[-] ACCEPTANCE OF TERMS
YesBackpage provides a collection of online resources, including classified
ads and various email services, (referred to hereafter as "the
in any way, you are agreeing to comply with the TOU. In addition, when using
particular our services, you agree to abide by any applicable posted
guidelines 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 YesBackpagein any way, your only recourse is to immediately discontinue use of our service.
YesBackpage has the right, but is not obligated, to strictly enforce the TOU
through self-help, community moderation, active investigation, litigation and
[-] MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise
alter these terms and conditions at any time. Such modifications shall become
effective immediately upon the posting thereof. You must review this agreement
on a regular basis to keep yourself apprised of any changes. You can find the
most recent version of the TOU at:
You understand that all ad postings, messages, text, files, images, photos,
video, sounds, or other materials ("Content") posted on, transmitted
through, or linked from the Service, are the sole responsibility of the
person from whom such Content originated. More specifically, you are
entirely responsible for each individual item ("Item") of Content that you
post, email or otherwise make available via the Service. You understand that
YesBackpage does not control, and is not responsible for Content made available
through the Service, and that by using the Service, you may be exposed to
Content that is offensive, indecent, inaccurate, misleading, or otherwise
objectionable. Furthermore, our website contents available through
the Service may contain links to other websites, which are completely
independent of YesBackpage. We makes no representation or warranty as
to the accuracy, completeness or authenticity of the information contained
in 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, the
use of any Content, that you may not rely on said Content, and that under no
circumstances will YesBackpage be liable in any way for any Content or for
any loss or damage of any kind incurred as a result of the use of any Content
posted, emailed or otherwise made available via the Service. You acknowledge
that we does not pre-screen or approve Content, but that we
shall have the right (but not the obligation) in its sole discretion to
refuse, delete or move any Content that is available via the Service, for
violating the letter or spirit of the TOU or for any other reason.
[-] THIRD PARTY CONTENT, SITES, AND SERVICES
The YesBackpage and Content available through the Service may contain
features and functionalities that may link you or provide you with access
to third party content which is completely independent of YesBackpage,
including web sites, directories, servers, networks, systems, information
and databases, applications, software, programs, products or services,
and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that YesBackpage shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that YesBackpage is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release , its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
[-] NOTIFICATION OF CLAIMS OF INFRINGEMENT
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 notify us for notice of claims of
copyright or other intellectual property infringement ("Agent"), at
Please provide us with the following Notice:
a) Identify the material on the YesBackpage website that you claim is infringing, 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 disputed use 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 above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
YesBackpage will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millenium Copyright Act (DMCA).
[-] PRIVACY AND INFORMATION DISCLOSURE
information is collected and used, which is located at the following web
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 harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender,race, ethnicity, age, or disability;
x) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
x) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, national origin, age, or disability.
x) that impersonates any person or entity, including, but not limited to, a YesBackpage employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
x) that includes personal or identifying information about another person without that person's explicit consent;
x) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
x) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make 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 unsolicited commercial advertisement;
x) that constitutes or contains any form of advertising or solicitation if: posted in areas of the YesBackpage websites which are not designated for such purposes; or emailed to YesBackpage users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
x) that includes links to commercial services or web sites, except as allowed in "services";
x) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by law.
x) 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;
x) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
x) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
x) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
x) "stalk" or otherwise harass anyone;
x) collect personal data about other users for commercial or unlawful purposes;
x) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by YesBackpage;
x) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately 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 YesBackpage's servers or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the our website; or
x) use any form of automated device or computer program that enables the submission of ad postings on our website without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings 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 YesBackpage's "flagging system" or other community moderation systems without each flag being manually entered by the person that initiates the flag (an "automated flagging device"), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these TOU;
[-] NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to
YesBackpage email addresses or through YesBackpage computer systems, which is
expressly prohibited by these Terms, will use or cause to be used servers
located in Netherlands. Any unauthorized use of our computer systems
is a violation of these Terms and certain federal and state laws, including
without limitation the Computer Fraud and Abuse Act. Such violations may subject the
sender and his or her agents to civil and criminal penalties.
[-] LIMITATIONS ON SERVICE
You acknowledge that YesBackpage may establish limits concerning use of the
Service, including the maximum number of days that Content will be retained
by the Service, the maximum number and size of postings, email messages, or
other Content that may be transmitted or stored by the Service, and the
frequency with which you may access the Service. You agree that YesBackpagehas no responsibility or liability for the deletion or failure to store any
Content maintained or transmitted by the Service. You acknowledge that
we reserves the right at any time to modify or discontinue the
Service (or any part thereof) with or without notice, and that we
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
[-] ACCESS TO THE SERVICE
YesBackpage grants you a limited, revocable, nonexclusive license to access
the Service for your own personal use. This license does not include:
(=>) any collection,
aggregation, copying, duplication, display or derivative use of the Service
nor any use of data mining, robots, spiders, or similar data gathering and
extraction tools for any purpose unless expressly permitted by YesBackpage.
A limited exception to (=>) is provided to general purpose internet search
engines and non-commercial public archives that use such tools to gather
information for the sole purpose of displaying hyperlinks to the Service,
provided they each do so from a stable IP address or range of IP addresses
using an easily identifiable agent and comply with our robots.txt file.
"General purpose internet search engine" does not include a website or
search engine or other service that specializes in classified listings
or in any subset of classifieds listings which is in the business of providing classified
ad listing services.
YesBackpage permits you to display on your website, or create a hyperlink
on your website to, individual postings on the Service so long as such use
is for noncommercial and/or news reporting purposes only (e.g., for use in
personal web blogs or personal online media). If the total number of such
postings 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 YesBackpage to do so. You may also
create a hyperlink to the home page of YesBackpage websites so long as the
link does not portray our site, its employees, or its affiliates in a
false, misleading, derogatory, or otherwise offensive matter.
YesBackpage offers various parts of the Service in RSS format so that users
can embed individual feeds into a personal website or blog, or view postings
through third party software news aggregators. YesBackpage permits you to
display, excerpt from, and link to the RSS feeds on your personal website
or personal web blog, provided that (a) your use of the RSS feed is for
personal, non-commercial purposes only, (b) each title is correctly linked
back to the original post on the Service and redirects the user to the
post when the user clicks on it, (c) you provide, adjacent to the RSS
feed, proper attribution to 'https://www.yesbackpage.de' as the source, (d) your use or
display does not suggest that YesBackpage promotes or endorses any third
party causes, ideas, web sites, products or services, (e) you do not
redistribute the RSS feed, and (f) your use does not overburden
YesBackpage's systems. We reserves all rights in the content of
the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by
YesBackpage immediately terminates said permission or license. In order to
collect, aggregate, copy, duplicate, display or make derivative use of the
the Service or any Content made available via the Service for other
purposes (including commercial purposes) not stated herein, you must first
obtain a license from YesBackpage.
[-] TERMINATION OF SERVICE
You agree that YesBackpage, in its sole discretion, has the right (but not
the obligation) to block your email or IP
address, or otherwise terminate your access to or use of the Service (or any
part thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without limitation,
if we believes that you have acted inconsistently with the letter or
spirit of the TOU. Further, you agree that YesBackpage shall not be liable
to 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 laws
and international treaties. Content displayed on or through the Service is
protected by copyright as a collective work and/or compilation, pursuant to
copyrights laws, and international conventions. Any reproduction,
modification, creation of derivative works from or redistribution of the
site or the collective work, and/or copying or reproducing the sites
or any portion thereof to any other server or location for further
reproduction or redistribution is prohibited without the express
written consent of YesBackpage. You further agree not to reproduce,
duplicate or copy Content from the Service without the express written
consent of YesBackpage, and agree to abide by any and all copyright notices
displayed on the Service. You may not decompile or disassemble, reverse
engineer or otherwise attempt to discover any source code contained in the
Service. Without limiting the foregoing, you agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes, any
aspect of the Service. YesBackpage is a registered mark in the U.S. Patent
and Trademark Office.
Although YesBackpage does not claim ownership of content that its users post,
by posting Content to any public area of the Service, you automatically
grant, and you represent and warrant that you have the right to grant, to
YesBackpage an irrevocable, perpetual, non-exclusive, fully paid, worldwide
license to use, copy, perform, display, and distribute said Content and to
prepare derivative works of, or incorporate into other works, said Content,
and to grant and authorize sublicenses (through multiple tiers) of the
foregoing. Furthermore, by posting Content to any public area of the Service,
you automatically grant us all rights necessary to prohibit any
subsequent aggregation, display, copying, duplication, reproduction, or
exploitation of the Content on the Service by any party for any purpose.
[-] DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE YesBackpage SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. OUR WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, YesBackpage DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF OUR WEBSITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON YesBackpage SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, YesBackpageDISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH OUR SITE OR THE SERVICE.
Some jurisdictions do
not allow the disclaimer of implied warranties. In such jurisdictions, some
of the foregoing disclaimers may not apply to you insofar as they relate to
[-] LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL YesBackpage BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF YesBackpageHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF OUR SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE YesBackpage OR THE SERVICE, FROM INABILITY TO USE OUR SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF OUR WEBSITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH YesBackpage OR THE SERVICE OR ANY LINKS ON THE OUR WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH YesBackpageOR THE SERVICE OR ANY LINKS ON OUR WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold YesBackpage, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service
providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third party
due to or arising out of Content you submit, post or make available through
the Service, your use of the Service, your violation of the TOU, your
breach of any of the representations and warranties herein, or your
violation of any rights of another.
[-] GENERAL INFORMATION
The TOU constitute the entire agreement between you and YesBackpage and
govern your use of the Service, superceding any prior agreements between you
and YesBackpage. The TOU and the relationship between you and YesBackpageshall be governed by the laws without regard to
its conflict of law provisions. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use
of the Service or the TOU must be filed within one (1) year after such
claim 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) for
review, or by emailing to:
Our failure to act with respect to a breach by you or others does not waive our
right 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 YesBackpage to pursue legal action to enforce these
Terms, you will be liable to pay us the following amounts as liquidated
damages, which you accept as reasonable estimates of YesBackpage' damages for
the 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 or
entity; or (3) that includes personal or identifying information about
another person without that person's explicit consent, you agree to pay
fine according to YesBackpage's representatives for each such message.
This provision does not apply to Content that constitutes lawful non-deceptive
parody of public figures.
b. If YesBackpage establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay YesBackpage the appropriate fine for each message posted in excess of such limits or for each day on which you access the classifieds site in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to YesBackpage email addresses or through YesBackpage computer systems, you agree to pay the required fine set by YesBackpage for each such email.
d. If you post Content in violation of the TOU, other than as described above, you agree to pay YesBackpage the amount asked to immediately for each Item of Content posted. In its sole discretion, we may elect to issue a warning before assessing damages.
e. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without YesBackpage's express written permission, you agree to pay asked penalty fine for each day on which you engage in such conduct.
Otherwise, you agree to pay YesBackpage's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, YesBackpage retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.