The Entertainment Companions service (the "Service") is a way for a user (a "Client") looking for entertainment to meet individuals ("Companions") who are familiar with the entertainment scene in the Client's city and are willing to accompany to show him/her the various entertainment options in the city in return for a service fee charged by the Companion.
This is a legal agreement ("Agreement") between you and Entertainment Companions. Please read the Agreement carefully before registering for the Entertainment Companions service. By registering for Entertainment Companions, you become a member of the Service (a "Member"), and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Member. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR THE ENTERTAINMENT COMPANIONS SERVICE. THE TERMS ARE SUBJECT TO CHANGE BY ENTERTAINMENT COMPANIONS AT ANY TIME, EFFECTIVE UPON POSTING ON THIS WEBSITE. In addition to this agreement, Clients must abide by the Client Rules, and Companions must abide by the Companion Rules.
MINORS MAY NOT BECOME MEMBERS. By becoming a Member, you represent and warrant that you are at least 18 years old (21 years where the legal age is 21).
Either you or Entertainment Companions may terminate your Entertainment Companions membership at any time, for any reason, without explanation, effective upon sending written notice to the other party. Entertainment Companions reserves the right to immediately suspend or terminate your access to the Entertainment Companions service, without notice, upon any breach of this Agreement by you which is brought to Entertainment Companions' attention.
Your membership in the Entertainment Companions service is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.
We may Change any fees or charges for using the Site.
REGISTRATION. To become a Member you must register with us. When and if you register to become a Member, you agree to provide accurate, current and complete information about yourself as prompted by our registration form ("Registration Data"), and to maintain and update your information to keep it accurate, current and complete. You agree that we may rely on your Registration Data as accurate, current and complete. You acknowledge that if your Registration Data is untrue, inaccurate, not current or incomplete in any respect, we reserve the right to terminate this Agreement and your use of the Site.
We cannot guarantee that each Member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Site by persons under the age of 18 (21 years where the legal age is 21) in violation of these Terms. If you suspect that a Client or Companion is under the age of 18 (21 years where the legal age is 21), then you must immediately end all contact with that person.
You will not impersonate any person or entity.
You will not "stalk" or otherwise harass any person.
You will not express or imply that any statements you make are endorsed by us, without our specific prior written consent.
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You will not remove any copyright, trademark or other proprietary rights notices contained in the Site.
You will not interfere with or disrupt the Services or the Site or the servers or networks Connected to the Services or the Site.
You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
You will not "frame" or "mirror" any part of the Site, without our prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Entertainment Companions or the Service or the Site in order to direct any person to any other Web site for any purpose.
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so.
ONLINE CONDUCT. As a Companion Member, you agree that you are solely responsible for the content or information you publish or display (hereinafter, "post") on the Entertainment Companions service, or transmit to other Members.
As a Member, You will not post on the Entertainment Companions service, or transmit to other Members or Employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
You will use the Entertainment Companions service in a manner consistent with any and all applicable laws and regulations.
As a Companion Member, you will not include in your profile any telephone numbers, street addresses, last names, URL's or E-mail addresses other than where asked for it in the Confidential Personal Information section.
As a Companion Member, you will not include in your profile any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information. Entertainment Companions reserves the right, but has no obligation, to reject any profile or photo that does not comply with these prohibitions.
You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk E-mail to other Members. For protection of members against such conduct, Entertainment Companions may filter messages and delete any messages which are deemed by Entertainment Companions as contrary to this agreement.
You are solely responsible for your interactions with other Entertainment Companions Members. Entertainment Companions reserves the right, but has no obligation, to monitor and/or mediate disputes between you and other Members.
SAFETY ISSUES: As with any situation in which strangers meet, safety should always be a concern. While EntertainmentCompanions.com has safety measures in place, it cannot guarantee the safety of members who meet. EntertainmentCompanions.com is not responsible for any safety issues that arise from your introduction to or meeting of other members you meet through this web service. We do have a set of safety guidelines which you should review before proceeding.
INDEMNITY BY MEMBER: You will defend, indemnify, and hold harmless Entertainment Companions, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Entertainment Companions service, including:
(i) your breach of this Agreement; (ii) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the Site. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
In addition, Entertainment Companions disclaims all liability, regardless of the form of action, for the acts or omissions of other Members or users (including unauthorized users, or "hackers") of the Service.
GENERAL PROVISIONS. This Agreement with you, set out in these Member Terms and Conditions, is governed by the laws of the Province of Ontario, Canada. This agreement states the entire agreement of the parties, and is intended to be the complete and exclusive statement of the terms hereof. There shall be no covenants, representations, warranties, or other terms relating to the matters set forth above other than as set forth herein.
The Member certifies that the Member has read and agrees to be bound by these Terms and Conditions.
ONLINE CONTENT: Opinions, advice, statements, offers, or other information or content made available through the Entertainment Companions service, but not directly by Entertainment Companions, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. ENTERTAINMENT COMPANIONS DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND NEITHER ADOPTS NOR ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN ENTERTAINMENT COMPANIONS. UNDER NO CIRCUMSTANCES WILL Entertainment Companions BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE ENTERTAINMENT COMPANIONS SERVICE, OR TRANSMITTED TO ENTERTAINMENT COMPANIONS MEMBERS.
WARNING - PLEASE READ THIS: It is possible that other Entertainment Companions Members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Entertainment Companions service and that you may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. Entertainment Companions is not responsible for the use of any personal information that you disclose on the Service. Please carefully select the type of information that you post on the Entertainment Companions service or release to others.
Entertainment Companions RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE Entertainment Companions SERVICE. ENTERTAINMENT COMPANIONS SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT IN ITS SOLE OPINION VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT OF ENTERTAINMENT COMPANIONS, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE E-MAIL MESSAGES. E-MAILS SENT BETWEEN YOU AND OTHER ENTERTAINMENT COMPANIONS MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC WILL BE TREATED AS PRIVATE BY ENTERTAINMENT COMPANIONS TO THE EXTENT REQUIRED BY APPLICABLE LAW.
PROPRIETARY RIGHTS: Entertainment Companions owns and retains other proprietary rights in the Entertainment Companions service. The Service contains the copyrighted material, trademarks, and other proprietary information of Entertainment Companions, its licensors and licensees. In addition, other Members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
By posting information or content to any public area of Entertainment Companions, you automatically grant, and you represent and warrant that you have the right to grant, to Entertainment Companions and other Entertainment Companions Members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
INFORMATION SUPPLIED BY MEMBER: Entertainment Companions will keep confidential all information supplied by you to Entertainment Companions, including credit card number(s), and shall use or disclose such information only for the purposes for which such information was collected, or as required by law. Please see Privacy Statement for more detailed information concerning confidentiality.
COMPLAINTS: To resolve a complaint regarding the Entertainment Companions service, you should first contact Entertainment Companions Customer Support by clicking on the "Contact Us" button in the menu on top.
DISCLAIMER OF WARRANTY: ENTERTAINMENT COMPANIONS PROVIDES THE ENTERTAINMENT COMPANIONS SERVICE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH ENTERTAINMENT COMPANIONS OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE. Entertainment Companions specifically DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Entertainment Companions does not warrant that your use of the Entertainment Companions service will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Service will be corrected. Entertainment Companions DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.
LIMITATION OF LIABILITY: IN NO EVENT WILL ENTERTAINMENT COMPANIONS BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE ENTERTAINMENT COMPANIONS SERVICE, EVEN IF ENTERTAINMENT COMPANIONS OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ENTERTAINMENT COMPANIONS' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ENTERTAINMENT COMPANIONS FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
ENTERTAINMENT COMPANIONS DOES NOT SCREEN THE MEMBERS REGISTERING TO THE ENTERTAINMENT COMPANIONS SERVICE IN ANY WAY. AS A RESULT, ENTERTAINMENT COMPANIONS WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER MEMBERS OF THIS SERVICE, OR INTRODUCED TO YOU VIA THIS SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORT.