Terms/Conditions & Privacy Statement for RentAFriend.com
Terms of Service & Conditions /Priacy Policy of RentAFriend.com Last updated: April 2, 2012
The Terms and Conditions herein govern your use and access to the website: RentAFriend.com LLC (collectively, will be called "SITE" or "we/our" in the following textual agreement).
These Terms and Conditions also govern your membership to RentAFriend.com if you become a (paying) member or (free) friend which will be described herein. By accessing, using, viewing, reading, printing, installing, or downloading any material from RentAFriend.com, or becoming a member to RentAFriend.com, you agree to be bound by these Terms and Conditions which can change at any time. Please check back at this page to see the current date located on the top of the newest terms and conditions. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act (E-Sign Act). You manifest your agreement to these Terms and Conditions by any act demonstrating your assent thereto, including clicking any button containing the words "I agree" or similar syntax such as searching a zip code for Friends and members on the website. You may submit a paper copy of this transaction and print this form for your personal records. You have the right to withdraw your consent to use the E-Sign Act by emailing us at info at rentafriend dot com at any time. Your consent to use the E-Sign Act is limited to providing the information on this form. Access to this electronic record requires a simple browser program such as Internet Explorer, Firefox or Chrome, any other Internet or Mobile browser and a computer.
These Terms and Conditions are subject to change by RentAFriend.com without prior notice, at any time, in its discretion. Notification of any changes will be posted on this page. The current date above will let you know the most recent changes. You agree to review this page periodically to be aware of such changes. If these changes are unacceptable to you, you must terminate your membership as provided below. Your continued use of RentAFriend.com following the effective date of any such changes constitutes your full acknowledgement and acceptance of these changes.If you do not agree to these Terms and Conditions, you may not enter nor use RentAFriend.com. You must exit RentAFriend.com immediately, you may not use or access RentAFriend.com at all, and you may not print or download any materials from the site. You may use and access RentAFriend.com only in accordance with these Terms and Conditions.
Please consult the Terms and Conditions regularly and read them carefully before using RentAFriend.com. You affirm that you have read this Agreement and understand, agree and consent to its Terms and Conditions stated herein.You are solely responsible for obtaining access to RentAFriend.com and that access may involve third party fees (such as Internet service provider or airtime charges, or internet access). You are responsible for fees, including those fees associated with the display or delivery of all images, graphics, programs, advertisements and such. In addition, you must provide and are responsible for all equipment to access RentAFriend.com. We are not responsible for you gaining access to the internet. You are solely responsible, and liable for your matters connecting to the internet.
I. Images and Content
RentAFriend.com contains images and content, including but not limited to: text, software, images,graphics, data, messages, videos, flash, stories and or any other information, and any other World Wide Web Site owned, operated, licensed, or controlled by RentAFriend.com LLC. (collectively called, "Materials"). All Materials displayed on RentAFriend.com are protected by the First Amendment rights to Free Speech, Free Expression and Freedom of the Press, and parallel provisions of other and all constitutions.
RentAFriend.com is NOT a dating and NOT an escort website. The use of RentAFriend.com is solely for platonic friendships only. There shall be NO physical contact by any means between any members, friends or the combination of members/friends. Any physical contact will immediately void your membership both free or paid, with no refund and immediate cancelation.
You also acknowledge that RentAFriend.com is intended to contain only images, photos, graphics, and content protected by the First Amendment to the United States Constitution. If you are seeking information regarding illegal activities, please leave RentAFriend.com immediately. You are further aware of the community standards of your community, and you will only access the content on RentAFriend.com if you believe, upon diligent investigation, that the content on RentAFriend.com does not violate any community standards prevalent in your neighborhood. You further agree not to use or access RentAFriend.com if doing so would violate the laws of your state, province or country, or violate any personal laws that you have been placed against you by the court of law.
II. Age of Majority and Membership
A. Age of Majority
You represent and warrant you are at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, and that you have the legal capacity to enter into this Agreement. If you are not at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, you must exit RentAFriend.com immediately and may not use or access RentAFriend.com or print or download any materials starting immediately. You agree not to bypass any security and/or access feature on RentAFriend.com. Additionally, RentAFriend.com does not assume any responsibility or liability for any misrepresentations regarding a user's age.
Membership may not be assigned, transferred, or sold to a third party. RentAFriend.com LLC disclaim any and all liability arising from fraudulent entry and use of RentAFriend.com. If a user fraudulently obtains access, RentAFriend.com may terminate membership immediately and take all necessary and appropriate actions under applicable federal, state, and international laws to do so.
III. No Nudity
You acknowledge that all Materials on RentAFriend.com are protected by the First Amendment. RentAFriend.com take’s a strong and definite stance against nudity or sexually explicit photos. There shall be NO nudity, no slight nudity, or any sexual gesturing in photos on the website. RentAFriend.com grants all rights to determine what is appropriate for the website. At any time, photos can be removed without question and without notification.
IV. Access to, Limited License, and Interference with, SITE
To access RentAFriend.com or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of RentAFriend.com that all information you provide must be correct, current, and complete. If RentAFriend.com believes the information you provide is not correct, current, or complete at any time, RentAFriend.com has the right to refuse you access to RentAFriend.com or any of its resources, and to terminate or suspend your access at any time without an explanation or notification. This includes terminating your account for photos we feel do not meet the standards of RentAFriend.com. At any time we can delete, move, crop, or edit a photo to meet our standards. We do NOT own any of the photos, as you are the sole owner of the photos you use on RentAFriend.com, but any photo displayed on RentAFriend.com can be edited without your notification. Most of the time, this editing will strictly be for cropping purposes for the better display of the photos.
B. Limited License
Subject to these Terms and Conditions and in consideration of using RentAFriend.com, RentAFriend.com hereby grants you a limited, nonexclusive, nontransferable personal license to access and use RentAFriend.com and the website contained therein.
RentAFriend.com provides personal, non-commercial use by viewers, fans, visitors, subscribers and/or potential subscribers of the site. Users are defined as (Members & Friends) of the site are granted a single access to the website. This means that you are only allowed to have 1 friend account and 1 member account unless permission has been granted by RentAFriend.com which can be done by emailing info at rentafriend dot com.
Sharing your friend or member account with other people is grounds for immediate termination. By stealing, copying, sharing, or granting member based information to other people will be considered violators of this limited license may be prosecuted to the fullest extent under the applicable law. In other words, if you steal anything from this website including images, text, graphics, photos, your membership will be immediately canceled and we will take legal action.
Except where expressly permitted by law, you may not translate (either language or coding), reverse-engineer, decompile, disassemble or make derivative works from our RentAFriend.com. You hereby agree not to use any automatic device or manual process to monitor or reproduce RentAFriend.com, and will not use any device, software, computer code, hardware or virus to interfere or attempt to disrupt or damage RentAFriend.com or any communications on it. All attempts are logged, including IP address and all other identifiable means and we will contact authorities and take full legal action.
V. Restrictions on Use of SITE
You may use RentAFriend.com only for purposes expressly permitted by the Terms and Conditions of RentAFriend.com. You may not use RentAFriend.com for any other purpose, including any commercial purpose, without RentAFriend.com's express prior written consent. Without the express prior written consent of RentAFriend.com, you may not: duplicate RentAFriend.com or any of the materials contained on the website (except as expressly provided above in Paragraph IV); create derivative works based on RentAFriend.com or any of the Materials contained on the website; use RentAFriend.com or any of the Materials contained on the website for any public display, public performance, copy, website, sale or rental; re-distribute RentAFriend.com or any of the Materials contained on the website including mobile content without the written permission; remove any copyright or other proprietary notices from RentAFriend.com or any of the Materials contained on the website including taking photos or graphics from the site.; frame or utilize any html, php, java, or any other framing techniques in connection with RentAFriend.com or any of the Materials contained on the website; use any meta-tags or any other "hidden text" using RentAFriend.com' name or marks registered or not; circumvent any encryption or other security tools or measures used anywhere on RentAFriend.com (including the theft of user names and passwords or using another person's user name and password or credit card in order to gain access to a restricted area of RentAFriend.com (both for members and for friends); use any data mining, robots, viruses, or similar data gathering and extraction tools on RentAFriend.com; decompile, reverse engineer, modify or disassemble any of the software aspect of the site; sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the materials or any of your rights to access and use the materials as granted in Paragraph IV above including photos, images, graphics, profiles, text.
You agree to cooperate with RentAFriend.com in causing any unauthorized use to cease immediately. At any time, if RentAFriend.com provides a service enabling users to share information or communicate with other users, you hereby agree not to publish, disseminate or submit any defamatory, offensive or illegal material while using RentAFriend.com or other services included on RentAFriend.com. You are solely responsible for submitting any material that violates any United States or International laws even if a claim arises after your service is terminated, and, by doing so, your actions shall constitute a material breach of this Agreement and RentAFriend.com shall terminate all your rights under this Agreement.
You are responsible for providing all equipment and the computer/mobile technology necessary to access RentAFriend.com. You may access the non-public portion of RentAFriend.com only by being a member in good standing to RentAFriend.com. RentAFriend.com reserves the right to modify materials and RentAFriend.com's design at anytime, with or without prior notice. Please check back often to check the date located on the top of the terms and conditions page. You may become a member of RentAFriend.com by completing an online registration form, which must be accepted by RentAFriend, and you must pay the subscription fee (for members only). There is no subscription fee for Friends. Upon submission of the online registration form, RentAFriend.com or its authorized agent will process the application. In connection with completing the online registration form, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member or a friend. If you provide any information that is untrue, inaccurate, not current or incomplete, RentAFriend.com or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, has the right to suspend or terminate your account and refuse any and all current or future use of RentAFriend.com, as well as subjecting you to criminal and civil liability. You are responsible for any related fees that we occur with respect to your account on RentAFriend.com
B. Member Account, Password and Security
As part of the registration process, you will be issued a unique user name and password which you must provide in order to gain access to the non-public portion of RentAFriend.com. You certify that when asked to choose a username you will not choose a name which may falsely represent you as somebody else or a name which may otherwise be in violation of the rights of a third party. We reserve the right to disallow the use of usernames that we, at our sole discretion, that we deem inappropriate. We reserve the right to cancel at any time the membership of any member who uses their selected username in violation of these Terms and Conditions or in any other way we, in our sole discretion, deem inappropriate. Your membership, the ID and password are nontransferable and non-assignable. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to RentAFriend.com to anyone who is below the age of majority in your state, province, or country, or otherwise does not wish to access RentAFriend.com. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. RentAFriend.com will not release your password for security reasons. You agree to (a) immediately notify RentAFriend.com of any unauthorized use of your user name and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of RentAFriend.com until you notify RentAFriend.com by email info at rentafriend dot com regarding that unauthorized use. Unauthorized access to RentAFriend.com is illegal and a breach of this Agreement. You indemnify RentAFriend.com against all activities conducted through your account. You may obtain access to your billing records regarding charges of your use of RentAFriend.com upon request.
C. Membership Fees
Subscriber's subscription to the service will be automatically renewed as stated below upon expirationof the initial term, unless the billing site is notified. Monthly membership renews at the monthly rate if the subscriber (member) has not cancelled within 72 hours prior to expiration. Membership fees to RentAFriend.com are prominently displayed prior to your subscription on the join page. You agree to pay all membership fees when due according to these billing terms. At the time of registration, you must select a payment method. RentAFriend.com reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your credit card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay all amounts due to us immediately upon cancellation or termination of your account. We reserve the right to make changes to our fees and billing methods, including the addition of supplemental charges for any content or services provided by RentAFriend.com, with or without prior notice to you, at any time. This website uses an automatic rebill cycle according to the users selected payment option. If yearly membership is purchased at a non-recurring rate, the member will NOT be charged beyond the first payment.
D. Billing Errors
If you believe that you have been erroneously billed, please notify us immediately of such error. If wedo not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.
E. Members access Limit to contacting friends.
As a member in good standing, you may contact as many friends on the website as you choose. At any time if we feel you are contacting friends for any other use as stated herein, we may terminate or temporarily block your use and or access without any notification or justification. RentAFriend.com monitors all activities both automatic (via website programming) as well as manual (human editors) to maintain proper use and etiquette on RentAFriend.com. If we feel you are violating the terms and conditions we will take all necessary matters to make sure that no friends or members are harassed or spammed.
You may cancel your membership at any time by visiting the billing service you used when you signed up for a membership. You hereby agree to be personally liable for any and all charges incurred by you until termination of membership for goods or services through your use of RentAFriend.com. In the event that your account is canceled by you, no refund, including any membership fees, will be granted; no online time or other credits will be credited to you or can be converted to cash or other form of reimbursement. This Agreement's provisions shall survive its termination, unless otherwise stated. Upon our processing of your request to cancel your membership, you will no longer have access to the non-public areas of RentAFriend.com to which you were a member.
Without limiting other remedies, RentAFriend.com may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and use of RentAFriend.com and refuse to provide our services to you at any time, with or without advance notice, if: (a) RentAFriend.com believes that you have breached any material term of these Terms and Conditions or the documents it incorporates by reference, (b) you fail to pay any amount due by the payment due date; (c) we are unable to verify or authenticate any information you provide to us; (d) we believe that your actions may cause legal liability for you, our users or us; or (e) RentAFriend.com decides to cease operations or to otherwise discontinue any of RentAFriend.com or parts thereof. Further, you agree that neither RentAFriend.com nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to RentAFriend.com. You agree that if your account is terminated by RentAFriend.com, you will not attempt to re-register as a member without prior written consent from RentAFriend.com.
VIII. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF RENTAFRIEND.COM OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. RENTAFRIEND.COM AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. RENTAFRIEND.COM MAKES NO REPRESENTATIONS OR WARRANTIES THAT RENTAFRIEND.COM OR ANY MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SITE MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY OR COMPLETENESS OF RENTAFRIEND.COM OR ANY OF THE MATERIALS CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF RENTAFRIEND.COM OR ANY OF THE MATERIALS CONTAINED THEREIN 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 SUCH MATERIAL AND/OR DATA AND OR USE. YOU UNDERSTAND THAT SITE CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT ALL FRIENDS OR MEMBERS ARE AVAILABLE. RENTAFRIEND.COM DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET OR THE SERVICES OF A FRIEND OR MEMBER YOU MEET OFF OF RENTAFRIENDCOM. RENTAFRIEND.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH RENTAFRIEND.COM OR ANY TRANSACTION ENTERED INTO THROUGH RENTAFRIEND.COM AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES.
SITE OWNERSHIP MAY CHANGE ANY OF THE INFORMATION FOUND AT THIS SITE AT ANY TIME WITHOUT NOTICE INCLUDING THE TERMS OF SERVICE WITHOUT NOTICE. SITE OWNER MAKES NO COMMITMENT TO UPDATE THE INFORMATION FOUND AT THIS SITE. SITE MAKES NO COMMITMENT TO UPDATE THE MATERIALS. THE WARRANTIES AND REPRESENTATIONS SET FORTH IN THIS AGREEMENT ARE THE ONLY WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THIS AGREEMENT, AND ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, THAT MAY ARISE EITHER BY AGREEMENT BETWEEN THE PARTIES OR BY OPERATION OF LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NONE OF THESE WARRANTIES AND REPRESENTATIONS WILL EXTEND TO ANY THIRD PERSON. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
THE PROVISION OF ANY SERVICES WHICH IS IN VIOLATION OF ANY LAWS IS STRICTLY PROHIBITED. IF WE DETERMINE THAT YOU OR ANY USER HAS PROVIDED OR INTENDS TO PURCHASE OR PROVIDE ANY SERVICES IN VIOLATION OF ANY LAW, YOUR ABILITY TO USE RENTAFRIEND.COM WILL BE TERMINATED IMMEDIATELY. WE DO HEREBY DISCLAIM ANY LIABILITY FOR DAMAGES THAT MAY ARISE FROM ANY USER PROVIDING ANY SERVICES FOR ANY PURPOSE THAT VIOLATES ANY LAW. YOU DO HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM ANY LIABILITY THAT MAY ARISE SHOULD YOU VIOLATE ANY LAW. YOU DO ALSO HEREBY AGREE TO DEFEND AND INDEMNIFY US SHOULD ANY THIRD PARTY BE HARMED BY YOUR ILLEGAL ACTIONS OR SHOULD WE BE OBLIGATED TO DEFEND ANY CLAIMS INCLUDING, WITHOUT LIMITATION, ANY CRIMINAL ACTION BROUGHT BY ANY PARTY NOT AFFILIATED WITH THIS SITE. IF YOU ARE SEEKING SERVICES THAT ARE IN VIOLATION OF ANY APPLICABLE LAWS WHATSOEVER, YOU MAY NOT USE THIS SITE AND DO HEREBY AGREE TO EXIT IT IMMEDIATELY.
X. Limitation of Liability
IN NO EVENT SHALL RENTAFRIEND.COM (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF INFORMATION, BUSINESS INTERUPTION, REVENUE, OR GOODWILL, WHICH MAY ARISE FROM ANY PERSON'S USE, MISUSE, OR INABILITY TO USE RENTAFRIEND.COM OR ANY OF THE MATERIALS CONTAINED THEREIN, EVEN IF SITE HAS BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SITE'S MAXIMUM TOTAL AGGREGRATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF A SITE OR SITE FOR A PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless RentAFriend.com, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, hosts and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person's authority including without limitation to governmental agencies, use, misuse, or inability to use RentAFriend.com or any of the Materials contained therein, or your breach of any of these Terms and Conditions. RentAFriend.com shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but are not obligated to do so.
XII. Links and Linking
Some websites which are linked to RentAFriend.com are owned and operated by third parties. Because RentAFriend.com has no control over such websites and resources, you acknowledge and agree that RentAFriend.com is not responsible or liable for the availability of such external websites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites or resources.
XIII. Mark Information
RentAFriend.com and aforementioned names of RentAFriend.com are protected marks of RentAFriend.com LLC. We aggressively defend our intellectual property rights. Other manufacturers' product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks. RentAFriend.com's marks, logos, domains, and trademarks may not be used publicly except with express written permission from RentAFriend.com LLC, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits RentAFriend.com.
XIV. Copyright Information
The Materials accessible from RentAFriend.com, and any other World Wide Web Site owned, operated, licensed, or controlled by RentAFriend.com, is the proprietary information and valuable intellectual property of RentAFriend.com LLC or the party that provided the Materials to RentAFriend.com, and RentAFriend.com or the party that provided the Materials to RentAFriend.com retains all right, title, and interest in the Materials. Accordingly, the Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without the prior written consent of RentAFriend.com. Modification or use of the Content except as expressly provided in these Terms and Conditions violates RentAFriend.com's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to RentAFriend.com. All Materials included on RentAFriend.com, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations, profiles and software is the property of RentAFriend.com or its content suppliers and is protected by United States and international copyright laws. The compilation of all Materials on RentAFriend.com is the exclusive property of RentAFriend.com or its content suppliers and protected by United States and international copyright laws, as well as other laws and regulations.
XV. Notice of Claimed Infringement
RentAFriend.com respects the intellectual property of others, and we ask our users to do the same. We voluntarily observe and comply with the United States' Digital Millennium Copyright Act (DMCA). 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 RentAFriend's Designated Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) 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 a 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 authorized by the copyright owner, its agent, or the law; and
(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 authorized to act on the copyright or intellectual property owner's behalf.
You may send your Notice of Claimed Infringement to: Email: Info at rentafriend dot com Replacing at with @ and dot with .
XVI. Notice and Takedown Procedures
RentAFriend.com implement the following "notice and takedown" procedure upon receipt of any notification of claimed copyright infringement. RentAFriend.com reserve the right at any time to disable access to, or remove any material or activity accessible on or from RentAFriend.com or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of RentAFriend.com to terminate the account of repeat copyright infringers, when appropriate, and RentAFriend.com will act expeditiously to remove access to all material that infringes on another's copyright, according to the procedure set forth in 17 U.S.C. §512 of the Digital Millennium Copyright Act ("DMCA").
RentAFriend.com's DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with Paragraph 19 and §512 of the DMCA, but does comply with three requirements for identifying RentAFriend.com that are infringing according to §512 of the DMCA, RentAFriend.com shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements. When the Designated Agent receives a valid notice, RentAFriend.com will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within 10-14 days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity. RentAFriend.com reserve the right to modify, alter or add to this policy, and all users should regularly check back to these Terms and Conditions to stay current on any such changes.
XVII. Export Control
You understand and acknowledge that the software elements of the Materials on RentAFriend.com may be subject to regulation by agencies of the United States Government, including the United States Department of Commerce, which prohibits export or diversion of software to certain countries and third parties. Diversion of such Materials contrary to United States' or 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 Materials 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.
XVIII. No Agency Relationship
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.
Any notice required to be given under this Agreement may be provided by email to a functioning email address of the party to be noticed, by a general posting on RentAFriend.com, or personal delivery by commercial carrier such as FedEx or Airborne. Notices by customers to RentAFriend.com shall be given by electronic messages unless otherwise specified in the Agreement.
B. Change of Address
Either party may change the address to which notice is to be sent by written/eletronic notice to the other party pursuant to this provision of the Agreement.
C. When Notice is Effective
Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier (e.g., United States Express Mail or Federal Express) shall be deemed delivered on the business day following mailing. Notices mailed by United States Mail, postage prepaid, registered or certified with return receipt requested, shall be deemed delivered five (5) days after mailing. Notices delivered by any other method shall be deemed given upon receipt. Notices by email and facsimile transmission, with confirmation from the transmitting machine that the transmission was completed, are acceptable under this Agreement provided that they are delivered one (1) hour after transmission if sent during the recipient's business hours, or 9:00 a.m. (recipient's time) the next business day. Either Party may, by giving the other Party appropriate written notice, change the designated address, fax number and/or recipient for any notice or courtesy copy, hereunder.
D. Refused, Unclaimed, or Undeliverable Notice
Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the Party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, facsimile machine, email server, or overnight delivery service.
XXI. Force Majeure
RentAFriend.com shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; 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, or any failure of a computer, server or software, for so long as such event continues to delay RentAFriend.com's performance.
XXII. General Provisions
A. Governing Law
These Terms and Conditions and all matters arising out of or otherwise relating to these Terms andConditions shall be governed by the laws of the State of New Jersey, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions. The parties hereby submit to the personal jurisdiction of the state and federal courts of the State of New Jersey. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the state and federal courts located in New Jersey.
B. Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party's breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
C. Binding Arbitration
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 negotiations, then, except as otherwise provided herein, either Party may submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims under applicable worker's compensation law, unemployment insurance claims, actions for injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be conducted in New Jersey and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of these Terms and Conditions; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
F. Attorney's Fees
In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney's fees and costs incurred in connection therewith, including attorney's fees incurred on appeal.
G. No Waiver
No waiver of RentAFriend.com shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. 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 these Terms and Conditions.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms and Conditions.
I. Complete Agreement
These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of RentAFriend.com and the Materials contained therein, and your membership with RentAFriend.com, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of both parties.
RentAFriend.com reserves the right to change any of the provisions posted herein and you agree to review these Terms and Conditions each time you visit RentAFriend.com. Your continued use of RentAFriend.com following RentAFriend.com's posting of any changes to these Terms and Conditions constitutes your acceptance of such changes. RentAFriend.com does not and will not assume any obligation to provide you with notice of any change to these Terms and Conditions. Unless accepted by RentAFriend.com in writing, these Terms and Conditions may not be amended by you.
K. Government Rights
The software elements of the Materials have been developed at private expense and are "commercialcomputer software" or "restricted computer software" within the meaning of the FARs, the DFARs, and any other similar regulations relating to government acquisition of computer software. Nothing contained herein will be deemed to: (1) grant any government agency any license or other rights greater than are mandated by statute or regulation for commercial computer software developed entirely at private expense, or (2) restrict any government rights in any extensions or custom solutions provided hereunder and developed at government expense. You further agree not to upload to RentAFriend.com any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this Agreement.
L. Other Jurisdictions
RentAFriend.com makes no representation that RentAFriend.com or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access RentAFriend.com from such locations do on their own initiative and are solely responsible for compliance with all applicable local laws.
There are 2 separate parts of the website. (Explanation of Friends/Members) Part 1 Terms & Conditions applies to FRIEND(S) Part 2 Terms & Conditions applies to MEMBER(S)
Definitions FRIEND(S) on Rentafriend.com applies to FRIENDS who signup for a free membership to the website. FRIENDS are the people on the website who are willing to become friends to paid members of the website. Their membership on the website is 100% free which allows them to place their profile, photos and contact information on the website.
MEMBER(S) on Rentafriend.com applies to people who pay a membership fee to gain contact information from the FRIENDS in order to contact them for a Date. DATE on RentaFriend.com applies to any meeting of a MEMBER with a FRIEND. RentaFriend.com is not a “dating/personals” website. This website is STRICTLY for friendships. Where a FRIEND can be hired by a MEMBER of the website for their time together. RentaFriend.com does NOT condone sex between MEMBER(S) and FRIEND(S). If someone has tried to solicit you for sex, please contact us immediately and their account will be investigated and upon our investigation will be terminated or denied access to online accounts.
Cookies. In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique cookie on your browser.
Following registration, you can review and change the information you submitted during registration through the Member Service Menu including: Your password and e-mail address. If you change your password and email we keep track of your old password and email. You can also change your registration information such as: name, address, city, state, zip code, country, phone number, profile, likes and dislikes, desired date profile, essays and saves search criteria.
Upon your written request, we will suspend your membership, contact information, and financial information from our active databases. Such information will be suspended as soon as reasonably possible in accordance with our suspension policy and applicable law.
Some ads appearing on this website are delivered to you by 3rd party advertisers. You may also receive emails from 3rd party advertisers to the email provided in your account and your agreement during registration. Information about your visits to this site, such as number of times you have viewed an ad (but not your name, address, or other personal information), is used to serve ads to you.
We will retain in our files information you have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce our terms and conditions. Further, such prior information is never completely removed from our databases due to technical and legal constraints, including stored 'back up' systems. Therefore, you should not expect that all of your personally identifiable information will be completely removed from our databases in response to your requests. Please note that your personally identifiable information will be stored, processed, and retained on our servers in the United States. RentaFriend.com will hold and transmit your information in a safe, confidential and secure environment.
RentaFriend.com treats data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by members inside and outside of the company.
We may change this Policy from time to time based on your comments and our need to reflect our data collection and disclosure practices. All changes to this policy are effective after we provide you with at least 30 days notice.
As a FRIEND on RentaFriend.com your membership to the website will be 100% free. You will signup to the website and provide your alias, zip code, email address, phone number, and some other identifiable information such as pictures and stats. We will never request your home address, or real name. Your email address will NEVER be displayed on the website. Your phone number will only be displayed to paid MEMBER(S) of the website. This is how they will contact you. If they decide to contact you through our website they will do so on our RentaFriend.com online messaging system. They will be able to send you messages and you will be able to reply through an online system. Both of your real email addresses will remain confidential.
All negotiations between you and a MEMBER(S) is your sole responsibility. If you do not want to be contacted by a specific members you have the right to do so.
As a MEMBER of RentaFriend.com you will pay for access to the website. Your paid membership will allow you to contact the FRIEND(S) via their phone number or online messaging system. You will also have access to their reviews and full profile. You as a MEMBER will have access to all FRIENDS on the website and will be able to contact them at your leisure. All of your information will remain 100% private from FRIEND(S). If you contact a FRIEND(S) from the website it is your responsibility to introduce yourself as a MEMBER from the website RentaFriend.com. If you contact a FRIEND(S) from the website messaging system the FRIEND(S) will only see your nickname. Your personal information will remain safe. All access between a paying MEMBER and a FRIEND must be for personal use only. Any attempt to contact any of they FRIEND(S) to solicit business, spam, or offer any service outside of "renting a friend" will be considered breach of the terms and conditions and your account will be canceled without a refund.
If you have any questions feel free contact us at: info (at) rentafriend.com