Terms & Conditions of Use

4 September 2024

• Parties To This Agreement And Consideration
• User’s Code Of Conduct
• Grant Of Limited License With Reservations
• Indemnification For Unauthorized Use Of Proprietary Materials
• Limitations On Company’s Liability
• Notices To Company Or Users
• Copyright Issues
• General

1. Parties To This Agreement And Consideration

1.1 The parties to these Terms and Conditions of Use (“Agreement”) are www.nextdoorhottie.com or any affiliated website or mobile version (“Website(s)”) and any photos, text, hyperlinks, interlinks, search engines, and other software thereon (“Materials”), and You, a mere browser of the Websites (“User”). As used in this Agreement, the terms “we” and “us” are used interchangeably to refer to the Company and the Websites; the terms “You” and “Your” are used to refer to You, the User.

1.2 By accessing the Materials and for other good and valuable consideration, the sufficiency of which is acknowledged by You and the Company, You hereby agree to be bound by all the terms and conditions set forth in this Agreement, and You certify to us that You (i) are at least eighteen (18) years of age or older, and are at least the age of majority in your jurisdiction, (ii) have the legal capacity to enter into and agree to this Agreement, (iii) are using the Websites freely, voluntarily, willingly, and for your own personal enjoyment, and (iv) have not been convicted of a felony or any criminal sexual offense, and are not required to register as a sex offender with any government entity.

1.3 You further represent and warrant that You are not 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, nor any other geophysical place or jurisdiction corresponding to a political entity or part thereof in which the access to or use of the Materials would constitute a violation of any law, regulation, rule, or custom (“Prohibited Areas”).

1.4 You also acknowledge and represent that (i) the Materials are intended for distribution exclusively to consenting adults in locations where the Materials do not violate community standards or any federal, state, or local law or regulation, (ii) You know that the Materials contain advertisements for escorting services (“Advertisements”) which are posted by third party individuals who are depicted in the Advertisements or their delegates (“Advertisers”), and (iii) You are not offended by the nature of the Advertisements.

1.5 This Agreement does not apply to Advertisers unless an Advertiser is also accessing the Websites as a user to view Advertisements. Use of the Websites by Advertisers to post Advertisements is governed by our Advertiser Agreement.

1.6 This Agreement is subject to change by the Company at any time and changes shall become effective upon notice to You by changing the 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 attempted alteration shall be void and of no effect.

1.7 Any action on Your part to Bookmark to a page on these Websites whereby the Warning Page, the Age Verification Page, and/or the Terms and Conditions of Use Page is bypassed shall constitute an implicit acceptance by You of all the terms and conditions set forth herein.

2. User’s Code Of Conduct

You agree, warrant, and covenant to use the Websites in accordance with all applicable federal, state, or local laws and regulations, including those against human trafficking, illegal prostitution, or other illegal activities. In relation to Your use of the Websites, whether on the Websites or offline, You will not infringe any third party’s rights nor engage in harassment or any other offensive or disruptive behavior, as determined in our sole discretion. You will not engage, attempt to engage, or assist another in engaging or attempting to engage in any other prohibited use, including, without limitation: (1) permitting other individuals to directly or indirectly use the Materials, except in a manner authorized by us; (2) modifying, translating, reverse engineering, decompiling, disassembling the Materials (except to the extent applicable laws specifically prohibit such restriction); (3) making copies or creating derivative works based on the Materials except as provided herein; (4) renting, leasing, or transferring any rights in the Materials; (5) removing any proprietary notices, including copyright and trademark notices, or labels on the Materials; and (6) making any other use of the Materials not specifically authorized by the Company. You must not use the Websites if you seek to engage in any illegal activities, whether on the Websites or offline. We cooperate with law enforcement, pursuant to appropriate process, such as a subpoena, in investigating criminal activity. You agree and acknowledge that, in our sole discretion we may, but are under no obligation to, 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 any illegal activity. Please report any violations of this Code of Conduct to us at support@nextdoorhottie.com.

3. Grant Of Limited License With Reservations

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

3.2 All the affiliated websites, trade names, and logos of the Company, including, but not limited to, those contained in Trademarks/IP, are the trade or service marks of the Company. No use of these marks shall be permitted except through the prior written authorization and permission of Company. All rights reserved. The license above does not include a license to use our trade or service marks.

4. Indemnification For Unauthorized Use Of Proprietary Materials

You agree to be personally liable and fully indemnify the Company and its successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any attempted or actual unauthorized downloading or other duplication of the Materials by You alone, or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of the Materials from the Websites including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney’s fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).

5. Limitations On Company’s Liability

5.1 You acknowledge and agree that Company shall not be held responsible in any way for the outcome of any contact or meeting, whether in person, by telephone, or any other means, with any Advertiser or any other third party, in relation to any Advertisements or through any other viewing or use, directly or indirectly, of the Websites or the Materials. You further acknowledge and agree that, other than the age and identity verifications of Advertisers as set forth herein or in the Advertiser Agreement, the Company does not conduct any further screening of any Users or Advertisers, and the Company has no control over their actions and makes no representations or warranties with respect to the character, veracity, age, health, or any other attribute thereof. You further acknowledge and agree that the Company does not endorse, encourage, recommend, or arrange communications or meetings among Users, Advertisers, or any third parties, and You are expected to use common sense and take appropriate measures and precautions to insure Your own personal safety and privacy in the event that You choose to communicate with, or meet with any third party in relation to any Advertisements or through any other viewing or use, directly or indirectly, of the Websites or the Materials.

5.2 You agree that Materials and all other services provided to You by Company are provided on an “AS IS” basis, without warranties of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement. The entire risk as to the quality and performance of the Materials and all services provided by Company is borne by You. Should the Materials or any other service provided by Company prove defective and/or cause any damage to Your computer or inconvenience to You, You, and not Company, assume the entire cost and all damages which may result from any and all such defects. Under no circumstances and under no cause of action or legal theory, shall Company, its suppliers, licensees, resellers, or other Users or Advertisers, or their suppliers, licensees, resellers, or customers be liable to You or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any viruses, worms, trojan horses, or other destructive software, or from Your use of the Websites whatsoever. This disclaimer of warranty constitutes an essential part of the Agreement. Some states do not allow exclusions of an implied warranty, so this disclaimer may not apply to You and You may have other legal rights that vary from state to state or by jurisdiction.

5.3 Any liability of Company, including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause or action, shall be strictly limited to one hundred dollars ($100). Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to You.

5.4 No warranty is made by Company regarding any information, services, or products provided through or in connection with the Websites or the Advertisements, and Company hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the availability, accuracy, or content of the Materials, and any information, products, or services offered in the Advertisements; 2) any warranties of merchantability or fitness for a particular purpose. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to You.

5.5 You acknowledge that use of the Websites and any services offered in the Advertisements is at Your own risk. We do not represent or endorse the accuracy of reliability or legality of any services offered in the Advertisements. Company is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any Advertisement. You further acknowledge that, while we reserve the right to, 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.

5.6 Some of the Materials might be accessed by You via hyperlinks which will connect You to third-parties, or to third-party websites. We have no editorial control or supervision over selection or display of the content provided by those third parties or those third-party websites and those parties are solely responsible and liable for that content.

6. Notices To Company Or Users

Notices from the Websites to authorized Users may be given by means of electronic messages or by general posting on the Websites. Communications from You to the Company may be made by electronic messages to support@nextdoorhottie.com unless otherwise specified in the Agreement.

7. Copyright Issues

We respect the intellectual property rights of all parties and voluntarily comply with the Digital Millennium Copyright Act (“DMCA”). We do not permit copyright infringing activities or infringement of other intellectual property rights on Nextdoorhottie, and we will remove all user-generated content if properly notified that the user-generated content infringes on a third party’s copyrights. We have adopted a policy regarding termination of repeat copyright infringers in compliance with the DMCA, and we reserve the right to terminate a user’s access to Nextdoorhottie, in accordance with our DMCA Policy or Repeat Infringer Policy. Copies of our Repeat Infringer Policy are available to registered Users upon request. Information regarding submission of a notice of infringement under the DMCA can be found here: DMCA Notice & Takedown Policy. Abuse of the DMCA Notice & Takedown Policy shall constitute a breach of this Agreement.

8. General

8.1 This Agreement contains the entire agreement between You and Company regarding use of the Websites, and all Materials directly and indirectly related thereto, including the Advertisements. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Company.

8.2 The parties agree that this Agreement shall be governed by and construed in accordance with the laws of Switzerland as applied to agreements between Switzerland residents entered into and to be performed within Switzerland. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If there is a dispute between the parties arising out of or otherwise relating to this Agreement, the parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the parties are unable to resolve the dispute through direct or informal negotiations, then as the parties’ sole method of resolving such dispute, the dispute shall be finally settled under the Rules of Arbitration of the Zurich Chamber of Commerce by one arbitrator, knowledgeable in Internet and e-Commerce disputes, appointed in accordance with said rules. The proceedings shall take place in Zurich and shall be held in the English Language, excepting only claims for which injunctive relief is properly sought which must be in a court of competent jurisdiction located in Zurich.

8.3 If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.

8.4 We may assign any rights or delegate any performance under this Agreement without notice to You. You will not assign, delegate, or sublicense any of Your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.

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

8.6 This Agreement inures to the benefit of, and is binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under this Agreement.

8.7 We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics; pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.

8.8 You agree to be bound by any affirmation, assent, or agreement you transmit through the Websites. You agree that when in the future You click on an “I agree,” “I consent,” or other similarly worded button, check box, or entry field with Your mouse, keystroke, or other computer device, Your agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.

8.9 We have written this Agreement and our associated website policies in the English language. You are representing Your understanding and assent to the English language version of this Agreement as it is published. We are not liable to You or any third party for any costs or expenses incurred in translating this Agreement. In the event that You choose to translate this Agreement, You do so at Your own risk, as only the English language version is binding.

8.10 You understand and acknowledge that the software elements of the Websites may be subject to regulation by governmental agencies which prohibit 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 other violation of applicable laws and regulations. You warrant that You will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that You will abide by 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 proscribed or embargoed countries or their nationals or be used for proscribed activities.

8.11 Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.

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

8.13 All headings are solely for the convenience of reference and shall not affect the meaning, construction, or effect of this Agreement.

8.14. We make no representation that Nextdoorhottie is appropriate or available for use in all locations. You may not access or use Nextdoorhottie from territories where their contents may be illegal or is otherwise prohibited. Those who choose to access and use Nextdoorhottie from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in this Agreement shall be interpreted as an admission that that we are subject to the laws of any nation besides Switzerland.

8.15. The services offered by Nextdoorhottie are VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You use Nextdoorhottie while located in a prohibited jurisdiction, You will be in violation of the law of such jurisdiction and this Agreement, and subject to having Your account suspended or terminated without any notice to You. You hereby agree that we cannot be held liable if laws applicable to You restrict or prohibit Your participation. We make no representations or warranties, implicit or explicit, as to Your legal right to participate in any services offered on Nextdoorhottie, nor shall any person affiliated, or claiming affiliation, with us have authority to make any such representations or warranties. We reserve the right to restrict access to and use of Nextdoorhottie in any jurisdiction.