1.1 This website www.GayEscorts.net is owned and operated by GE services and/or its associates, related parties, successors and assigns (collectively referred to as “Provider”, “us”, “we” or “our”).
(a) persons viewing the Website or otherwise accessing the Website (Visitors); or
(b) persons becoming a member of the Website by registering themselves on the Website, or listing themselves on the Website or posting or causing to be posted their contact details, information or photographs on the Website (Members),
all such persons collectively referred to as “Users”, “you” or “your”.
1.3 The Website contains adult and mature content and is solely for use by adults over the age of 18 years or over the legal age of consent in your respective jurisdiction. By accessing and using the Website, you agree to be bound by the TCS and, subject to Clause 5.1, acknowledge, represent and warrant that you are over 18 years of age or over the legal age of consent in your respective jurisdiction.
1.4 You can review the most current version of the TCS at any time at [insert web page].
1.5 In addition, the use of any Services shall be subject to any posted guidelines or rules applicable to such Services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TCS. The Provider may also offer other services that are governed by different terms and conditions of relevant Service.
2.1 The Services offered by the Provider through the Website include a rich collection of resources and content, including, various communications tools, forums, search services, personalised content and programming through its network of properties, as well as any other features, content or applications offered or made available from time to time by the Provider and/or its licensors through or in connection with the Website.
2.2 The Services may include advertisements or promotions (Advertisements) necessary for the Provider to supply the Services.
2.3 The Services may further include certain communications from the Provider and/or its licensors, such as service announcements and administrative messages. These communications are made to Members and are considered part of the membership of the Website.
2.4 Unless explicitly stated otherwise, any new features, content or applications offered or made available from time to time by the Provider and/or its licensors that augment or enhance the Services, shall be subject to the TCS.
2.5 You understand, acknowledge and agree that the Services are offered, supplied and provided “as-is” and that the Provider assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalised settings.
2.6 You are responsible for obtaining access to the Services 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 the Advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.
3.1 In consideration of your use of the Services, you represent and warrant that:
(a) you are 18 years of age or older or over the legal age of consent in your respective jurisdiction;
(b) you have the capacity to form a binding contract;
(c) you are not a person barred from receiving the Services under the governing laws of the TCS; and
(d) your use of the Services does not violate any applicable law or regulation.
3.2 You further agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by any Service’s registration form (Registration Data); and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
3.3 If you provide any information that is untrue, inaccurate, not current or incomplete, or the Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4.1 You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (Content), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you are solely and entirely responsible for any and all Content that you upload, post, email, transmit or otherwise make available through or in connection with the Services.
4.2 The Provider does not control the Content posted through or in connection with the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content.
4.3 You understand and acknowledge that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Provider be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through or in connection with the Services.
4.4 The Content may from time to time include messages posted by the Provider on the Website including but not limited to the Website’s Blog, Message Board, Video Area, Live Web Cam and Public Message Board. The opinions expressed in these messages are the Provider’s own personal views and are provided for information purposes only. Under no circumstances are such messages intended for any business or commercial-related, income-related or employment-related purposes or activities, including but not limited to any prostitution-related purposes or activities. You are not entitled to rely and/or act upon the messages and/or use them as a basis for any cause of action in law or otherwise.
4.5 You agree to not use the Services to:
(a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) impersonate any person or entity, including, but not limited to, the Provider’s official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(d) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (Rights) of any party;
(f) upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
(g) upload, post, email, transmit or otherwise make available any 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;
(h) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges;
(i) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
(j) intentionally or unintentionally violate any applicable local, state, national or international law;
(k) “stalk” or otherwise harass another; or
(l) collect or store personal data about other Users.
4.6 You acknowledge that the Provider does not pre-screen Content, but that the Provider shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available through or in connection with the Services.
4.7 Without limiting the foregoing, the Provider shall have the right to remove any Content that violates the TCS or is otherwise objectionable.
4.8 You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by the Provider or submitted to the Website, including without limitation information in any Message Boards displayed on the Website, and in all other parts of the Services.
4.9 You acknowledge, consent and agree that the Provider may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the TCS;
(c) respond to claims that any Content violates the rights of third-parties;
(d) respond to your requests for customer service; or
(d) protect the rights, property, or personal safety of the Website, its users and/or the public.
4.10 You understand that the technical processing and transmission of the Services, including your Content, may involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
4.11 You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by the Provider and/or content providers who provide content for the Services.
4.12 You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorised reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
5.1 Recognising the global nature of the Internet, you agree to comply with the governing law of this TCS regarding online conduct and acceptable Content. If you access the Website from outside of the United Kingdom, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
6.1 The Provider does not claim ownership of Content you submit or make available for inclusion on the Website through or in connection with the Services.
6.2 However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Website (as defined in clause 6.3 below), you grant the Provider the following worldwide, sub-licensable, perpetual, transferable, royalty free and non-exclusive licence (Licence), as applicable:
(a) with respect to Content generally, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Website solely for the purposes of providing and promoting the specific Website initiatives, to which such Content was submitted or made available.
(b) with respect to photos, graphics, audios or videos, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such material on the Website solely for the purpose for which such material was submitted or made available.
(c) with respect to Content other than photos, graphics, audios or videos to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
6.3 “Publicly Accessible” areas of the Website are those areas of the Website’s network of properties that are intended by the Provider to be available to the general public, including but not limited to the Website’s Blog, Message Board, Video Area, Live Web Cam and Public Message Board.
6.4 However, publicly accessible areas of the Website does not include portions of the Website that are intended for private communication such as webmail or private messaging, or areas off of the Website’s network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by the Website.
6.5 You represent and warrant that:
(a) you own the Content or otherwise have the right to grant the Licence; and
(b) the Content does not violate the privacy rights, copyright, contract rights or any other rights of any persons, or otherwise breach any injunction, order or other legal ruling.
6.6 You agree to pay for all royalties, fees and any other monies owing to any person by reason of any Content you submit or make available for inclusion on the Website.
6.7 The Website and/or Services contain Content owned by the Provider or by other Users or licensors to the Provider. Except for Content submitted or made available for inclusion on the Website by you, you may not unless to the extent otherwise specifically authorised by the Provider, copy, modify, translate, publicise, reproduce, commercially exploit, broadcast, transmit, distribute, perform, display or sell any Content appearing on or through the Website or the Services. You may retrieve and display Content on a computer screen, print individual pages on paper, photocopy and store such pages in electronic form on disc (but not on any server or other storage device connected to a network) solely for your personal non-commercial use.
7.1 You acknowledge and agree that the Website and any necessary software used in connection with the Website or Services (Software) contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
7.2 You further acknowledge and agree that Content contained in Advertisements or information presented to you through the Service by Advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
7.3 Except as expressly authorised by the Provider or Advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works contained in the Website or the Software, in whole or in part.
7.4 The Provider grants you a personal, non-transferable and non-exclusive right and licence to use the object code of its Software on a single computer provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-licence, grant a security interest in or otherwise transfer any right in the Software.
7.5 You further agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Services.
7.6 You agree not to access the Services by any means other than through the interface that is provided by the Provider for use in accessing the Services.
8.1 The GAYESCORTS.net name, GAYESCORTS.net logo, trademarks and service marks and other GayEscorts.net logos and product and service names (GAY ESCORTS Marks) are trademarks or registered trademarks of the Provider and its affiliated companies. Without express and written prior permission, you agree not to display or use in any manner, the GAYESCORTS.NET Marks.
9.1 The Provider respects the intellectual property of others, and we ask our Users to do the same.
9.2 The Provider may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Provider the following information:
(a) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.
10.1 When you sign up to become a Member, you will receive a password and account designation upon completing a Service’s registration process.
10.2 You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
10.3 You agree to:
(a) immediately notify the Provider of any unauthorised use of your password or account or any other breach of security; and
(b) ensure that you exit from your account at the end of each session.
10.4 The Provider cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
11.1 You acknowledge that the Provider reserves the right to charge for the Services and to change any applicable fees from time to time in its discretion (Fees). If you terminate the use of any Services in which a Fee are payable for any reason whatsoever, or if we terminate the use of any Services under Section 13, you shall not be entitled to a refund of any unused portion of the Fees.
12.1 The Services are for the personal use of Users, or where specified, Members only and may not be used in connection with any commercial endeavours except where and to the extent specifically endorsed or approved by Provider. Illegal and/or unauthorised use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website is strictly prohibited. Commercial advertisements and other forms of solicitation are prohibited. Links may be removed at the Provider’s discretion for any reason and legal action maybe taken for any illegal or unauthorised use of the Services or the Website.
12.2 You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
13.1 You acknowledge that the Provider may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Services, the maximum number of email messages that may be sent from or received by an account on the Services, the maximum size of any email message that may be sent from or received by an account on the Services, the maximum disk space that will be allotted on [insert server name] servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time.
13.2 You agree that the Provider has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Services.
13.3 You acknowledge that the Provider reserves the right to log off accounts that are inactive for an extended period of time.
13.4 You further acknowledge that the Provider reserves the right to modify these general practices and limits from time to time.
14.1 The Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that the Provider shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
15.1 You agree that the Provider may, under certain circumstances and without prior notice, immediately terminate your Website account, any associated email address, and access to the Services.
15.2 Cause for such termination shall include, but not be limited to:
(a) breaches or violations of the TCS or other incorporated agreements or guidelines;
(b) requests by law enforcement or other government agencies;
(c) a request by you (self-initiated account deletions);
(d) discontinuance or material modification to the Service (or any part thereof);
(e) unexpected technical or security issues or problems; and
(f) extended periods of inactivity.
15.3 Termination of your Website account includes:
(a) removal of access to all offerings within the Services, including but not limited to [GayEscorts WebMail, Community Message Boards, Homepages, Private Messaging, Chat, and Personals];
(b) deletion of your password and all related information, files and content associated with or inside your Website account (or any part thereof); and
(c) barring further use of the Services.
15.4 Further, you agree that all terminations for cause shall be made at the Provider’s sole discretion and that the Provider shall not be liable to you or any third party for any termination of your Website account, any associated email address, or access to the Services.
16.1 Your correspondence or business dealings with, or participation in promotions of, Advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Advertiser.
16.2 You agree that the Provider shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Advertisers on the Services.
16.3 In this respect, the Provider does not condone, promote or endorse prostitution. We consider professional escorts to be companions who are paid for their time only. Any information that is posted on the Website by any Advertiser is for entertainment or research purposes only. All descriptions of activities are the responsibility of the persons providing or supplying such descriptions. We assume that all rates quoted are for time only and anything that transpires between consenting adults are between them.
17.1 The Services may provide, or third parties may provide, links to other World Wide Web sites or resources.
17.2 You understand and acknowledge the Provider has no control over such sites and resources.
17.3 In this respect, you also acknowledge and agree that the Provider 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, products, or other materials on or available from such sites or resources.
17.4 You further acknowledge and agree that the Provider 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 Content, goods or services available on or through any such site or resource.
18.1 We will not respond unless required to do so by law to any electronic mail (Email) sent to us which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. We reserve the right to take such action as we in our sole discretion deem fit in respect of such material.
18.2 All Emails received will be taken to be submitted, where appropriate, for publication, free of charge. If you wish to negotiate a fee for the publication of your exclusive material you should email us at [ ] and state your name, address and, if applicable, a contact telephone number, in your e-mail. Your email should clearly state that the material contained in your e-mail has been submitted for the purposes of negotiating a fee for the publication of that material. You should not post the material on the Website, use it in the Services, send it to another email address or to a User or to any other third party.
18.3 We will not disclose any personal information under any circumstances of any staff, employee, contractor or worker of the Provider and/or the Provider’s associates. Where appropriate we will endeavour to respond to all Emails within 3 days of receipt, but we cannot and do not guarantee to respond to any Emails. All Emails will generally be stored for 12 months after which time they will automatically be deleted. Any Email sent to the incorrect destination is liable to be deleted immediately.
20.1 You agree to indemnify and hold the Provider, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Services, your use of the Services, your connection to the Services, your violation of the TCS, or your violation of any rights of another.
21.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) THE PROVIDER MAKES NO WARRANTY THAT:
(i) THE SERVICES WILL MEET YOUR REQUIREMENTS;
(ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE;
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND
(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PROVIDER OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TCS.
22.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROVIDER, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS AND EMPLOYEES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(a) THE USE OR THE INABILITY TO USE THE SERVICES;
(b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES;
(c) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR
(e) ANY OTHER MATTER RELATING TO THE SERVICES.
23.1 You agree that, except as otherwise expressly provided in this TCS, there shall be no third party beneficiaries to this Agreement.
24.1 The Provider may provide you with notices, including those regarding changes to the TCS, by email, regular mail, or postings on the Services.
25.1 This TCS and any non-contractual obligations arising out of or in relation to this TCS shall be governed by and construed in accordance with English law.
26.1 You understand, agree and acknowledge that the courts of England are to have exclusive jurisdiction to settle any dispute (including claims for set-off and counterclaims and disputes relating to any non-contractual obligations) which may arise out of or in connection with this TCS and for such purposes irrevocably submit to the jurisdiction of the English courts.
27.1 The TCS constitute the entire agreement between you and the Provider and govern your use of the Services, superseding any prior agreements between you and the Provider.
27.2 You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services of the Provider, affiliated services, third-party content or third-party software.
28.2 If any provision of the TCS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TCS remain in full force and effect.
29.1 You agree that your Website account is non-transferable and any rights to your Website identification or password or contents within your account terminate upon your death.
30.1 Any violations or infringement of the TCS should promptly be reported by the User using our online form at [insert web page].