Terms and Conditions
1. INTRODUCTION; AND THE PARTIES
1.1 The website https://girlvisor.com is an online classifieds advertising platform (hereinafter the Platform), for advertisers who wish to advertise companionship, escorting or other personal services (Advertisers); and for visitors to view ads to find a provider of such services of their choice (Visitors) and for members to register for an account as a website member (Members) to view ads to find a provider of such services of their choice and to post reviews on the Platform. Advertisers, Visitors and Members are individually also referred to as a User and collectively as Users.
1.2 The Platform is operated and managed by Impulso Servicos Digitais LTDA (CNPJ 67.063.112/0001-62) (Rua Visconde de Piraja, 00414, Sala 718, Ipanema, Rio de Janeiro – RJ, Brazil, CEP 22410-905).
1.3 These Terms and Conditions are made by and between you, as a User, and us, as the Company. As used in these Terms and Conditions, the terms “we” and “us” are used to refer to the Company and the terms “you” and “your” are used to refer to you as a User.
2. ACCEPTANCE, WARRANTIES AND FUTURE CHANGES
2.1 You hereby agree to be bound by all of the provisions in these Terms and Conditions that apply to you; and you may not pick and choose provisions that you are willing to accept and provisions that you are not willing to accept. If you do not agree to all of the provisions of these Terms and Conditions that apply to you, you must stop all access to and cease all use of the Platform.
2.2 You herewith represent and warrant to us that you are at least 18 (eighteen) years of age and, in case the age of majority in your jurisdictions is over 18 (eighteen), you are at least the age of majority in your jurisdiction.
2.3 You herewith represent and warrant to us that you have the legal capacity to enter into and agree to these Terms and Conditions.
2.4 These Terms and Conditions are subject to modification from time to time by us in our sole discretion and any modifications shall enter into effect as from the date of ‘last update’ shown at the top of these Terms and Conditions.
3. THE SERVICES
3.1 The Platform is used by Advertisers from within various jurisdictions and the services of the Company actually only consist of providing a facility for Advertisers to post advertisements, including all text, photographs, video, graphics, website and social media links, stage name(s), characters, personas, biographical data, contact information, and other materials or information contained therein, which they have compiled by themselves, for Visitors and Members to view such advertisements to find an adult entertainer of their choice and for Members, in addition to view such advertisements to find an adult entertainer of their choice, to post reviews (the Services). The contents of advertisements and reviews qualify as so-called User Generated Content.
3.2 The Platform and the Company are not an escort agency or intermediary or the like, and are not involved in establishing contact between Advertiser and Visitor or Member and is no part of any arrangement between these parties.
4. PRIVACY
4.1 In addition to these Terms and Conditions, the Company has established a Privacy Policy. By accepting these Terms and Conditions, you also acknowledge and agree to our Privacy Policy.
5. ANTI-TRAFFICKING, ANTI-ABUSE AND LAW ENFORCEMENT COOPERATION
5.1 You agree, represent and warrant to us to use the Platform and our Services in accordance with any local laws and regulations, including those against sex trafficking, any form of illegal prostitution, or other illegal activities, and in accordance with these Terms and Conditions. In using our Platform you will not violate or 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. Anybody who is seeking to engage in any illegal activities is not allowed to use the Platform.
5.2 You acknowledge and agree that, in case we reasonably suspect that you have violated any provision of these Terms and Conditions or are engaged in any illegal activity, we may actively engage with law enforcement authorities and we also use to cooperate with such authorities, pursuant to any proper information request, in the context of any investigation by law enforcement authorities in relation to any possible illegal activity.
6. ADVERTISER ACCOUNT
6.1 All Advertisers must register as an advertiser by establishing an advertiser account (Advertiser Account) through the Platform. Within an Advertiser Account, you, as an Advertiser, can create an advertisement in the form of a profile (Profile) to offer your own companionship, escorting or other personal services. Advertisers may also be designated by one or more individuals who wish to provide such services (Providers) to create a Profile at their request and on their behalf. During the process of establishing an Advertiser Account, and creating a Profile within a new or an existing Advertiser Account, the Company may require Advertiser and Provider (in case Advertiser has created a Profile at the request and on behalf of a Provider) to submit contact information, ID-documentation and clear facial images for comparison and verification, including age verification, purposes. Advertiser acknowledges to have all rights required to use and present such information and documentation to the Company and warrants and represents to us that any of such ID-documentation was issued by the authority of an appropriate and valid government agency of the person whose name appears on the ID-documentation, and that this person is the provider of the services offered through the advertisement
6.2 Upon approval by the Company of an Advertiser Account, the Advertiser, through the approved Advertiser Account, may create a proposed new Profile, including all text, photographs, video, graphics, website and social media links, stage name(s), characters, personas, biographical data, contact information, and other materials or information. Any proposed new Profile (advertisement) may be subject to prior review and approval by the Company, before a Profile (advertisement) is allowed for being published online on the Platform. This prior review and approval right of the Company also applies to existing Profiles (advertisements) for which a change (such as changes of text or uploading a new image) is desired.
7. ADVERTISEMENTS CONTENT STANDARDS AND RESPRESENTATIONS
7.1 You, as an Advertiser, herewith represent and warrant to us that any Profile (advertisement) that you have created:
7.1.1 does not contain any offer for any form of illegal prostitution, sex trafficking or any other illegal activity;
7.1.2 is not in any other way in violation of any law or regulation of the jurisdiction in which the advertisement is published, in which the Advertiser or the Provider reside and in which the advertised services are provided.
7.1.3 does not depict any individuals who has not consented to publication of the advertisement;
7.1.4 does not depict any individual who was not at least 18 eighteen years of age (or older, if the age of majority is over 18 eighteen in the jurisdiction where the persons were photographed or where the advertisements will be published), at the time that said persons were photographed;
7.1.5 does not suggest or attempt to suggest that any individual depicted in the advertisements is under the age of 18 eighteen nor use any terminology that could be understood as describing a person under the age of 18 eighteen years;
7.1.6 does not contain promotions of violence, harassment, defamation, hate speech or action, discrimination, abuse, or obscenities, nor link to any third party website which promotes the same;
7.1.7 does not contain any fake or stock images and that any image, photograph or video of a person depicted in the advertisements is a true and accurate representation of the person depicted and available for any services advertised through that advertisement.
7.2 Advertiser must maintain truthful, accurate, current, and complete documentation of all person(s) depicted in the advertisements. Advertiser must present such documentation to the Company upon request. Advertiser acknowledges that such documentation includes evidence of the date of production of any such depiction.
7.3 If an advertisement depicts or relates to any third party, Advertiser herewith represents and warrants to us that all images of individuals contained in the advertisements are images of individuals who have consented to be depicted in the advertisement created by the Advertiser.
7.4 Advertiser warrants and represents having all required rights to display all advertisements published on the Platform, including, without limitation, all necessary model releases, copyright licenses, trademark licenses, assignments, publicity rights and the like.
8. CONSENT; AND GRANT OF LICENCE TO THE COMPANY
8.1 Advertiser hereby grants the Company, along with its successors and assigns, a worldwide, non- exclusive, perpetual, royalty free, assignable, sublicense-able, and freely transferrable license to use, display, copy, publish, post, exhibit, broadcast, transmit, communicate, perform, distribute, and disseminate the advertisements on the Platform. The license granted to the Company by the Advertiser shall permit publication of the advertisements on other third-party websites which will assist the Company with getting more viewers to see the advertisements, including any derivative works based on, or compilation including, such advertisements. Advertiser further warrants and represents that Advertiser or the Provider consented to the recording of any image or other content depicting the Advertiser or the Provider in any advertisement, and Advertiser or Provider consents to the publication of such advertisement on the Platform.
8.2 Advertiser hereby represents and warrants to the Company that Advertiser owns or possesses the legal authority to transfer or grant to the Company any license rights, intellectual property rights, other legal or equitable rights necessary or required to permit the publication of the advertisements on the Platform.
9. PRICING, REFUND POLICY AND CANCELLATION POLICY
9.1 The Advertiser must select one or more of the Company’s advertising offerings and, except in case it concerns an advertisement for free, pay the applicable charges and fees, before an advertisement can be published on the Platform. The charges and fees associated with the various options and features are displayed in the Advertiser Account at the time of purchase. Such charges and fees are subject to change within Company’s discretion at any time.
9.2 Due to the nature of our services of providing a facility to post advertisements, any fees paid for posting an advertisement are non-refundable, also in case of unused portions of the advertisement subscription term. In exceptional circumstances, the Company, at its sole discretion, may consider refund requests on a case-by-case-basis. A refund request must be motivated and submitted in writing to us. Upon receipt of a refund request, we will review the request and inform you of our decision on that request within a reasonable timeframe.
9.3 As far as an Advertiser is a consumer in the sense of EU consumer protection legislation, the Advertiser is entitled to cancel any purchased advertisement during the so-called 14-days cooling-off period that starts on the day of the purchase. In case such Advertiser cancels the purchased advertisement within the 14-days cooling-off period, any fees paid will be refunded to the Advertiser, unless such Advertiser has opted for publication of the purchased advertisement within the 14-days cooling-off period. In case such Advertiser has opted for publication of the purchased advertisement within the 14-days cooling-off period, such Advertiser herewith explicitly waives its cancellation right, upon publication of the purchased advertisement and acknowledges not to be entitled to any refund, once the purchased advertisement had been published.
10. MEMBER ACCOUNTS
10.1 Any individual who wishes to become a Member must establish a member account (Member Account) through the Platform. This is a free service, and may require specific registration, and other information, to be provided in the discretion of the Company. You, as a Member, warrant and represent to us that all information provided in connection with registration for a Member Account is complete, true and accurate.
11. POSTING OF REVIEWS
11.1 Once a Member Account is approved by the Company, you may post reviews about the Advertiser or the Provider, provided that such a review option had not been excluded by the Advertiser.
11.2 Any proposed review is subject to prior monitoring an approval by the Company before being allowed for publication on the Platform. Any review may be refused for publication, at the Company’s sole discretion. Any review must comply with the following non-exhaustive list of standards:
11.2.1 any proposed review is based on your own experience with the Advertiser or the Provider;
11.2.2 the contents of any proposed review is not false, deceitful, misleading, or fraudulent, is not threatening, does not promote or encourage illegal activities, or in any other way unlawful and/or in violation with the law;
11.2.3 you do not treat others discourteously with the review, including the Advertiser or the Provider, for example by posting discriminatory, offensive, unnecessarily hurtful or insulting texts;
11.2.4 the proposed review does not violate the privacy of third parties, including the Advertiser or the Provider;
11.2.5 the review does not contain any form of advertising or link to any other platform that is competing with the Platform;
11.2.6 the review will not in any way damage the interest and reputation of the Platform and the Company.
11.3 If the Member Account is terminated, the Member’s reviews are automatically removed and if the Advertiser Account is terminated, a review pertaining to this advertisement is automatically deleted.
11.4 If the Advertiser has withdrawn permission to allow reviews with the advertisement, but maintains the Advertiser Account, the reviews pertaining to this advertisement are no longer shown on the Website. However, this review is stored within the Platform and can be displayed again if the Advertiser publishes the advertisement again or opts to allow reviews again.
12. INTELLECTUAL PROPERTY AND LIMITED LICENSE TO USE
12.1 You acknowledge and agree that the contents of the Platform and of the advertisements are proprietary and constitute valuable copyright, trademark, and other intellectual property owned by the Company or its Advertisers. We hereby grant to you a limited, non-exclusive, non- transferable, revocable license to privately and non-commercially access, view, receive, and otherwise use the contents of the Platform and of the advertisements, as authorized by us. This license will immediately terminate automatically if you fail to comply with the limitations described herein, breach any other provision of these Terms and Conditions or in case of termination by us of your right to use the Platform.
12.2 Trade names, service marks and logos of the Company are the trade names, service marks and logos of which the Company holds the exclusive rights and these rights do not fall under the scope of the license of use as referred to in clause 12.1 above, except in case of explicit permission in writing by the Company.
13. EXCLUSION OF LIABILITY OF THE COMPANY
13.1 You acknowledge and agree that the Company shall not be held responsible in any way by you for the outcome of any contact or meeting with any Advertiser, Provider or any other third party, in relation to any advertisements or through any other use of the Platform. You further acknowledge and agree that other than as set forth in these Terms and Conditions, we do not screen any Users, have no control over their actions and make 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 or any third parties, and you are expected to use common sense and take appropriate measures and precautions to ensure 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 use of the Platform.
13.2 You acknowledge and agree that the Platform and the Services provided to you by the Company, are 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 Platform and the Services provided to you by the Company is borne by you.
13.3 You acknowledge that use of the Platform and any services offered in the advertisements is at your own risk. We do not represent or endorse the accuracy, reliability or legality of any services offered in the advertisements. 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.
14. COPYRIGHTS OF THIRD PARTIES AND INFRINGEMENTS
14.1 We do not permit copyright infringing activities or infringement of other intellectual property rights on the Platform, and we will remove all User Generated Content, in case we are properly notified that such content infringes the copyrights of a third party.
15. TERM AND TERMINATION
15.1 These Terms and Conditions are entered into for an indefinite period of time. An Advertiser can terminate an Advertiser Account or a Profile at all times by removing the Profile or by asking the Company for assistance in doing so. A Member can terminate a Member Account at all times by removing the Member Account and a Visitor can terminate use of our Services, simply by ceasing use of the Platform.
15.2 Notwithstanding the other provisions of these Terms and Conditions, the Company is entitled to terminate its Services to a User at any time, at the Company’s sole discretion.
15.3 Moreover, the Company reserves the right to immediately terminate the Services, disable access to the Platform, suspend or permanently remove Advertiser Accounts, Profiles and Member Accounts, and to permanently ban a User for any further use of the Platform, without having the obligation of payment of any compensation or reimbursement of advanced payments, in case of any violation or infringement of any of the provisions of these Terms and Conditions.
16. NOTICES
16.1 Notices or communications to the Company can be made by Users to the following email address: info@escortdirectory.com.
17. MISCELLANEOUS
17.1 These Terms and Conditions contain the entire agreement between you and the Company regarding use of the Platform. These Terms and Conditions supersede all prior written and oral understandings, writings, and representations and may only be amended upon notice by Company.
17.2 If any provision of these Terms and Conditions 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 these Terms and Conditions shall survive its termination.
17.3 We may assign any rights or delegate any performance under these Terms and Conditions without notice to you. You shall not assign, delegate, or sublicense any of your rights or duties without our advanced written consent.
17.4 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.
17.5 You hereby agree that we cannot be held liable if laws applicable to you restrict or prohibit your use of the Platform or providing or consuming any services offered by Advertisers and Providers on the Platform. We make no representations or warranties, implicit or explicit, as to your legal right to engage in any services offered on the Platform. We reserve the right to refuse or restrict access to and use of the Platform in any jurisdiction.
18. DISPUTE RESOLUTION AND FORUM
18.1 If there is a dispute between the parties arising out of or otherwise relating to these Terms and Conditions, the parties make reasonable endeavors to discuss and negotiate in good faith to attempt to resolve the dispute in an amicable manner.
