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WARNING and ADVERTISER AGREEMENT
Please read and Agree to the following agreement

This Website may contain nudity and depictions of graphic sexual material, 
including explicit depictions of sexual conduct and other materials for mature 
viewers only. Accessing this Website or any parts thereof without permission 
comprises intentional unauthorized access of data on our servers in violation 
of state, federal and/or foreign laws and further constitutes one or more violations 
of the copyrights in the materials depicted on our Website.

This website contains age-restricted materials. If you are under the age of 18 
years, or under the age of majority in the location from where you are accessing 
this message, you do not have authorization or permission to enter this Website 
or access any of its materials. If you are over the age of 18 years (or 21 years in 
places where in the age of majority is not 18 years) you may enter this site ONLY 
if you agree to, and comply with, all of the TERMS AND CONDITIONS OF USE of 
the Website. You also acknowledge and agree that you are not offended by nudity 
and explicit depictions of sexual activity.

By entering your age, clicking on the “I AGREE AND ENTER” button below, and 
by entering this Website you agree with all of the above and certify under penalties 
of perjury that you are of the age of majority.

* Your LEGAL NAME must be the NAME that appears on a government-issued identification document that can be confirmed by MAXIM LIST.

By clicking on Agree you are certifying under penalties of perjury that:

1.	you have read and understand all of the terms and conditions of the ADVERTISER AGREEMENT and you agree to be bound by all of the terms and conditions of the ADVERTISER AGREEMENT;

2.	you have had an opportunity to have the ADVERTISER AGREEMENT reviewed by your own attorney but have freely chosen not to do so; and

3.	you have had an opportunity to negotiate and/or revise any and all provisions of the ADVERTISER AGREEMENT by contacting MAXIM LIST LLC at the location listed on its website.

ADVERTISER AGREEMENT 
(For Placement of Content)

Agreement made by and between MAXIM LIST LLC, Arizona limited liability company, ("MAXIM LIST") and you ("ADVERTISER") as of the date set forth below.

A.	MAXIM LIST is engaged in providing websites ("Websites") for advertising by respectable and legal adult entertainment services guide on the Internet; and

B.	MAXIM LIST has an area on its Website, accessible to anyone who visits the Website, which contains an index of participating advertisers along with thumbnail photographs of the participating advertisers along with the advertiser's name, contact information and other textual material created and submitted by the individual advertiser; and

C.	If ADVERTISER is an individual, ADVERTISER wishes to promote and advertise ADVERTISER's own website or personal services by having photographs, descriptions and other text content relating to ADVERTISER or said website or personal services listed, published, exhibited and displayed on the Website; and

D.	If ADVERTISER is an agency, ADVERTISER operates an adult entertainment service (or represents adult entertainers) and desires to submit images and other information of the adult entertainers whom Agency employs or represents for posting on the Website; and

E.	MAXIM LIST is willing to include ADVERTISER's supplied images and content in and to post same on the Website strictly upon the terms and conditions contained herein;

The parties, each intending to be legally bound hereby, do promise and agree as follows:

1. Posting Of Content. MAXIM LIST will include visual images, text material, biographical and contact information (collectively, the "Content") provided by ADVERTISER in and post same on the Website as follows:

1.1 All Content supplied by ADVERTISER shall have been produced in accordance with all applicable provisions of the Child Protection Restoration and Penalties Enhancement Act of 1990, as such act may be amended (the "Child Protection Act") and are fully compliant with all requirements set forth at 18 U.S.C.§ 2257 et seq. and 28 CFR Part 75 et seq., as well as all other applicable Federal, state, local, and foreign jurisdiction laws and regulations.

1.2 ADVERTISER bears full responsibility for the placement of the Content and shall notify MAXIM LIST within 24-hours of first posting of any corrections, changes or deletions necessary thereto.

1.3 ADVERTISER is solely liable for any of the content provided through any link included on the Website and for any technical malfunctions, errors or other problems caused by such link. ADVERTISER warrants that it will not provide anything other than a direct link from the Website to its Website.

1.4. ADVERTISER is solely responsible for all content provided to MAXIM LIST on ADVERTISER'S behalf by third parties, such as photographers or other delegates of ADVERTISER and all provisions of this agreement shall apply to said content.

1.5 ADVERTISER shall keep any records required by the Child Protection Act or as requested by MAXIM LIST. It is the intent of ADVERTISER and MAXIM LIST that the Website shall serve as a venue for the electronic exhibition of the Content and therefore ADVERTISER agrees that MAXIM LIST shall not be required to comply with the labeling or record keeping requirements of the Child Protection Act with respect to any visual Content submitted to MAXIM LIST by ADVERTISER. In addition, if Advertiser resides in a jurisdiction other than the United States (the "Foreign Jurisdiction"), or is submitting Content from a Foreign Jurisdiction, Advertiser shall keep all records as may be required under the laws of such Foreign Jurisdiction.

2. Grant Of License Rights.

ADVERTISER hereby grants MAXIM LIST a non-exclusive license to use, display, copy, publish, exhibit, broadcast, transmit, communicate, perform and disseminate in the Guide and on the Internet through the Website any Content submitted by ADVERTISER to MAXIM LIST, including any derivative works based on, or compilation including, said Content, for the limited purpose that ADVERTISER submitted the Content to MAXIM LIST. ADVERTISER hereby grants MAXIM LIST the right, in MAXIM LIST's sole discretion, to process and/or make changes to the Content, including, but not limited to inserting MAXIM LIST's watermark on digitized Content for the purpose of deterring third party copyright infringements. ADVERTISER expressly releases MAXIM LIST from any and all liability arising in connection with MAXIM LIST's authorized use of the Content, including liability arising from any blurring, distortion, alteration, or optical illusion that may occur during processing of the Content.

2.1 Notwithstanding any provision herein to the contrary, MAXIM LIST shall have the right to institute a suit for infringement, unfair competition, dilution or other action with respect to the use of the Content by third parties, provided that MAXIM LIST will have no duty to initiate or pursue such suit if in its best judgment the suit is not warranted or is not in its best interests. ADVERTISER will, at all times, reasonably cooperate with MAXIM LIST and its counsel in respect of any suspected infringement or suit for infringement, including, but not limited to testifying, and by making available any records, papers, information, and the like when reasonably requested by MAXIM LIST. The provisions of this paragraph 2.1 shall survive the expiration or termination of this Agreement for any reason.

2.2 MAXIM LIST is not required or obligated to pay ADVERTISER any monetary compensation for the license rights that ADVERTISER has granted to MAXIM LIST herein, and ADVERTISER agrees that the publication and display of the Content in and on Website constitute adequate and sufficient consideration for the grant of said rights.

2.3 The duration of the license rights granted herein by ADVERTISER to MAXIM LIST shall be for an unlimited period, except that said license rights may be terminated, at any time, upon three (3) days' written notification of termination given to MAXIM LIST by ADVERTISER. After effective termination of license rights by ADVERTISER, MAXIM LIST shall remove any ADVERTISER Content from the Website. MAXIM LIST shall not be required to return any Content to ADVERTISER that ADVERTISER has submitted to MAXIM LIST.

2.4 All license rights granted to MAXIM LIST herein shall be fully assignable by MAXIM LIST.

2.5 ADVERTISER may designate a third party to act on ADVERTISER's behalf by executing an Advertiser Delegation Agreement. ADVERTISER acknowledges that ADVERTISER is fully responsible for the actions of a designated third-party on ADVERTISER'S behalf. ADVERTISER acknowledges that execution of an Advertiser Delegation Agreement does not release ADVERTISER from the terms of this Agreement.

3. Representations, Warranties And Indemnity Of ADVERTISER. ADVERTISER hereby represents and warrants to MAXIM LIST as follows:

3.1 That ADVERTISER owns or possesses the legal authority to grant to MAXIM LIST any license or license rights referred to in this Agreement regarding the Content necessary to permit the posting of the Content on the Website, including without limitation, all copyright, trademark and trade name releases, and model releases of all persons appearing in said Content sufficient to permit the legal use of their names and likeness, including waivers of all necessary rights of publicity and privacy.

3.2 That ADVERTISER has made no other agreements, obligations, commitments or legal encumbrances that might prevent or interfere with the rights and license that ADVERTISER has granted to MAXIM LIST, herein, or that might prevent Website from freely using the Content as provided in this Agreement.

3.3 That the Content is wholly original and has not been copied in whole or in part from any other work, picture or source; the visual images contained in the Content are neither fake nor "stock" photography, and that any photograph of a person depicted in the Content is a true and accurate representation of the person depicted and available for engagement.

3.4 That all persons depicted in photographs in the Content that ADVERTISER has submitted to MAXIM LIST were adults over the age of eighteen (18) years of age (or older, if the age of adult status is greater than 18 in the jurisdiction where the persons were photographed), at the time that said persons were photographed, in connection with the creation or production of the Content.

3.5 That, if ADVERTISER is an Agency, that all photographs of individuals contained in the Content are photographs of an adult entertainer who the Agency actually presently employs or represents; should such individual no longer be associated with the Agency, Agency shall notify MAXIM LIST within 24 hours.

3.6 That there are no depictions or portrayals of any performer, model or other person in any Content submitted by ADVERTISER that, in any manner, directly or indirectly communicates, suggests or implies that any such person is a person under the age of eighteen (18) years or is otherwise a minor.

3.7 That any personal identification and/or age verification documentation of the persons depicted in the Content that ADVERTISER has presented to MAXIM LIST for publication in the Website is valid, authentic and real; that the information contained therein is true and accurate; and that said documentation was issued by the authority of the person whose name appears on the documentation.

3.8 That no claim has been made against ADVERTISER and that ADVERTISER knows of no claim that the Content infringes the copyrights or violates the rights in any other work and/or of any person, film, or corporation whatsoever; that the Content is not in the public domain and enjoys and will enjoy, either statutory or (to the extent it may exist) common law copyright protection in the United States and all countries adhering to the Berne and Universal Copyright Conventions.

3.9 That all obligations with respect to the Content, including but not limited to, all salaries, royalties, present and future license fees, service charges and the like, if any, have heretofore been fully paid.

3.10 That the Contents: (a) contains no matter that is libelous, illicit, obscene or otherwise contrary to law; (b) does not involve depictions of actual sexual activity; (c) has not at any time been the subject of any prosecution, investigation or civil action by any party or governmental agency, and (d) does not contain any "visual depictions made after November 1, 1990 of actual sexually explicit conduct" as that phrased is defined under 18 U.S.C.§ 2257 et seq. and 28 CFR Part 75 et seq.,  or any other applicable Federal, state, local, and foreign jurisdiction laws and regulations.

3.11 That nothing in the Content constitutes an offer to engage in unlawful conduct or behavior, a solicitation to engage in unlawful conduct or a communication relating to unlawful conduct or behavior of any kind.

3.12 That if ADVERTISER is conducting a business that is described or featured in the Content submitted to MAXIM LIST by ADVERTISER or that is on ADVERTISER's website, that said business is lawful in the United States and any individual State and municipalities in which it operates.

3.13 That ADVERTISER acknowledges that ADVERTISER has fully read and understands this Agreement and agrees to all of the terms and conditions in said Agreement.

3.14 That ADVERTISER shall defend, indemnify and hold harmless MAXIM LIST, its officers and directors, successors, assigns, affiliates and licensees from and against any action, suit, claim, judgments, penalties, losses, damages, costs, charges, including reasonable attorney's fees, and other losses whatsoever which may be obtained or imposed by reason of the breach of any warranty, covenant, agreement or a misrepresentation made by ADVERTISER herein or any claim that any of the Content submitted by ADVERTISER to MAXIM LIST infringes any intellectual property rights or another rights of any third party on account of the use of the Content by MAXIM LIST as contemplated within the scope of this Agreement. ADVERTISER further agrees that ADVERTISER's indemnification obligations, as set forth herein, shall survive the termination of this Agreement.

4. Limitation Of Liability For Submitted Content. ADVERTISER agrees that MAXIM LIST shall not be responsible or liable in any way or to any degree for the loss or damage to any Content supplied or submitted by ADVERTISER to MAXIM LIST. ADVERTISER expressly acknowledges that ADVERTISER is only supplying copies of the Content to MAXIM LIST.

5. Limitation of Liability. ADVERTISER UNDERSTANDS AND AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAXIM LIST BE LIABLE FOR ANY DAMAGES WHATSOEVER TO ADVERTISER OR TO ANY PERSON OR ENTITY CLAIMING RIGHTS DERIVED FROM ADVERTISER'S RIGHTS (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE SERVICES PROVIDED BY MAXIM LIST, OR THE USE OF SOFTWARE, HARDWARE OR TELECOMMUNICATION FACILITIES BY MAXIM LIST IN PROVIDING SERVICES TO ADVERTISER, EVEN IF MAXIM LIST HAS BEEN ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. ADVERTISER ACKNOWLEDGES THAT THE FOREGOING SENTENCE REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT, THAT SUCH VOLUNTARY RISK ALLOCATION WAS A MATERIAL PART OF THE BARGAIN BETWEEN THE PARTIES, AND THAT THE ECONOMIC OR OTHER TERMS OF THIS AGREEMENT WERE NEGOTIATED AND AGREED TO BY THE PARTIES IN RELIANCE ON SUCH VOLUNTARY RISK ALLOCATION. IN ANY CASE, MAXIM LIST'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS SERVICE AGREEMENT SHALL BE LIMITED TO A TOTAL OF NO MORE THAN TEN DOLLARS ($10.00). BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE § 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

6. MAXIM LIST Functioning as ISP.

6.1 ADVERTISER agrees that ADVERTISER is solely responsible for any Content that ADVERTISER submits to MAXIM LIST for publication on the Website.

6.2 For the purposes of any enforcement of rights arising under this Agreement, MAXIM LIST shall be deemed to be an Internet Service Provider ("ISP") as that term is defined in the Digital Millennium Copyright Act ("DMCA") for all claims arising hereunder, and shall also be deemed to be an Interactive Computer Service as that term is used in the Communications Decency Act. ADVERTISER shall give notice and comply with the notification procedures of the DMCA and agree that MAXIM LIST will have and shall fully benefit from the safe harbor provisions set forth in the DMCA regarding ISPs, the liability limitations, Good Samaritan and other provisions pertaining to Interactive Computer Services set forth in 47 U.S.C. § 230 (c) et seq., and all similar notice and other provisions limiting or otherwise insulating the liability of ISPs and Interactive Computer Services pursuant to the statutory or case law of the United States, any state or territory thereof, or any jurisdiction in which ADVERTISER or ADVERTISER's assigns elect to bring any claim against MAXIM LIST or any of MAXIM LIST's assigns or sub-licensees of rights granted to MAXIM LIST hereunder.

7. Miscellaneous Provisions

7.1 ADVERTISER agrees that this Agreement together with MAXIM LIST's "Operational" and "Billing Guidelines" and any other relevant postings by MAXIM LIST on the Website contains the entire agreement between ADVERTISER and MAXIM LIST regarding ADVERTISER'S submission of Content to MAXIM LIST for publication on the Website. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by MAXIM LIST.

7.2 ADVERTISER agrees that this Agreement shall be governed by and construed under the laws of the State of Arizona and the United States as applied to agreements between Arizona state residents entered into and to be performed within the State of Arizona, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

7.3 ADVERTISER agrees that in case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included.

7.4 ADVERTISER agrees that for purposes of construction, this Agreement shall be deemed to have been drafted by both ADVERTISER and MAXIM LIST. Any and all ambiguities and/or inconsistencies shall not be construed in favor of or against either party hereto.

7.5 ADVERTISER agrees that in any legal action to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs.

7.6 In case of any litigation regarding this Agreement, ADVERTISER agrees that the venue for such litigation, depending on the subject matter of the dispute, shall be either in a state or Federal court sitting in Maricopa County, Arizona.  ADVERTISER hereby consents and stipulates to the jurisdiction of said state and/or Federal District Court.

7.7 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. This Agreement may be executed in one or more counterpart copies. Each counterpart copy shall constitute an agreement and all of the counterpart copies shall constitute one fully executed agreement. This Agreement may be executed on facsimile counterparts. The signature of any party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart.

By entering your age, clicking the "I AGREE" box AND hitting "ENTER" button below, and by entering this Website you agree with all of the above and certify under penalties of perjury that you are of the age of majority.

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2257 Notice / Terms of Use / Disclaimer