Terms and Conditions for Backpage.xxx
Last Updated: March 21, 2024
Welcome to Backpage.xxx, a digital platform for classified advertising and community engagement, provided by Backpage.xxx LLC and its affiliates (“we”, “us”, or “our”). These Terms and Conditions (“Terms”) govern your access to and use of Backpage.xxx and its content, functionalities, and services (collectively, the “Service”).
Acceptance of Terms
By accessing or using the Service, you confirm your acceptance of these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.
Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page. Your continued use of the Service after any modification becomes effective constitutes your acceptance of the new Terms.
User Conduct
You agree to use the Service only for lawful purposes and in a manner that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Service. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Service.
External Links and Advertisements Disclaimer
Backpage.xxx may contain links to external websites and advertisements from third parties, including but not limited to Listcrawler and various escort services. These links and advertisements are provided for your convenience and information. Backpage.xxx does not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to review the terms and privacy policies of any third-party websites or services that you visit. Interaction with any external links and advertisements found on Backpage.xxx, including those from Listcrawler and other escort services, is solely at your own risk, and Backpage.xxx disclaims all liability related to such content.
Specific Prohibitions
You agree not to:
Use the Service in any way that violates any applicable national, federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
Post or transmit through the Service any material which violates or infringes in any way upon the rights of others, is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law.
Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm us or users of the Service or expose them to liability.
Compliance with FOSTA-SESTA
You acknowledge that we are committed to full compliance with FOSTA-SESTA (Fight Online Sex Trafficking Act and the Stop Enabling Sex Traffickers Act) to combat the use of our platform for illegal activities. You agree not to post content that violates FOSTA-SESTA, including but not limited to content related to sex trafficking, exploitation, or abuse.
Intellectual Property Rights
The Service and its original content, features, and functionality are and will remain the exclusive property of Backpage.xxx and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Backpage.xxx.
User Contributions
The Service may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Service.
By providing any User Contribution on the Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Service.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Governing Law
These Terms shall be governed and construed in accordance with the laws of the jurisdiction in which Backpage.xxx LLC is registered, without regard to its conflict of law provisions. Any legal actions or proceedings relating to your access to, or use of, the Service or these Terms shall be instituted in the competent courts of the same jurisdiction. By using the Service, you consent to submit to the jurisdiction of such courts and waive any objection to the venue in such courts.
Dispute Resolution
Before filing a claim against Backpage.xxx, you agree to try to resolve the dispute informally by contacting us at support@backpage.xxx. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Backpage.xxx may bring a formal proceeding.
Indemnification
You agree to defend, indemnify, and hold harmless Backpage.xxx, its officers, directors, employees, agents, licensors, and suppliers, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Contributions, any use of the Service’s content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Service.
Limitation of Liability
In no event will Backpage.xxx, its affiliates, or their licensors,service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Service, any websites linked to it, any content on the Service or such other websites, including any direct, indirect, special, incidental, consequential,or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
Notwithstanding the foregoing, if Backpage.xxx, its affiliates, or their licensors, service providers, employees, agents, officers, or directors are found to be liable for any damage or loss which arises out of or is in any way connected with your use of the Service or any content, Backpage.xxx’s liability shall in no event exceed $100.00 USD.
Changes to the Service
Backpage.xxx reserves the right to withdraw or amend the Service, and any service or material we provide on the Service, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period.
Changes to the Terms
We may update and change these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.
Entire Agreement
The Terms and our Privacy Policy constitute the sole and entire agreement between you and Backpage.xxx regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.
Your Comments and Concerns
The Service is operated by Backpage.xxx LLC. All feedback, comments, requests for technical support, and other communications relating to the Service should be directed to support@backpage.xxx.