Terms and Conditions

By accessing the Materials and in consideration of other valuable benefits, the sufficiency of which is acknowledged by both You and the Company, You agree to be bound by all the terms and conditions outlined in this Agreement. You certify that (i) you are at least eighteen (18) years old or older and have reached the age of majority in your jurisdiction, (ii) you possess the legal capacity to enter into and agree to this Agreement, (iii) you are using the Websites freely, voluntarily, and for your own personal enjoyment, and (iv) you have not been convicted of a felony or any sexual offense and are not required to register as a sex offender with any governmental authority.

You further represent and warrant that you are neither a resident of nor located in Afghanistan, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, the Republic of China, Singapore, Saudi Arabia, Syria, the United Arab Emirates, or any other geographical area or jurisdiction where accessing or using the Materials would violate any law, regulation, rule, or custom (“Prohibited Areas”).

Additionally, you acknowledge and represent that (i) the Materials are intended solely for distribution to consenting adults in locations where they do not violate community standards or any applicable federal, state, or local laws or regulations, (ii) you are aware that the Materials include advertisements for escort services (“Advertisements”) posted by third-party individuals depicted in the Advertisements or their representatives (“Advertisers”), and (iii) you are not offended by the nature of these Advertisements.

This Agreement does not apply to Advertisers unless they are also accessing the Websites as users to view Advertisements. The use of the Websites by Advertisers to post Advertisements is governed by our Advertiser Agreement.

The Company reserves the right to modify this Agreement at any time, with changes taking effect upon notification to you through an updated Last Updated date at the top of this Agreement. You may not alter, delete, add, change, or edit any of these terms and conditions, and any such attempts will be deemed void and ineffective.

Any action on your part to bookmark a page on these Websites that bypasses the Warning Page, the Age Verification Page, and/or the Terms and Conditions of Use Page will be considered an implicit acceptance of all the terms and conditions set forth herein.

You agree, warrant, and covenant to utilize the Websites in accordance with all applicable federal, state, and local laws and regulations, including those prohibiting human trafficking, illegal prostitution, and other unlawful activities. In connection with your use of the Websites, whether online or offline, you will not infringe upon any third party’s rights or engage in harassment or any other offensive or disruptive behavior, as determined at our sole discretion. You will not engage in, attempt to engage in, or assist others in engaging in any prohibited uses, including, but not limited to: (1) allowing others to use the Materials directly or indirectly, except in a manner authorized by us; (2) modifying, translating, reverse engineering, decompiling, or disassembling the Materials (unless applicable laws specifically prohibit such restrictions); (3) making copies or creating derivative works based on the Materials, except as permitted herein; (4) renting, leasing, or transferring any rights in the Materials; (5) removing any proprietary notices, including copyright and trademark notices, from the Materials; and (6) making any other use of the Materials not expressly authorized by the Company. You must refrain from using the Websites if you intend to engage in any illegal activities, whether online or offline. We cooperate with law enforcement in investigating criminal activity, pursuant to appropriate legal processes such as subpoenas. You acknowledge that we may, at our sole discretion, prevent access to or terminate your right to use the Websites if we reasonably suspect that you have violated any provision of this Agreement or engaged in illegal activity. Please report any violations of this Code of Conduct to us.

You acknowledge and agree that the Materials are proprietary and constitute valuable copyrights, trademarks, and other intellectual property owned by the Company or its Advertisers. Except in the Prohibited Areas, we grant you a limited, non-exclusive, non-transferable, revocable license to privately and non-commercially access, view, receive, and use the Materials, as authorized by us. We do not permit access to any part of the Websites in any manner contrary to the express provisions of this Agreement. This license will automatically terminate immediately if you fail to comply with the limitations described herein, breach any other provision of this Agreement, or receive notification of its termination from the Company or its authorized agent(s). Upon such termination, you agree to immediately destroy all copies of the Materials in your possession.

The affiliated websites, trade names, and logos of the Company, including those contained in Trademarks/IP, are the trade or service marks of the Company. No use of these marks is allowed without the prior written authorization and permission of the Company. All rights are reserved. The license granted above does not include a license to use our trade or service marks.

You agree to be personally liable and fully indemnify the Company and its successors and assigns for any and all damages, whether direct, indirect, or consequential, arising from any attempted or actual unauthorized downloading or duplication of the Materials by you, whether alone or in collaboration with any other individuals, including any governmental agency. Such damages include, but are not limited to, all direct and consequential damages resulting from the unauthorized downloading of the Materials from the Websites, including losses of revenue, property loss, fines, attorney's fees, and costs, as well as damages resulting from prosecution and/or government-imposed seizures, forfeitures, and injunctions.

You acknowledge and agree that the Company is not responsible for the outcomes of any contact or meeting, whether in person, by telephone, or through any other means, with any Advertiser or third party regarding any Advertisements or any other viewing or use of the Websites or Materials, either directly or indirectly. Furthermore, you acknowledge that, aside from the age and identity verifications of Advertisers as outlined in this Agreement or the Advertiser Agreement, the Company does not perform any additional screening of Users or Advertisers. The Company has no control over their actions and makes no representations or warranties regarding their character, truthfulness, age, health, or any other attributes. Additionally, you agree that the Company does not endorse, encourage, recommend, or facilitate communications or meetings between Users, Advertisers, or any third parties. You are expected to use common sense and take appropriate precautions to ensure your personal safety and privacy if you choose to communicate with or meet any third party in relation to any Advertisements or any other viewing or use of the Websites or Materials.

You agree that the Materials and all other services provided by the Company are offered on an 'AS IS' basis, without any warranties of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume all risks related to the quality and performance of the Materials and services provided by the Company. If the Materials or any other service provided by the Company are defective or cause any damage to your computer or inconvenience, you will bear the full cost and any damages resulting from such defects. Under no circumstances, and regardless of the cause of action or legal theory, shall the Company, its suppliers, licensees, resellers, or other Users or Advertisers, or their suppliers, licensees, resellers, or customers be liable to you or any other individual for any indirect, special, incidental, or consequential damages of any kind, including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any commercial damages resulting from viruses, worms, Trojan horses, or other destructive software, or from your use of the Websites. This disclaimer of warranty is a fundamental part of this Agreement. Some states do not permit the exclusion of implied warranties, so this disclaimer may not apply to you, and you may have additional legal rights that vary by state or jurisdiction.

Any liability of the Company, including but not limited to failures in performance, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication line failures, theft, destruction, or unauthorized access to, alteration of, or use of records, whether arising from breach of contract, tort, negligence, or any other cause of action, shall be strictly limited to one hundred dollars ($100). Some states do not allow limitations or exclusions of liability for incidental or consequential damages, so this limitation may not apply to you.

The Company makes no warranties regarding any information, services, or products provided through or in connection with the Websites or Advertisements, and expressly disclaims all warranties, including but not limited to: (1) any warranties regarding the availability, accuracy, or content of the Materials and any information, products, or services offered in the Advertisements; and (2) any warranties of merchantability or fitness for a particular purpose. Some states do not allow the exclusion of implied warranties, so this exclusion may not apply to you.

You acknowledge that your use of the Websites and any services offered in the Advertisements is at your own risk. We do not represent or endorse the accuracy, reliability, or legality of any services offered in the Advertisements. The Company is not liable for damages resulting from the dissemination, failure to disseminate, or incorrect or inaccurate dissemination of any Advertisement. You further acknowledge that, while we reserve the right to do so, we are not obligated to screen, endorse, monitor, control, investigate, supervise, or remove any Advertisements. You release us from any and all liability and responsibility in connection with any Advertisement.

Some Materials may be accessed by you through hyperlinks that connect you to third parties or third-party websites. We have no editorial control or oversight over the selection or display of content provided by those third parties or third-party websites, and those parties are solely responsible and liable for that content.

Notifications from the Websites to authorized Users may be delivered through electronic messages or by general announcements on the Websites. Communications from you to the Company can be sent via electronic messages to [email protected], unless otherwise stated in the Agreement.

We honor the intellectual property rights of all parties and fully comply with the Digital Millennium Copyright Act (“DMCA”). We do not allow copyright infringement or violations of other intellectual property rights on Xgigs, and we will remove any user-generated content if we are properly notified that it infringes on a third party’s copyrights. We have implemented a policy for terminating repeat copyright infringers in accordance with the DMCA, and we reserve the right to revoke a user’s access to Xgigs based on our DMCA Policy or Repeat Infringer Policy. Copies of our Repeat Infringer Policy are available to registered Users upon request. Misuse of the DMCA Notice & Takedown Policy will be considered a violation of this Agreement.

This Agreement constitutes the complete understanding between you and the Company regarding your use of the Websites and all Materials related to it, including Advertisements. This Agreement overrides all previous written and oral agreements, understandings, and representations, and can only be modified with notice from the Company.

The parties agree that this Agreement will be governed by and interpreted in accordance with the laws of Switzerland, as applied to agreements between residents of Switzerland that are entered into and performed within Switzerland. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. In the event of a dispute arising from or related to this Agreement, the parties will meet and negotiate in good faith to attempt to resolve the issue. If the parties cannot resolve the dispute through direct or informal negotiations, the dispute will be finally settled under the Arbitration Rules of the Zurich Chamber of Commerce by one arbitrator with expertise in Internet and e-Commerce disputes, appointed according to those rules. The arbitration proceedings will take place in Zurich and will be conducted in English, except for claims seeking injunctive relief, which must be filed in a court of competent jurisdiction in Zurich.

If any provision of this Agreement is found to be unenforceable for any reason, that provision will be modified only to the extent necessary to make it enforceable. Unless explicitly stated otherwise, the provisions of this Agreement will survive its termination.

We may assign any rights or delegate any obligations under this Agreement without notifying you. You may not assign, delegate, or sublicense any of your rights or responsibilities without our prior written consent. Any attempted assignment or delegation that violates this provision will be considered void.

All rights and remedies provided in this Agreement are cumulative and not exclusive. The assertion of any right or remedy by a party does not preclude the assertion of any other rights or the pursuit of any other remedies available at law, in equity, by statute, or in any other agreement between the parties.

This Agreement benefits and binds the parties and their respective successors and assigns. This section does not address whether a party may assign its rights or delegate its obligations under this Agreement.

We are not liable for any failure to perform due to unforeseen circumstances or causes beyond our reasonable control, including but not limited to: Acts of God, such as fires, floods, earthquakes, hurricanes, or other natural disasters; epidemics; pandemics; war, riots, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes; or shortages in transportation, facilities, fuel, energy, labor, or materials; failures in telecommunications or information services infrastructure; hacking, spam, data breaches, malware, or any failures of computers, servers, networks, or software, as long as the event continues to delay our performance; and unlawful acts by our employees, agents, or contractors.

You agree to be bound by any affirmation, consent, or agreement you transmit through the Websites. You acknowledge that when you click on an “I agree,” “I consent,” or similarly worded button, checkbox, or entry field using your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable, equivalent to your handwritten signature.

We have drafted this Agreement and our related website policies in English. You represent that you understand and agree to the English version of this Agreement as published. We are not liable for any costs or expenses incurred in translating this Agreement. If you choose to translate this Agreement, you do so at your own risk, as only the English version is binding.

You understand that the software components of the Websites may be subject to government regulations that prohibit the export or diversion of software and other goods to certain countries and third parties. Diversion of such elements contrary to international law is prohibited. You will not assist or participate in any such diversion or violation of applicable laws and regulations. You warrant that you will not license or otherwise allow anyone not authorized to receive controlled commodities under applicable laws and regulations, and that you will comply with such laws and regulations. You agree that none of the elements are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to prohibited or embargoed countries or their nationals or used for prohibited activities.

Nothing in this Agreement shall be construed to create, imply, or recognize a partnership, employment relationship, joint venture, or any formal business entity of any kind; the rights and obligations of the parties shall be limited to those expressly stated herein.

No waiver or action taken by us shall be considered a waiver of any subsequent default of the same provision of this Agreement. If any term, clause, or provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, that invalidity will not affect the validity or operation of any other term, clause, or provision, and the invalid term, clause, or provision will be deemed severed from this Agreement.

All headings are for convenience only and shall not affect the meaning, interpretation, or effect of this Agreement.

We make no representation that Xgigs is suitable or available for use in all locations. You may not access or use Xgigs from jurisdictions where its contents may be illegal or otherwise prohibited. Those who choose to access and use Xgigs from such locations do so at their own initiative and are solely responsible for ensuring compliance with all applicable local laws. Nothing in this Agreement should be interpreted as an admission that we are subject to the laws of any country other than Switzerland.

The services offered by Xgigs are VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you use Xgigs while located in a prohibited jurisdiction, you will be violating the laws of that jurisdiction and this Agreement, and your account may be suspended or terminated without notice. You agree that we cannot be held liable if the laws applicable to you restrict or prohibit your participation. We make no representations or warranties, either implicit or explicit, regarding your legal right to participate in any services offered on Xgigs, nor does anyone affiliated with us have the authority to make such representations or warranties. We reserve the right to restrict access to and use of Xgigs in any jurisdiction.