New York, New York - Backpage (2024)

[-] ACCEPTANCE OF TERMS

Backpage provides a collection of online resources, including classifiedads and various email services, (referred to hereafter as "theService") subject to the following Terms of Use ("TOU"). By using the Servicein any way, you are agreeing to comply with the TOU. In addition, when usingparticular our services, you agree to abide by any applicable postedguidelines for all of our services, which may change from time to time.Should you object to any term or condition of the TOU, any guidelines,or any subsequent modifications thereto or become dissatisfied with Backpagein any way, your only recourse is to immediately discontinue use of our service.Backpage has the right, but is not obligated, to strictly enforce the TOUthrough self-help, community moderation, active investigation, litigation andprosecution.

[-] MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwisealter these terms and conditions at any time. Such modifications shall becomeeffective immediately upon the posting thereof. You must review this agreementon a regular basis to keep yourself apprised of any changes. You can find themost recent version of the TOU at:

[-] CONTENT

You understand that all ad postings, messages, text, files, images, photos,video, sounds, or other materials ("Content") posted on, transmittedthrough, or linked from the Service, are the sole responsibility of theperson from whom such Content originated. More specifically, you areentirely responsible for each individual item ("Item") of Content that youpost, email or otherwise make available via the Service. You understand thatBackpage does not control, and is not responsible for Content made availablethrough the Service, and that by using the Service, you may be exposed toContent that is offensive, indecent, inaccurate, misleading, or otherwiseobjectionable. Furthermore, our website contents available throughthe Service may contain links to other websites, which are completelyindependent of Backpage. We makes no representation or warranty asto the accuracy, completeness or authenticity of the information containedin any such site. Your linking to any other webites is at your own risk.You agree that you must evaluate, and bear all risks associated with, theuse of any Content, that you may not rely on said Content, and that under nocirc*mstances will Backpage be liable in any way for any Content or forany loss or damage of any kind incurred as a result of the use of any Contentposted, emailed or otherwise made available via the Service. You acknowledgethat we does not pre-screen or approve Content, but that weshall have the right (but not the obligation) in its sole discretion torefuse, delete or move any Content that is available via the Service, forviolating the letter or spirit of the TOU or for any other reason.

[-] THIRD PARTY CONTENT, SITES, AND SERVICES

The Backpage and Content available through the Service may containfeatures and functionalities that may link you or provide you with accessto third party content which is completely independent of Backpage,including web sites, directories, servers, networks, systems, informationand databases, applications, software, programs, products or services,and the Internet as a whole.

Your interactions with organizations and/or individuals found on or throughthe Service, including payment and delivery of goods or services, and anyother terms, conditions, warranties or representations associated with suchdealings, are solely between you and such organizations and/or individuals.You should make whatever investigation you feel necessary or appropriatebefore proceeding with any online or offline transaction with any of thesethird parties.

You agree that Backpage shall not be responsible or liable for any loss ordamage of any sort incurred as the result of any such dealings. If there isa dispute between participants on this site, or between users and any thirdparty, you understand and agree that Backpage is under no obligation tobecome involved. In the event that you have a dispute with one or more otherusers, you hereby release , its officers, employees, agents andsuccessors in rights from claims, demands and damages (actual andconsequential) of every kind or nature, known or unknown, suspected andunsuspected, disclosed and undisclosed, arising out of or in any way relatedto such disputes and / or our service.

[-] NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutescopyright infringement, or your intellectual property rights have beenotherwise violated, please notify us for notice of claims ofcopyright or other intellectual property infringement ("Agent"), at

[emailprotected]

Please provide us with the following Notice:

a) Identify the material on the Backpage website that you claim isinfringing, with enough detail so that we may locate it on the website;

b) A statement by you that you have a good faith belief that the disputeduse is not authorized by the copyright owner, its agent, or the law;

c) A statement by you declaring under penalty of perjury that (1) the aboveinformation in your Notice is accurate, and (2) that you are the owner ofthe copyright interest involved or that you are authorized to act on behalfof that owner;

d) Your address, telephone number, and email address; and

e) Your physical or electronic signature.

Backpage will remove the infringing posting(s), subject to the the proceduresoutlined in the Digital Millenium Copyright Act (DMCA).

[-] PRIVACY AND INFORMATION DISCLOSURE

Backpage has established a Privacy Policy to explain to users how theirinformation is collected and used, which is located at the following webaddress:

[-] CONDUCT

You agree not to post, email, or otherwise make available Content:

x) that is unlawful, harmful, threatening, abusive, harassing, defamatory,libelous, invasive of another's privacy, or is harmful to minors in any way;

x) that is p*rnographic or depicts a human being engaged in actual sexual conductincluding but not limited to :

sexual intercourse, including genital-genital,oral-genital, anal-genital, or oral-anal, whether between persons of the same oropposite sex, or
bestial*ty, or
masturbation, or
sad*stic ormasoch*stic abuse, or
lascivious exhibition of the genitals or pubic areaof any person;

x) that harasses, degrades, intimidates or is hateful toward an individual orgroup of individuals on the basis of religion, gender, sexual orientation,race, ethnicity, age, or disability;

x) that violates the Fair Housing Act by stating, in any notice or ad forthe sale or rental of any dwelling, a discriminatory preference based onrace, color, national origin, religion, sex, familial status or handicap(or violates any state or local law prohibiting discrimination on thebasis of these or other characteristics);

x) that violates federal, state, or local equal employment opportunitylaws, including but not limited to, stating in any advertisem*nt foremployment a preference or requirement based on race, color, religion,sex, national origin, age, or disability.

x) that impersonates any person or entity, including, but not limited to, aBackpage employee, or falsely states or otherwise misrepresents youraffiliation with a person or entity (this provision does not apply to Contentthat constitutes lawful non-deceptive parody of public figures.);

x) that includes personal or identifying information about another personwithout that person's explicit consent;

x) that is false, deceptive, misleading, deceitful, misinformative, orconstitutes "bait and switch";

x) that infringes any patent, trademark, trade secret, copyright or otherproprietary rights of any party, or Content that you do not have a right tomake available under any law or under contractual or fiduciary relationships;

x) that constitutes or contains "affiliate marketing," "link referral code,""junk mail," "spam," "chain letters," "pyramid schemes," or unsolicitedcommercial advertisem*nt;

x) that constitutes or contains any form of advertising or solicitation if:posted in areas of the Backpage websites which are not designated for suchpurposes; or emailed to Backpage users who have not indicated in writing thatit is ok to contact them about other services, products or commercial interests.

x) that includes links to commercial services or web sites, except as allowedin "services";

x) that advertises any illegal service or the sale of any items the sale ofwhich is prohibited or restricted by any applicable law, including withoutlimitation items the sale of which is prohibited or regulated bylaw.

x) that contains software viruses or any other computer code, files orprograms designed to interrupt, destroy or limit the functionality of anycomputer software or hardware or telecommunications equipment;

x) that disrupts the normal flow of dialogue with an excessive amount ofContent (flooding attack) to the Service, or that otherwise negativelyaffects other users' ability to use the Service; or

x) that employs misleading email addresses, or forged headers or otherwisemanipulated identifiers in order to disguise the origin of Contenttransmitted through the Service.

Additionally, you agree not to:

x) contact anyone who has asked not to be contacted, or make unsolicitedcontact with anyone for any commercial purpose;

x) "stalk" or otherwise harass anyone;

x) collect personal data about other users for commercial or unlawfulpurposes;

x) use automated means, including spiders, robots, crawlers, data miningtools, or the like to download data from the Service - unless expresslypermitted by Backpage;

x) post non-local or otherwise irrelevant Content, repeatedly post thesame or similar Content or otherwise impose an unreasonable ordisproportionately large load on our infrastructure;

x) post the same item or service in more than one classified category or in more than one metropolitan area;

x) attempt to gain unauthorized access to Backpage's servers orengage in any activity that disrupts, diminishes the quality of, interfereswith the performance of, or impairs the functionality of, the Service orthe our website; or

x) use any form of automated device or computer program that enables thesubmission of ad postings on our website without each posting being manuallyentered by the author thereof (an "automated posting device"), includingwithout limitation, the use of any such automated posting device to submitpostings in bulk, or for automatic submission of postings at regular intervals.

x) use any form of automated device or computer program ("flagging tool")that enables the use of Backpage's "flagging system" or other communitymoderation systems without each flag being manually entered by the personthat initiates the flag (an "automated flagging device"), or use theflagging tool to remove posts of competitors, or to remove posts without agood faith belief that the post being flagged violates these TOU;

[-] POSTING AGENTS

A "Posting Agent" is a third-party agent, service, or intermediarythat offers to post Content to the Service on behalf of others. Tomoderate demands on Backpage's resources, you may not use a PostingAgent to post Content to the Service without express permission orlicense from us. Correspondingly, Posting Agents are notpermitted to post Content on behalf of others, to cause Content tobe so posted, or otherwise access the Service to facilitate postingContent on behalf of others, except with express permission orlicense from Backpage.

[-] NO SPAM POLICY

You understand and agree that sending unsolicited email advertisem*nts toBackpage email addresses or through Backpage computer systems, which isexpressly prohibited by these Terms, will use or cause to be used serverslocated in United States. Any unauthorized use of our computer systemsis a violation of these Terms and certain federal and state laws, includingwithout limitation the Computer Fraud and Abuse Act. Such violations may subject thesender and his or her agents to civil and criminal penalties.

[-] LIMITATIONS ON SERVICE

You acknowledge that Backpage may establish limits concerning use of theService, including the maximum number of days that Content will be retainedby the Service, the maximum number and size of postings, email messages, orother Content that may be transmitted or stored by the Service, and thefrequency with which you may access the Service. You agree that Backpagehas no responsibility or liability for the deletion or failure to store anyContent maintained or transmitted by the Service. You acknowledge thatwe reserves the right at any time to modify or discontinue theService (or any part thereof) with or without notice, and that weshall not be liable to you or to any third party for any modification,suspension or discontinuance of the Service.

[-] ACCESS TO THE SERVICE

Backpage grants you a limited, revocable, nonexclusive license to accessthe Service for your own personal use. This license does not include:(+) access to the Service by Posting Agents; or (=>) any collection,aggregation, copying, duplication, display or derivative use of the Servicenor any use of data mining, robots, spiders, or similar data gathering andextraction tools for any purpose unless expressly permitted by Backpage.A limited exception to (=>) is provided to general purpose internet searchengines and non-commercial public archives that use such tools to gatherinformation for the sole purpose of displaying hyperlinks to the Service,provided they each do so from a stable IP address or range of IP addressesusing an easily identifiable agent and comply with our robots.txt file."General purpose internet search engine" does not include a website orsearch engine or other service that specializes in classified listingsor in any subset of classifieds listings which is in the business of providing classifiedad listing services.

Backpage permits you to display on your website, or create a hyperlinkon your website to, individual postings on the Service so long as such useis for noncommercial and/or news reporting purposes only (e.g., for use inpersonal web blogs or personal online media). If the total number of suchpostings displayed or linked to on your website exceeds one hundred (100)postings, your use will be presumed to be in violation of the TOU,absent express permission granted by Backpage to do so. You may alsocreate a hyperlink to the home page of Backpage websites so long as thelink does not portray our site, its employees, or its affiliates in afalse, misleading, derogatory, or otherwise offensive matter.

Backpage offers various parts of the Service in RSS format so that userscan embed individual feeds into a personal website or blog, or view postingsthrough third party software news aggregators. Backpage permits you todisplay, excerpt from, and link to the RSS feeds on your personal websiteor personal web blog, provided that (a) your use of the RSS feed is forpersonal, non-commercial purposes only, (b) each title is correctly linkedback to the original post on the Service and redirects the user to thepost when the user clicks on it, (c) you provide, adjacent to the RSSfeed, proper attribution to 'https://backpage.net' as the source, (d) your use ordisplay does not suggest that Backpage promotes or endorses any thirdparty causes, ideas, web sites, products or services, (e) you do notredistribute the RSS feed, and (f) your use does not overburdenBackpage's systems. We reserves all rights in the content ofthe RSS feeds and may terminate any RSS feed at any time.

Use of the Service beyond the scope of authorized access granted to you byBackpage immediately terminates said permission or license. In order tocollect, aggregate, copy, duplicate, display or make derivative use of thethe Service or any Content made available via the Service for otherpurposes (including commercial purposes) not stated herein, you must firstobtain a license from Backpage.

[-] TERMINATION OF SERVICE

You agree that Backpage, in its sole discretion, has the right (but notthe obligation) to delete or deactivate your account, block your email or IPaddress, or otherwise terminate your access to or use of the Service (or anypart thereof), immediately and without notice, and remove and discard anyContent within the Service, for any reason, including, without limitation,if we believes that you have acted inconsistently with the letter orspirit of the TOU. Further, you agree that Backpage shall not be liableto you or any third-party for any termination of your access to the Service.Further, you agree not to attempt to use the Service after said termination.

[-] PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright lawsand international treaties. Content displayed on or through the Service isprotected by copyright as a collective work and/or compilation, pursuant tocopyrights laws, and international conventions. Any reproduction,modification, creation of derivative works from or redistribution of thesite or the collective work, and/or copying or reproducing the sitesor any portion thereof to any other server or location for furtherreproduction or redistribution is prohibited without the expresswritten consent of Backpage. You further agree not to reproduce,duplicate or copy Content from the Service without the express writtenconsent of Backpage, and agree to abide by any and all copyright noticesdisplayed on the Service. You may not decompile or disassemble, reverseengineer or otherwise attempt to discover any source code contained in theService. Without limiting the foregoing, you agree not to reproduce,duplicate, copy, sell, resell or exploit for any commercial purposes, anyaspect of the Service. Backpage is a registered mark in the U.S. Patentand Trademark Office.

Although Backpage does not claim ownership of content that its users post,by posting Content to any public area of the Service, you automaticallygrant, and you represent and warrant that you have the right to grant, toBackpage an irrevocable, perpetual, non-exclusive, fully paid, worldwidelicense to use, copy, perform, display, and distribute said Content and toprepare derivative works of, or incorporate into other works, said Content,and to grant and authorize sublicenses (through multiple tiers) of theforegoing. Furthermore, by posting Content to any public area of the Service,you automatically grant us all rights necessary to prohibit anysubsequent aggregation, display, copying, duplication, reproduction, orexploitation of the Content on the Service by any party for any purpose.

[-] DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE Backpage SITE AND THE SERVICE IS ENTIRELY ATYOUR OWN RISK. OUR WEBSITE AND THE SERVICE ARE PROVIDED ON AN "ASIS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALLEXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THEWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANDNON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THEFULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW,Backpage DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,TIMELINESS, ACCURACY, AND PERFORMANCE OF OUR WEBSITE AND THESERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIMS ANYWARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR SITEOR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ONBackpage SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, BackpageDISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS INCONNECTION WITH OUR SITE OR THE SERVICE.

Some jurisdictions donot allow the disclaimer of implied warranties. In such jurisdictions, someof the foregoing disclaimers may not apply to you insofar as they relate toimplied warranties.

[-] LIMITATIONS OF LIABILITY

UNDER NO CIRc*msTANCES SHALL Backpage BE LIABLE FOR DIRECT, INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF BackpageHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANYASPECT OF YOUR USE OF OUR SITE OR THE SERVICE, WHETHER THEDAMAGES ARISE FROM USE OR MISUSE OF THE Backpage OR THE SERVICE, FROMINABILITY TO USE OUR SITE OR THE SERVICE, OR THE INTERRUPTION,SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF OUR WEBSITEOR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGESINCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH ORADVERTISED IN CONNECTION WITH Backpage OR THE SERVICE OR ANYLINKS ON THE OUR WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION ORADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH BackpageOR THE SERVICE OR ANY LINKS ON OUR WEBSITE. THESE LIMITATIONS SHALLAPPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

In some jurisdictions,limitations of liability are not permitted. In such jurisdictions, some ofthe foregoing limitation may not apply to you.

[-] INDEMNITY

You agree to indemnify and hold Backpage, its officers, subsidiaries,affiliates, successors, assigns, directors, officers, agents, serviceproviders, suppliers and employees, harmless from any claim or demand,including reasonable attorney fees and court costs, made by any third partydue to or arising out of Content you submit, post or make available throughthe Service, your use of the Service, your violation of the TOU, yourbreach of any of the representations and warranties herein, or yourviolation of any rights of another.

[-] GENERAL INFORMATION

The TOU constitute the entire agreement between you and Backpage andgovern your use of the Service, superceding any prior agreements between youand Backpage. The TOU and the relationship between you and Backpageshall be governed by the laws without regard toits conflict of law provisions. You agree that regardless of any statute or law tothe contrary, any claim or cause of action arising out of or related to useof the Service or the TOU must be filed within one (1) year after suchclaim or cause of action arose or be forever barred.

[-] VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TOU, by flagging the posting(s) forreview, or by emailing to:

[emailprotected]

Our failure to act with respect to a breach by you or others does not waive ourright to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify,if it becomes necessary for Backpage to pursue legal action to enforce theseTerms, you will be liable to pay us the following amounts as liquidateddamages, which you accept as reasonable estimates of Backpage' damages forthe specified breaches of these Terms:

a. If you post a message that (1) impersonates any person or entity; (2)falsely states or otherwise misrepresents your affiliation with a person orentity; or (3) that includes personal or identifying information aboutanother person without that person's explicit consent, you agree to payfine according to Backpage's representatives for each such message.This provision does not apply to Content that constitutes lawful non-deceptiveparody of public figures.

b. If Backpage establishes limits on the frequency with which you mayaccess the Service, or terminates your access to or use of the Service, youagree to pay Backpage the appropriate fine for each message postedin excess of such limits or for each day on which you access the classifieds site inexcess of such limits, whichever is higher.

c. If you send unsolicited email advertisem*nts to Backpage emailaddresses or through Backpage computer systems, you agree to paythe required fine set by Backpage for each such email.

d. If you post Content in violation of the TOU, other than as describedabove, you agree to pay Backpage the amount asked to immediately for eachItem of Content posted. In its sole discretion, we may electto issue a warning before assessing damages.

e. If you are a Posting Agent that uses the Service in violation of theTOU, in addition to any liquidated damages under clause (d), you agree topay Backpage fine for each and every Item you postin violation of the TOU. A Posting Agent will also be deemed an agent ofthe party engaging the Posting Agent to access the Service (the"Principal"), and the Principal (by engaging the Posting Agent inviolation of the TOU) agrees to pay Backpage an additionalpenalty for each Item posted by the Posting Agent on behalf ofthe Principal in violation of the TOU.

f. If you aggregate, display, copy, duplicate, reproduce, or otherwiseexploit for any purpose any Content (except for your own Content) inviolation of these Terms without Backpage's express written permission,you agree to pay asked penalty fine for each dayon which you engage in such conduct.

Otherwise, you agree to pay Backpage's actual damages, to the extent suchactual damages can be reasonably calculated. Notwithstanding any otherprovision of these Terms, Backpage retains the right to seek the remedyof specific performance of any term contained in these Terms, or a preliminaryor permanent injunction against the breach of any such term or in aid of theexercise of any power granted in these Terms, or any combination thereof.