TERMS AND CONDITIONS
Owned and operated by Direct Mad Media Pty Ltd (ABN: [insert])
Effective Date: 01/12/2025
PART 1
USER & VISITOR TERMS AND CONDITIONS
1. Acceptance of Terms
These Terms govern your access to and use of the Xscorts website and associated services (the Site). By accessing the Site, you agree to comply with these Terms, our Privacy Policy and any other policies displayed on the Site. If you do not agree, you must stop using the Site immediately.
2. Eligibility
a) You must be at least 18 years old.
b) You must comply with all laws applicable to accessing adult content.
c) You are responsible for ensuring access to the Site is lawful in your jurisdiction.
3. Nature of the Platform
a) Xscorts is an online advertising platform that allows third parties to publish advertisements, profiles and promotional material.
b) Direct Mad Media Pty Ltd (we/us) does not provide escort services or act as an agent for advertisers or agencies.
c) We do not guarantee accuracy, legality, identity, conduct or availability of advertisers or agencies.
4. Personal Safety
Users are solely responsible for their own safety, decisions and due diligence when interacting with advertisers or agencies. You release us from all claims arising from such interactions.
5. User Accounts
You must provide accurate information and keep your login credentials secure. We may suspend or terminate accounts for suspected breach, illegal activity or misuse.
6. Prohibited Conduct
Users must not:
a) access the Site if under 18;
b) use the Site for unlawful purposes;
c) harass, threaten, defame or abuse others;
d) publish or transmit illegal, obscene, harmful or misleading content;
e) attempt unauthorised access, security breaches or data scraping;
f) copy or reproduce Site content without consent;
g) engage in activities breaching QLD or Commonwealth laws.
7. Content Accuracy
Advertiser content is provided by third parties. We do not verify its accuracy or legality. Users rely on such content at their own risk.
8. Intellectual Property
All Site content (excluding advertiser material) is owned or licensed by Direct Mad Media. Users may view but not reproduce Site materials without written permission.
9. Third-Party Services
The Site may include links to external websites or payment gateways. We are not responsible for third-party content or security.
10. Disclaimers
The Site is provided “as is.” We do not guarantee uninterrupted access, accuracy of advertisements, or that the Site is free of harmful code.
11. Limitation of Liability (ACL)
To the extent permitted by the Australian Consumer Law (ACL):
a) all non-mandatory warranties are excluded;
b) liability is limited to re-supplying services or paying the cost of re-supply;
c) we are not liable for indirect, special or consequential loss.
12. Indemnity
You indemnify Direct Mad Media for losses resulting from:
a) your breach of these Terms;
b) your misuse of the Site;
c) any unlawful conduct.
13. Moderation Rights
We may refuse, edit, or remove any content or account at our discretion without liability or refund.
14. Illegal or Prohibited Content (Telecommunications Act)
You must not transmit content that breaches Commonwealth carriage service laws, including content involving minors, exploitation, violence or threats.
15. QLD Legal Compliance
Users must comply with the Criminal Code Act 1899 (Qld) and Prostitution Act 1999 (Qld). We may report suspected unlawful activity to authorities.
16. Reporting to Authorities
We may report suspected criminal behaviour, exploitation, trafficking or involvement of minors without notice.
17. Governing Law
These Terms are governed by the laws of Queensland, Australia.
18. Data Retention
We may retain logs, metadata and account details for lawful compliance under the Privacy Act 1988 (Cth).
19. Entire Agreement & Severability
These Terms form the entire agreement. Invalid provisions are severed without affecting the remainder.
- PART 2
ADVERTISER TERMS AND CONDITIONS
1. Application of These Terms
These Terms apply to all advertisers, including independent contractors and individuals promoting services on the Site.
2. Eligibility
You warrant that:
a) you are at least 18;
b) you have legal capacity to advertise your services;
c) your advertisements comply with all applicable laws (state, territory, federal, international).
3. Legal Compliance
Advertisers must comply with:
a) sex-work advertising rules in applicable states and territories;
b) Commonwealth classification and carriage service laws;
c) QLD-specific restrictions where applicable.
4. Advertiser Content
You warrant that:
a) all content is accurate, legal and not misleading;
b) all persons depicted are at least 18 and have given consent;
c) you own all rights to submitted content;
d) content does not breach intellectual property or privacy laws;
e) content does not depict prohibited or unlawful conduct.
5. Licence to Use Content
You grant Direct Mad Media a worldwide, royalty-free licence to host, publish, display and promote your content on Xscorts and associated marketing platforms.
6. Moderation & Takedown Rights
We may refuse, modify or remove content at any time for any reason, including legal compliance, complaints or quality control. No refunds are issued for removals resulting from breach.
7. Advertising Fees
a) Fees must be paid in advance.
b) Fees are non-refundable except where required by the ACL.
c) Fees may change at any time for future transactions
d)All advertising fees are in AUD and exclude GST.
da. Standard Listing: from $100 for 28 days
db. Featured Listing: from $60 for 7 days
dc. Extended Terms: optional 84-day renewals
dd. Boosts: $15 each – Boosts amplify exposure but do not extend listing duration
de. Membership Packages: available at various pricing levels and benefits
e) Advertising periods commence upon successful payment.
f) Xscorts may update fees with 14 days’ notice via the Site or email..
8. Payments & Chargebacks
Unlawful or baseless chargebacks may result in account suspension, recovery action, debt collection and permanent bans.
Payment must be received before your advertisement goes live.
We will notify you before your listing expires. If you do not renew, your advertisement may be removed.
Promotional free periods may be offered at our discretion and do not create ongoing entitlements.
Payment processing is handled by third-party gateways. Xscorts is not liable for:
gateway failures,
declined transactions,
data breaches on external payment systems,
errors or downtime outside our control.
9. Prohibited Advertising
Advertisers must not:
a) misrepresent identity or services;
b) advertise illegal services;
c) depict or imply minors;
d) promote violence, exploitation or trafficking;
e) bypass verification or moderation systems.
10. Verification & Audit
We may request evidence of:
a) identity;
b) age;
c) consent of depicted persons;
d) compliance with laws;
e) working locations.
Failure to provide details may result in suspension.
11. Indemnity (Enhanced)
Advertisers indemnify Direct Mad Media for all claims arising from:
a) advertiser content;
b) services provided;
c) breach of laws;
d) employment or subcontracting disputes;
e) harm to users.
12. No Employment Relationship
Nothing in these Terms creates employment, partnership or agency between advertisers and Direct Mad Media.
13. Liability & ACL
Liability is limited as stated in Part 1.
14. Governing Law
Queensland, Australia.
PART 3
AGENCY TERMS AND CONDITIONS
1. Application
These Terms apply to agencies posting or managing multiple profiles on the Site. They operate in addition to the Advertiser Terms.
2. Authority to Represent Individuals
Agencies warrant that:
a) they have legal authority to act for each individual advertised;
b) each person is at least 18;
c) each person consents to their content being posted.
3. Legal Compliance
Agencies must comply with:
a) QLD licensing and sex-work advertising laws;
b) obligations regarding worker rights, tax and employment;
c) all Commonwealth laws relating to content and advertising.
4. Agency Content
All content must:
a) be accurate and not misleading;
b) reflect actual availability and services offered;
c) only include individuals who have given written consent;
d) be removed immediately upon request of the individual.
5. Use of Platform
Agencies must not:
a) share accounts outside their organisation;
b) resell access to Xscorts;
c) publish unverified profiles;
d) use automated posting tools unless approved.
6. Verification Rights
We may request proof of:
a) worker consent;
b) age verification;
c) licensing or compliance documentation;
d) identity and authority.
Failure may result in suspension.
7. Fees & Packages
Agencies may access multi-profile packages. Fees must be paid in advance and are non-refundable except as required by the ACL.
8. Reviews & Complaints
We may publish or remove reviews at our discretion. We do not mediate disputes between agencies and clients or between agencies and workers.
9. Indemnity
Agencies indemnify Direct Mad Media against all claims arising from:
a) agency operations;
b) staff or contractors;
c) worker disputes;
d) agency content;
e) unlawful conduct.
10. No Employment or Partnership
Agencies are independent businesses. No employment, partnership or joint venture exists.
11. Suspension & Termination
We may suspend or terminate agency accounts for:
a) unpaid fees;
b) suspected illegal activity;
c) complaints indicating exploitation or coercion;
d) breach of these Terms.
12. Governing Law
Queensland, Australia.
