of this Site (even if User Content is removed from this Site to the extent that such other users may have downloaded or otherwise copied information from this site before removal). ERS is not required to implement measures to prevent the copying of User Content by third parties and is not required to take legal action on Your behalf against such third parties.


XIII. Your License to ERS:

Members and Advertisers who post User Content on the Site, grant ERS a nonexclusive, royalty-free, perpetual, irrevocable, and fully transferable, and sub-licensable right to use, reproduce, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media in connection with, the Site or the promotion hereof. You further grant ERS and its sublicensees the right to use the name and likeness(es) of any individuals who appear in such User Content. You represent, warrant and covenant that (A) You own and/or otherwise control all of the rights to the User Content that You post; (B) the User Content is accurate; (C) the use of the User Content You supply does not violate this Site’s terms of use, provisions and conditions and will not cause injury to any person or entity; (D) You represent, warrant and covenant that You have lawfully obtained the necessary consent, release, and/or permission of any individuals who appear in such User Content to use the name and/or likeness of any such individual(s) for use in the User Content in any manner contemplated by the TOU and (E) You shall indemnify, defend and hold harmless ERS for all Claims resulting from User Content You supply. ERS reserves the right, but not the obligation, to monitor, edit, and/or remove any activity and/or User Content. ERS takes no responsibility and assumes no liability for any User Content posted by You and/or any third party.


XVI. Copyrights; Use of Content

All software used to operate or display this Site is the property of ERS or licensed to ERS, and is protected by United States and international copyright laws. The compilation, collection, selection, arrangement, assembly, and coordination of all the text, graphics, photographs, graphs, sounds, data, images, audio, and video clips available on this site except for User Content is the exclusive property of ERS and protected by United States and international copyright laws. © 2009-2015 by Easy Rent Systems, Inc.; ALL RIGHTS RESERVED.

We respect the intellectual property rights of all parties, and have adopted a policy regarding termination of repeat copyright infringers under the Digital Millennium Copyright Act. Copies of Our Repeat Infringer Policy are available on request to Our Members.


XVII. Special Relationships/Third Party Links

Links provided on this Site to third party sites are provided solely as a convenience to You and the provision of a link to a third party site does not constitute an endorsement by ERS of such third party site or its provider or any of the content, products or services contained or offered in such third party site.

ERS makes no representation or warranty, express, implied, or otherwise, concerning the accuracy, availability, or lawfulness of any third party site. The links to each third party Site are provided for reference and are not intended to state or imply that ERS is affiliated or associated with, or legally authorized to use any trade name, trademark, or copyrighted material contained in, such third party site.

ERS may made certain content or features available to end users through affiliate or white label operators. Such content or features are not operated by ERS, and You assume the risk of any access or use of same. You further release ERS of any liability for use of affiliate or white label services.

Please note that when You click on a link to a third party site, You are clicking to another web site. We encourage You to read the privacy statement and policies of those linked sites as their terms and policies may differ from ours. We are not responsible for the terms, policies, or practices or the content of any third party site.


XVIII. No Agency/Employment Relationship

Your use of this Site and the content hereof and/or any third party site and the content thereof, and the provision of any information while using this Site or any third party site (including, without limitation, e-mail services, if any) shall not create and/or constitute any partnership, employment, joint venture, or other business entity relationship between You and ERS. Your relationship with ERS is solely as independent contractor. Members and Advertisers must pay all taxes, fees, or regulatory costs required as a result of any activity related to their involvement with the Site.


XIX. Violations of Terms

ERS reserves the right to block Your access to this Site and terminate Your membership, if ERS determines, in its sole discretion, that You have failed to comply with these terms of use, or related rules, polices, provisions, and conditions. This is in addition to all other remedies ERS may have at law, in equity, or otherwise.


XX. Disclaimer, Limitations & Indemnification

This Site and its contents, and the links to the third party sites and their contents, are provided on a strictly “as-is” and “as-available” basis and without warranties or representations of any kind, express or implied.

To the maximum extent permitted by law, ERS specifically disclaims all representations and warranties, express, implied, or otherwise, including, without limitation, implied warranties of merchantability or fitness for a particular purpose and non-infringement, and implied warranties from course of dealing or performance and any warranties as to results that may be obtained through use of this Site or the third party sites. No information or advice obtained from ERS, whether written or oral, shall create any warranty from ERS.

ERS expects users to take responsibility for their own actions and, accordingly, ERS does not assume any liability whatsoever for the acts of third parties or those posting User Content on the Site and assumes no liability whatsoever for any replies or any actions arising out of any replies to any advertisement posted in the Site. You waive any and all claims, rights, or remedies which You otherwise might have or be able to assert against ERS under all applicable laws, rules, and regulations that arise out of or in any way relate to User Content, Your use of the Site, and ERS’ response or failure to respond to any complaint You may make in connection therewith or otherwise.

ERS does not warrant that the functions contained in the materials furnished on this Site or any third party site will be uninterrupted, available, or error-free, that defects or errors will be corrected, or that this Site will be available, free from viruses or other harmful components. ERS shall not be 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, without limitation, intellectual property or similar rights. Your use of this Site is strictly at Your own risk, which is voluntarily assumed.

Under all circumstances, including, without limitation, negligence and strict product liability, Your use of this Site and the third party sites is solely at Your own risk. ERS shall not be responsible for any direct, indirect, consequential, special, punitive, or other damages (whether liability is asserted in contract, tort, or otherwise), costs or expenses, including, without limitation, lost profits, data, loss of goodwill, loss of or damage to property, or claims of third parties, arising out of, in connection with, or relating to Your use of this Site or any third party site ERS shall not be responsible for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another’s rights, including, without limitation, intellectual property or similar rights. In all events, the maximum liability of ERS to a fee-paying user, if any, shall be the amount such user paid to ERS within the immediately preceding twelve (12) month period.

Should You be dissatisfied with the Site or the content hereof or a third party site and the content thereof, Your sole and exclusive remedy is to discontinue use of this Site or such third party site. To the extent permitted by applicable law, the foregoing remedy shall apply even if ERS knew or should have known of the possibility of damages to You by use of the Site or a third party site.

You agree to indemnify ERS against monetary losses suffered from Your breach of any provision of this TOU, and against any and all claims by third parties arising from your use of the Site or arising from the publication of any User Content on the Site. In the event of any claim subject to indemnification, ERS shall be permitted to select its own legal counsel and compromises claims, after notice to You.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


XXI. LINKS AND LINKING:

  1. Some websites which are linked to the Site are owned and operated by third parties. Because We have no control over such websites and resources, You acknowledge and agree that We are not responsible or liable for the availability of such external websites or resources, and do not screen or endorse them, and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites or resources.
  2. You further acknowledge and agree that We 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 reliance on any such third-party content, goods or services available on or through any such website or resource. If You decide to access any such third party website, You do so entirely at Your own risk and subject to any terms and conditions and privacy policies posted therein.
  3. You further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by this Agreement.
  4. d. Links to external websites (including external websites that are framed by the Site) or inclusions of advertisements do not constitute an endorsement by Us of such websites or the content, products, advertising, or other materials presented on such Site, but are for Your convenience.

You hereby agree to hold Us harmless from any and all damages and liability that may result from the use of links that may appear on the Site or via the Services. We reserve the right to terminate any link or linking program at any time.


XXII. Force Majeure

  1. Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;
  2. War, riot, arson, embargoes, acts of civil or military authority, or terrorism;
  3. Fiber cuts;
  4. Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials;
  5. Failure of the telecommunications or information services infrastructure; and
  6. Hacking, SPAM, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance.


XXIII. Section 230 Notice

You acknowledge Your responsibility to prevent minors under Your care from accessing harmful or inappropriate material. You agree not to allow minors to view any such content, and You agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors’ access to harmful or inappropriate material. Pursuant to 47 U.S.C. § 230(d), You are hereby informed that You can research such services at websites such as: http://www.getwise.org or http://www.child-internet-safety.com/internet_filters.php among others. Please note that We make no representation or warranty regarding any of the products or services referenced on such sites, and We recommend that You conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing Our Website or the content received via Our Services if Your computer or mobile device can be accessed by a minor. Finally, You agree that if You are a parent or guardian of a minor child, it is Your responsibility, not Ours, to keep any age-restricted content on Our Website or Services from being displayed or accessed by Your children or wards.

Pursuant to the Communications Decency Act (“CDA”), 47 U.S.C. § 230(c)(1), and court decisions interpreting the scope of the CDA, You acknowledge and understand that We operate as the provider of an interactive computer service. Thus, We are immune from, and cannot be held responsible for, claims arising from the publication of Your Content (as well as including third party content). We do not create such content, and We are not responsible for the publication of remarks or communications of third parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of material that might be considered defamatory, or violative of privacy or publicity rights. Note, that federal law allows Us to remove any content found to be offensive, defamatory, obscene or otherwise violative of Our policies, without impacting Our status as the provider of an interactive computer service. In the event that any court finds that any third party communication or third party content on Our Website falls outside of the realm of the immunity provided by Section 230 of the CDA, this shall not be deemed to be a waiver of any legal protections provided by Section 230 for any and all other content posted on Our Website. Nothing contained in this Agreement is intended to limit or alter the immunity from claims provided by Section 230 of the Communications Decency Act, and no third parties are intended to benefit from this Agreement between You and Us.

We respect the intellectual property rights of all parties and have adopted a policy regarding termination of repeat copyright infringers under the Digital Millennium Copyright Act. Copies of Our Repeat Infringer Policy are available to Our Advertisers upon request.


XXIIV. Complete Agreement

This Agreement constitutes the entire Agreement between the parties with respect to Your access and use of the Website and the Materials contained therein, and Your Membership with the Website, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matter.

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(212) 376-5300
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