Thank you for choosing to advertise with Goddess List. The Advertiser Agreement intended to protect your rights as well as ours. Please read it carefully and be sure you understand it BEFORE clicking “I Agree”. By submitting your information, you represent that you have read and understand the Agreement and specifically acknowledge that you agree to the Terms and Conditions set forth. Please retain a copy of this Agreement for your personal records. If you are unable to view the agreement, please email BEFORE continuing with the registration process.
Advertiser Agreement Summary
NOTICE: This is merely a summary of the Advertiser Agreement and is provided for your convenience only. It is not intended, nor can it be assumed to, function as a limitation, modification, or substitution for the Advertiser Agreement between You and Goddess List. By agreeing to the Terms and Conditions of this Agreement, you are representing that you:
• are an adult over the age of majority, be it 18 or 21, in the jurisdiction where you live and that you have the capacity to enter into a legally binding contract;
• understand that www.goddesslist.com is simply a service that you use to advertise your services and that Goddess List cannot, and will not, be held responsible for any cause of action that may arise out of your use of the site;
• you have read the full Advertiser Agreement and agree to each term and condition contained therein;
• you will not upload any material that you do not own, or have permission to use, and you agree to release Goddess List, its agents and assigns from any and all causes of action that may arise from your use and/or display of such materials;
• you will comply with all applicable Federal, state, and local laws and regulations agree not to engage in any prohibited, illegal, or infringing activities in connection with your use of the Website.
ADVERTISER AGREEMENT FOR PLACEMENT OF ONLINE ADS
Effective Date: July 1st 2017
Date Modified: July 1st 2017
This Advertiser Agreement for Placement of Online Ads (the “Agreement”) is made by and between Goddess List a USA Corp, and the person who submitted this document (the “Advertiser”). This Agreement shall be effective as of the date it is signed by the Advertiser and shall be governed by the following Terms and Conditions.
WHEREAS, Goddess List is engaged in the publication of adult entertainer information, advertisements, and contact information on various online outlets including, but not limited to www.goddesslist.com (the “Website” or “Website(s)). Goddess List operates the Website, which is accessible by members of the general public and allows Advertisers to create unique personal profiles in order to promote their own adult entertainment business to the general public;
WHEREAS if Advertiser is an individual, Advertiser operates a lawful adult-oriented entertainment business and wishes to promote Advertiser’s own website, social networking site, and /or professional services by having photographs, descriptions, text, and other content or information relating to Advertiser on the Website;
WHEREAS if Advertiser is a third party such as an Agency, Advertiser operates a lawful adult-oriented entertainment business (or represents adult entertainment businesses) and wishes to promote Advertiser’s own website, social networking site, and /or professional services by having photographs, descriptions, text, and other content or information relating to Advertiser’s employees or representatives on the Website;
WHEREAS Goddess List agrees to include Advertiser’s content on the Website in accordance with the Terms and Conditions contained in this Agreement;
NOW THEREFORE in consideration of the mutual promises contained herein and in exchange for good and valuable consideration, the adequacy of which is acknowledged, the parties intend and agree to be bound as follows:
1. Account Content.
Subject to payment of all fees and compliance with Goddess List policies, procedures, and the terms and conditions of this Agreement, Advertiser may submit and post his or her Content (the “Content”), such as contact information, biographical information, visual images, text material, videos, photos, and graphics on the Website, provided however, Advertiser complies with ALL of the following:
1.1 Advertiser’s profile shall be created and maintained solely by Advertiser. As such, Advertiser promises to safeguard his/ her password and login information. Advertiser further acknowledges that his/her account may by used solely to promote his/her adult entertainment business in compliance with all of the terms and Conditions of this Agreement and applicable laws.
1.2 Advertiser’s email address and phone number must be that belonging the Advertiser or his /her agency ONLY. It is a violation of this Agreement to provide an email address or phone number that does not belong to an Advertiser or the Advertiser’s agency, or is inoperable, invalid, or in any way connected to “sham” uses such as robo calling, spam calls, or other such inappropriate uses.
1.3 Advertiser understands that he/she (and NOT Goddess List) is solely responsible for creation, production, publication, posting, and submission of any and all content in his/her account and acknowledges that Goddess List does not, and will not, provide him/her with assistance in creating said content. Goddess List role in connection with the Advertiser’s content is limited to technical support, hosting, storage, or retrieval of Advertiser’s content. Advertiser shall immediately notify Goddess List of any changes, corrections, additions to, or deletions from, the Content.
1.4 Advertiser agrees and understands that all his or her Goddess List profile may only feature Advertiser individually unless Advertiser is a member of a couple that is offering their services together. In the event that the Advertiser is a couple, the profile may be shared provided however, the Advertiser couple may only be hired as a couple. In no circumstances may an individual Advertiser share, or otherwise create a joint account with another Advertiser if they are hired as an individual.
1.5 Advertiser agrees and understands that Goddess List is not in any way responsible or subject to liability to Advertiser or any third party for the Content Advertiser submits and/or posts on the Website.
1.6 All content submitted and/or posted shall have been produced in accordance with all applicable provisions of US law including any and all other Federal, state, and local laws in addition to, where applicable, any foreign laws and regulations.
1.7 Advertiser understands that Goddess List is not required to comply with the labeling or record-keeping requirements of 18 U.S.C. 2257 with respect to any Content posted by Advertiser. Advertiser further understands that he/she (and NOT Goddess List) is responsible for keeping all records in compliance with 18 U.S.C. 2257 or as may be required by the laws of Advertiser’s jurisdiction.
1.8 In addition to being solely responsible for all Content posted on the Website, Advertiser understands that he/she is solely responsible and liable for any Content accessible via any link and for any technical errors or other problems that may be caused by such link.
1.8.1 Regarding outside links, Advertiser may include a link to a third party site, provided however, that any link directs a user to Advertiser’s own profile on that site (and not that site’s home page or other internal page that does not exclusively feature Advertiser. Advertisers may also include links to their own personal website and social media profiles so long as those profiles and websites are bona fide websites related to Advertiser and Advertiser’s services.
1.8.2 IT IS NOT permissible, however, to include deceptive links or links to spam or phishing sites. It is also NOT permissible to include links to a third party site that requires or solicits payment information from users in exchange for online meetings or chat sessions. Advertiser understands that his or her profile on www.goddesslist.com may only be for the purpose of real-world, face-to-face meetings with clientele, and is not intended or permitted to used to promote virtual or digital meetings (such as webcam or chat sessions).
2. Goddess List’s Functioning as an Online Service Provider.
The parties acknowledge and agree that Goddess List is merely a facilitator of communications for Advertiser; Advertiser is solely responsible for any and all content submitted to Goddess List. Advertiser understands and agrees that Goddess List does not produce, design, contribute to, or assist Advertiser in any way in the creation of the Content. Therefore, the parties hereby acknowledge that Goddess List is an Online Service Provider (“OSP”) as defined in the Digital Millennium Copyright Act (the “DMCA”), and is also an Interactive Computer Service (“ICS”) as defined by the Communications Decency Act.
2.1 Advertiser shall give notice and comply with the notification procedures as outlined in the DMCA and agrees that Goddess List shall benefit from any and all limitations on liability and defenses available to OSPs and ICS users and providers, in any jurisdiction Advertiser may bring a claim against Goddess List, such as (but not limited to) those contained in the DMCA, 47 U.S.C. 230 et seq., 18 U.S.C. 2257 and all other rules, regulations, or laws that limit Goddess List liability as an OSP or user/provider of ICS regardless of jurisdiction.
3. Goddess List’s use of Advertiser Content.
Advertiser hereby grants Goddess List permission to use, display, post, exhibit, broadcast, transmit, communicate, perform, distribute, and disseminate on its Website(s) any Content provided by Advertiser. Advertiser also understands and agrees that Goddess List may enable Content viewers and others to create and/or post comments, ratings, reviews and the like about Advertiser and or Content and expressly releases Goddess List from any and all liability arising in connection with such comments or Goddess List use thereof.
3.1 Goddess List shall have no obligation to enforce Advertiser’s copyrights or other intellectual property associated with the Content. Goddess List retains the right to enforce its own intellectual property and Advertiser agrees that he/she will, at all times, cooperate with Goddess List with respect to any infringement suit including, but not limited to, providing information, records, or testimony when reasonably requested.
3.2 Advertiser is not entitled to compensation from Goddess List for posting of any Content. The parties agree that publication and display of the Content on the Website constitutes adequate consideration for Goddess List use of said Content.
4. Representations, Warranties, and Indemnity by Advertiser.
Advertiser hereby represents and warrants as follows:
4.1 Advertiser has read and understand Goddess List publishing standards and this Agreement and agrees to all Terms and Conditions contained therein.
4.2 Advertiser is the owner and creator of, and/or has the legal authority to post, and permit posting of without limitation or encumbrance, the Content, including all intellectual property rights as well as any and all waivers and model releases of persons appearing in said Content.
4.3 Advertiser is an adult over the age of 18, or older, if the jurisdiction where Advertiser resides so requires.
4.4 That all persons depicted in Advertiser’s Content were over the age of 18 (or older if the jurisdiction where the Content was created so requires), at the time the person was photographed or otherwise used in connection with creation of the Content.
4.5 The Content does not in any way depict, suggest, or imply that the person depicted was or is under the age of majority in the jurisdiction where and at the time it was created. Goddess List maintains a zero tolerance policy relating to child pornography and/or exploitation. Any violations of Goddess List’s policy and/or Federal, state, or local law will be reported to appropriate law enforcement officials as required by applicable law.
4.6 Advertiser does not in any way engage in unlawful behavior and that the Content does not constitute a solicitation to engage in unlawful behavior pursuant to Federal, state, and local laws.
4.7 That any and all personal identification and/or age verification documentation of the persons depicted in the Content are issued by a government authority, are current, valid, and that the information contained therein is true and accurate.
4.8 That if Advertiser is a third party (such as an Agency), that all Content specifically relates to an individual that is actually and presently in the employ of the Agency. In the event that the individual who is the subject of the Content is no longer affiliated with the Agency, Agency will immediately notify Goddess List and take all appropriate steps to modify the profile to reflect this, including deleting the profile where necessary.
4.9 Goddess List reserves the right to request age verification materials from any advertiser who appears to be 23 years of age or younger. If age verification is requested, Advertiser must supply a true and accurate color copy of a current, valid, government issued ID via fax or email to Support@goddesslist.com in order to restore, or prevent interruption of, publication of his or her profile on the Website. If Advertiser cannot provide this information, Advertiser’s account will be suspended until such time that proper identification can be furnished.
4.10 That the Content is not currently, and has never been, subject to a civil or criminal claim and does not contain matter that is contrary to law or involve depictions of sexual activity as defined by applicable statute.
5. DISCLAIMER OR WARRANTIES / ASSUMPTION OF RISK.
ADVERTISER EXPRESSLY AGREES THAT USE OF GODDESS LIST’S SERVICES IS AT ADVERTISER’S OWN DISCRETION AND RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. GODDESS LIST EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED TO THE MAXIMUM EXTENT ALLOWABLE BY LAW. GODDESS LIST MAKES NO GUARANTEE THAT ITS SERVICES WILL MEET ADVERTISER’S REQUIREMENTS OR THAT THE SERVICES WILL BE WITHOUT OCCASIONAL ERRORS OR WILL NOT BE INTERRUPTED FROM TIME TO TIME.
6. LIMITATION OF LIABILITY.
ADVERTISER UNDERSTANDS AND AGREES THAT, TO THE EXTENT PERMITTED BY LAW, GODDESS LIST SHALL NOT BE LIABLE FOR DAMAGES TO ADVERTISER OR HIS/HER AGENTS OR ASSIGNS, ARISING OUT OF OR FLOWING FROM, THIS AGREEMENT. WHERE PERMISSIBLE, AND TO THE EXTENT THAT GODDESS LIST MAY BE LIABLE TO ADVERTISER UNDER THIS AGREEMENT, THE LIABILITY SHALL BE NO MORE THAN $10.00 USD IN THE AGGREGATE.
7. Miscellaneous Provisions.
7.1 Advertiser agrees and understands that this Agreement is the entire agreement between her/him and Goddess List and may not be altered or supplanted except by a writing signed and dated by both parties.
7.2 Either party may terminate this Agreement at any time without prior notice to the other party. Goddess List reserves the right to terminate this Agreement if Advertiser violates any of the terms and conditions of this Agreement or as otherwise required by law. If either party terminates this Agreement, the relationship between the parties will cease to exist and Advertiser’s content will immediately be deleted, and therefore removed from the Website. As a result, in the event of termination, no Content will be returned to Advertiser.
7.3 This Agreement shall be governed by and construed under the laws of the United States of America
7.4 If any of the provisions of this Agreement shall be deemed unenforceable or invalid, the remaining provisions shall be construed as though the unenforceable provision had not been included and any such unenforceable provision shall have no effect on the enforceability or validity of the remaining provisions.
7.5 The parties agree to engage in a good faith effort to resolve any and all disputes pertaining to this Agreement before resorting to litigation. Any dispute or claim that cannot be resolved by such good faith efforts shall be resolved by binding arbitration before a certified Arbiter in London, England. Advertiser hereby acknowledges and consents to jurisdiction of the United States and agrees that the venue for all dispute resolution shall be within the City of Willington,Delaware.
8. Electronic Signature.
This Agreement is governed by the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001, et seq. (the “E-Sign Act”), which governs the use of electronic signatures. By clicking “I Agree” (or any button with similar language) and submitting this document, Advertiser represents that he or she has read and understands the terms and conditions contained by this Agreement and is explicitly consenting to be bound by them. If Advertiser does not want to use the E-Sign Act and prefers to sign the Agreement via Pen and Ink, please contact us at email@example.com to arrange this.
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