TERMS OF USE, PROVISIONS AND CONDITIONS

General

Easy Rent Systems, Inc. (“ERS”) has established these policies, terms of use, provisions and conditions (including, without limitation, our Privacy Policy) (collectively, “terms”) to govern your use of this site and all affiliated sites and every mobile version hereof or thereof (collectively, this “site” or the “Service”) whether or not you are a registered user of this site.  We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms at any time without further notice.  Your use of this site following any such change constitutes your agreement to follow and be bound by these terms of use, provisions and conditions as modified.  For this reason, we encourage you to review these terms of use, provisions and conditions whenever you use this site.

By entering this site, you acknowledge that (i) you have read and understand these terms and that you agree to be bound by these terms of use, provisions and conditions as same may be amended from time to time; (ii) you are over the age of eighteen (18) years of age; (iii) you shall comply with all applicable laws and regulations (including, without limitation, United States export and re-export control laws and regulations); (iv) the disclaimer, limitation of liability and indemnification provisions set forth in these terms of use, provisions and conditions 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; and (v) you are not using this site for the advertising of sex for money or other illegal activities. To the extent that fees are listed for escort services, you acknowledge that such fees are for companionship only.  THIS SITE MAY NOT BE USED FOR THE ADVERTISING OF SEXUAL SERVICES OR TO ENGAGE IN ACTIVITIES REQUIRING THE PAYMENT OF MONEY FOR SEX OR OTHER ILLEGAL ACTIVITIES.  By entering this site, you further acknowledge that you are not a United States Postal Service official, or law enforcement agent, or acting as an agent thereof, attempting to obtain any evidence for the prosecution of any individual or corporation, or for the purpose of entrapment and that you desire to receive sexually explicit material with adult gay content, and haven't notified the United States Postal Service and/or any other governmental or law enforcement agency to intercept sexually explicit material.   If you do not agree to be bound by the terms of use, provisions and conditions herein, you are directed to terminate and discontinue your use of this site immediately. 

STATE OF NEW JERSEY INTERNET DATING SAFETY ACT DISCLOSURE:  If you are a user coming from the State of New Jersey, we are required to notify you that we do not conduct criminal background checks on any user or prospective user or third party.

Escorts with advertisements on this site are independent contractors and ERS has absolutely no relation with said providers other than accepting paid advertisements from them. Your correspondence and/or dealings (business or otherwise) with the escorts found on or through this site are solely between you and such provider. 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 dealings or as the result of the advertisement of such provider on this site.

Printing of any materials from this site is strictly prohibited.  You shall have no rights in and/or to the proprietary software and related documentation or any enhancements or modifications thereto that permit you to access this 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, code and software.  You may in certain instances be permitted to upload information and photographs to this site subject to the express conditions hereof.

These terms of use, provisions and conditions are for the sole benefit of ERS and its affiliates and their respective shareholders, directors, officers, members, managers, employees and agents and their respective successors and assigns.  No third party (including any user of this site) shall have the right to assert a claim under these terms of use, provisions and conditions.  We reserve the right to suspend or terminate your access to this site at anytime for any reason.

Age; Use Restriction; Community Standards

Portions of this site are fee or membership based.  Membership in the Service and use of this site is void where prohibited. 

This site is intended solely for users who are eighteen (18) years of age or older.  Any registration by, use of or access to the site by anyone under the age of eighteen (18) years of age is unauthorized, unlicensed and in violation of these terms of use, provisions and conditions.  This site may contain material and content of a sexually explicit and graphic nature.  If you are under eighteen (18) years of age and/or do not wish to view sexually explicit and graphic material or content, you are directed to discontinue use of this site immediately. 

By viewing this site, you agree that such viewing and reading does not violate the standards imposed by your town, municipality, county, city, state or country.  

By entering this site, you declare pursuant to 28 U.S.C. § 1746 that you are over eighteen (18) years of age and that your confirmation of age is subject to the Electronic Signatures Act.  You are advised that a false declaration may  a criminal offense.   Click here to exit this site.

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.  YOU ARE HEREBY NOTIFIED THAT, TO THE EXTENT REQUIRED BY APPLICABLE LAW, ERS WILL PARTICIPATE IN THE PROPER PROSECUTION OF ALL SUCH INDIVIDUALS AND ENTITIES.

 

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 identification if your use of this site requires password and identification; (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.

Payment Methods

Payment for the services and products, if any, purchased on this site may be made by credit card.  Currently, we accept the following major credit cards: Visa® and MasterCard®.  We may from time to time modify our list of accepted credit cards.  In certain instances, payments may be made by cash, check or money order.  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.  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, your order.  We reserve the right to suspend Service to you in the event you have provided inaccurate or incomplete credit card information.

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.

Pictures are provided for illustration purposes only.

We have used our reasonable efforts to display as accurately as possible the colors of the materials shown on this site.  However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.  We apologize for any inconvenience this may cause you.

Manner of Conduct

You understand that except for the specific advertising programs offered by us 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 scape, monitor, mime or copy any of the web pages of this site or any content hereof.  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:

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 and/or blue-dot any User Content, information and/or material that (i) ERS believes violates these terms or use, provisions and conditions or otherwise breaches your agreements with ERS; (ii) creates any liability whatsoever for ERS (known or unknown); and/or (iii) 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.

Governing Law;  Severability

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 THE STATE, CITY AND COUNTY OF NEW YORK AND YOU IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION OF THE FEDERAL AND STATE COURTS SITTING IN SUCH VENUE.  You hereby consent to the personal jurisdiction of the Federal and State Courts sitting in the State, City and County of New York.

If any provision or portion thereof set forth in these terms of use, provisions and conditions 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.

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 terms of use, provisions and conditions 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.

Indemnity

You shall indemnify, defend and hold harmless ERS and its affiliates and their respective  shareholders, directors, 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 from ERS.

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.

User Content

Subject to these terms of use, provisions and conditions, users may post photographs, images, graphics, comments, identifying information, and other content (“User Content”) to this site.  The foregoing notwithstanding, in no event may any user (A) post User Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”; (B) use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content; and/or (C) post, transmit, or share content on this site that you did not create or that you do not have the right to post, transmit or share.  ERS reserves the right, but not the obligation, to remove or edit such User Content.

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 and non-proprietary and may be disseminated or used for any purpose whatsoever.  You understand and acknowledge that by placing User Content in the public domain, 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 removed from this site).  User Content may be indexed, referenced, stored and re-printed 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).  Users who do not want this information shared should not post such User Content on this site.

Your License to ERS:  If you post User Content on this site, and unless we indicate otherwise, you grant ERS a nonexclusive, royalty-free, perpetual, irrevocable, and fully transferable and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media for any purpose, commercial, advertising, or otherwise, including without limitation on, or in connection with, this site or the promotion hereof.  You grant ERS and its sublicensees the right to use the name  and likeness(es) of any individuals who appear in such User Content posted in a public area of the site in any manner on the site, or any products, merchandise or goods related to the site, or for purposes of advertising or selling, or soliciting purchases of, membership in the Service or products, merchandise or goods related to the site, in each instance, that you submit in connection with such User Content, as they may elect.  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; and (D) 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.

Copyrights; Use of Content

All software used to operate this site is the property of ERS or used under license 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 is the exclusive property of ERS and protected by United States and international copyright laws.  © 2009 by Easy Rent Systems, Inc.; ALL RIGHTS RESERVED.

Copyrighted Material – Alleged Infringement

ERS will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement.  When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content.  On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed.  On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.

How To File a Notification:

A written notification must be made. If you believe that a copyright has been infringed upon, please provide ERS with written, signed notification by certified mail and electronic mail sent to:

Easy Rent Systems, Inc.
6 West 14th Street, Ste. 4W
New York, New York 10011

Electronic Mail: DMCA-Notification@rentboy.com.

The notification must include:  (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iii) information reasonably sufficient to permit ERS to contact you, such as an address, telephone number, and, if available, an electronic mail address; (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement under penalty of perjury that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.  Notification that fails to comply with the foregoing will not constitute knowledge or awareness of infringement.

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.

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.

No Relationship

Except as specifically set forth in these terms of use, provisions and conditions, 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 business, joint venture or other relationship between you and ERS. 

Violations of Terms

ERS reserves the right to block your access to this site if ERS determines, in its sole discretion, that you have failed to comply with these terms of use, provisions and conditions. This is in addition to all other remedies ERS may have at law, in equity or otherwise.  ERS specifically reserves the right to inform law enforcement or other appropriate authorities and provide them with information regarding any suspected illegal activity or bring action against any user of this site.

Disclaimer

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.

We expect our users to take responsibility for their own actions and, accordingly, do not assume any liability whatsoever for the acts of third parties or those posting User Content on 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 this site and our 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.

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 this 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 this site or a third party site.

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