In order to use this site, users are required to register for an account. Registration means providing us with information such as name, email, and personal information. This information is used by us to both contact the user and confirm the users identity as well as verify the users eligibility to use the site.
The information we collect is used to communicate with the user in a variety of ways. Primarily this will be to answer queries or assist with a users ability to use the site. We may ask the user to confirm their identity in correspondence, in which case we will refer to the users information for verification.
We may also use this information to identify users who wish to receive service/product information and/or newsletters and related material.
Non-personal user information may also be used by us to improve and/or personalise the site performance.
Although we take appropriate measures to safeguard against unauthorised disclosures of information, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Notice.
We have put in place measures (both physical and electronic) that limit the ability of others to access and use secure information that we collect from users of this site.
Last modified date: 20 NOVEMBER 2021
This agreement (the "Agreement") is made by and between the operator of the network of websites listed below (hereinafter referred to as “Living Dolls”, “the Company” AND/OR “Living Dolls Network”) and the person or entity accepting this Agreement (hereinafter referred to as "Advertiser") as of the date set on which acceptance of this Agreement occurs.
WHEREAS, Living Dolls may be or is engaged in, among other things, providing online services permitting Advertisers to submit and/or publish adult entertainer information, advertisements, and content on one or more owned or not owned, or affiliated, via contract or otherwise, websites, portals, networks, and other paper and electronic outlets (collectively, "Living Dolls Network"); and
WHEREAS, if Advertiser is an individual commercial business seeking to promote Advertiser’s own individual services, Advertiser wishes to promote and advertise such personal services by submitting videos, photographs, descriptions, text and other content and information relating to Advertiser on one or more of the outlets on Living Dolls Network and elsewhere, whether through the classified listings, banners, and/or links; and
WHEREAS, if Advertiser is a corporate entity, or individual commercial business seeking to promote the services of others, Advertiser wishes to establish an account with Living Dolls for the purpose of promoting the services of third parties by submitting videos, photographs, descriptions, text and other content and information about the adult entertainers whom Advertiser employs or represents for posting on one or more of the outlets on Living Dolls Network and elsewhere, whether through the classified listings, banners, and/or links; and
WHEREAS, subject to Advertiser’s strict compliance with the terms and conditions of this Agreement, Advertiser may submit and post Advertiser's supplied videos or images and content on one or more of the outlets on Living Dolls Network or utilise such other service as Living Dolls may make available to Advertiser from time to time;
NOW THEREFORE, in consideration of the mutual promises and agreements hereunder contained and for good and valuable consideration, the adequacy and sufficiency of which is acknowledged, the parties, each intending to be legally bound hereby, do agree as follows:
1.1 By becoming an Advertiser for this Site, Advertiser agrees to all terms and conditions within this Agreement. If Advertiser does not agree with all of the provisions of this Agreement, Advertiser must cease all access to, and use of, the Site and any other services provided by Living Dolls. Nothing in this Agreement is intended to create any enforcement rights by third parties.
1.3 From time to time, Living Dolls may revise this Agreement. Living Dolls reserves the right to do so, and Advertiser agrees that Living Dolls has this right. Advertiser agrees that all modifications or changes to this Agreement are in force and enforceable immediately upon posting and will apply to all content and information submitted to and/or retained by Living Dolls. Any updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. As a specific exception to the foregoing, no update or change to this Agreement will affect the financial obligations owed by the Advertiser to Living Dolls, which will exclusively be governed under the version of this Agreement published when the Advertiser posted Advertiser’s Content. Living Dolls agrees that if it changes anything in this Agreement, Living Dolls will change the “last modified date” at the top of this Agreement so that it is immediately obvious that Living Dolls has updated the Agreement. Advertiser agrees to periodically re-visit this web page, and to use the “refresh” button on Advertiser’s browser when doing so. Advertiser agrees to note the date of the last revision to this Agreement. If the “last modified date” remains unchanged from the last time Advertiser reviewed this Agreement, then Advertiser may presume that nothing in the Agreement has been changed since the last time Advertiser read it. If the “last modified date” has changed, then Advertiser can be certain that something in the Agreement has been changed, and that Advertiser needs to re-review it in order to determine how Advertiser’s rights and responsibilities may have been affected by the revisions. In the event any court deems acceptance of a modification to this Agreement to be ineffective for any reason, the parties intend for the most recent, previously-accepted version of the Agreement to be enforced. Waiver – By failing to periodically review this Agreement to determine if any of the terms have changed, Advertiser assumes all responsibility for such failure and Advertiser agrees such failure amounts to Advertiser’s affirmative waiver of Advertiser’s right to review the amended terms. Living Dolls is not responsible for Advertiser’s neglect of Advertiser’s legal rights.
By accessing this Website, you must:
(a) use the Website for lawful purposes only;
(b) not commit any act or engage in any practice that:
(i) is harmful to our systems, reputation or goodwill; or
(ii) interferes with the integrity of the Website, including, but not limited to, by hacking, transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;
(c) not bypass measures used to prevent or restrict access to our Service;
(d) not interfere with, transmit, sell, host, store or post any material on the Website which interferes with the privacy of, or is intended to harass, intimidate, act violently or inappropriate towards or be discriminatory against another Member or is unlawful, defamatory, threatening, harmful, inflammatory or otherwise objectionable; and
(e) not infringe any intellectual property rights or any other contractual or proprietary rights of another Member or third party.
2.1 Posting of Content. Subject to payment of all fees and Living Dolls' approval of Advertiser’s account registration request, Advertiser may submit advertising content for posting on Living Dolls Network. “Content” is defined as any of the Advertiser's content, materials, information, visual or audio media, images, photos, graphics, text material, website and social media links, stage name(s), character, persona, biographical data, and contact information. Publication of Content is subject to Advertiser’s strict compliance with Living Dolls' publishing guidelines, video and/or photo review policies, and compliance with this Agreement, including but not limited to the following:
2.2 Advertiser warrants and agrees that all Content submitted and/or posted by Advertiser shall have been produced in accordance with all applicable provisions of State or Territory legislation in which Advertiser is listed, as well as all other applicable federal, state, local laws or regulations.
2.3 Consideration: Consideration for Advertiser’s acquiescence to all of the provisions in this Agreement has been provided to Advertiser in the form of allowing Advertiser to use Living Dolls' Network, which includes allowing Advertiser to establish an Account on the Website, submit advertising Content, and enjoy the associated promotional benefits. Advertiser acknowledges the existence and sufficiency of consideration upon your acceptance of this Agreement.
2.4 Advertising Costs: To promote services on the Website, the Advertiser must select one or more of Living Dolls' advertising offerings. The rates associated with the different offerings, once selected, are prominently displayed at the time of purchase. Such rates are subject to change within Living Dolls’ discretion at any time. The costs associated with placement of ads and other services are conspicuously described on the Website, and incorporated herein by reference.
2.5 Living Dolls may decide to offer Advertisers a free period of advertising as part of any promotional campaign. In such cases, we will notify Advertisers of when the complimentary advertising period will commence and finish. Any payments are made through the relevant payment gateways. Living Dolls is not responsible nor has any control over any third party payment gateways. Advertiser acknowledges and agrees that Living Dolls will not be liable for any loss or damage arising out of Advertiser’s use of a third party payment gateway.
2.6 Advertiser bears full and sole responsibility for the production, publication, and posting of the Content. Advertiser shall notify Living Dolls within one (1) business day of first posting of any corrections, changes or deletions necessary if the Advertiser is unable to make these changes on the portal themself. No refunds or credits are provided by Living Dolls and none should be expected by the Advertiser.
(a) However, to the extent Living Dolls does provide a refund, Living Dolls, at its sole discretion, will either
(i) issue a credit back to any credit or debit card used to pay for the advertising service; To the extent Living Dolls does provide or post a credit to Advertiser’s account or has provided a credit in the past, in each case, for any reason whatsoever, such credit must be used no later than
1) one hundred eighty (180) days of being posted to the Advertiser’s account;
2) prior to termination of this Agreement; or one hundred eighty (180) days from the Effective Date of this Agreement, whichever occurs last. Otherwise, the credit will be cancelled and forfeited and no replacement will be provided. Any overpayment will be posted as a credit and handled in accordance with this paragraph.
(b) Advertiser bears full and sole responsibility for ensuring that each payment is appropriately and adequately marked such that Living Dolls is able to apply such payment to the Advertiser's account and advertisement. Advertiser must contact Living Dolls promptly if Advertiser believes that such Advertiser’s payment has not been applied correctly. If Living Dolls is unable to apply a payment within ninety (90) days after its receipt, such payment is forfeited, becomes the property of Living Dolls, and will not be refunded.
(c) The Advertiser agrees that the Subscription Fees are to be considered inclusive of GST (as per the meaning within A New Tax System (Goods and Services Tax) Act 1999 (Cth)). GST becomes payable on any party making a supply under this Agreement.
(d) Advertiser acknowledges and agrees that Advertiser’s financial institution or vendor may impose a fee on Advertiser as a result of Advertiser paying its advertising or service fees to Living Dolls using such financial institution or vendor’s credit/debit card or other payment method. Advertiser understands that domestic and/or international merchant processing may be used by Living Dolls and as such, additional international fees may be added. Advertiser is advised to understand such fees in advance as Advertiser is solely responsible for payment of such fees, and consider such fees when choosing a payment method and specific credit/debit card as fees do vary.
2.7 In addition to being solely responsible and liable for all Content submitted to Living Dolls Network, Advertiser is also solely liable for any content accessible via any link Advertiser includes as part of Advertiser’s Content, and for any technical malfunctions, errors, or other problems caused by such link. Advertiser specifically indemnifies and holds Living Dolls (which means Living Dolls, its owners, officers and directors, successors, assigns, lawyers, affiliates, agents and licensees, and, in all cases, their respective owners, officers and directors, successors, assigns, affiliates, agents, and licensees) harmless for any claims, debts or allegations relating to any site linked to one or more outlets on Living Dolls Network by the Advertiser.
2.8 Advertiser is solely responsible for any Content submitted to Living Dolls, by Advertiser or on Advertiser’s behalf by third parties (such as videographers or photographers or other delegates of Advertiser) and all provisions of this Agreement shall apply to such Content. Advertiser warrants and represents that it owns and retains, or has obtained from the Content owner, all necessary rights to display all Content submitted to Living Dolls in accordance with this Agreement, including, without limitation, all necessary model releases, copyright licenses, trademark licenses, assignments, publicity rights and the like. Advertiser specifically indemnifies and holds Living Dolls harmless for any claims, debts or allegations relating to any Content it submits and/or posts pursuant to this Agreement.
2.9 Prior to submitting any Content for publication, Advertiser must establish an advertising account (“Account”) with Living Dolls, which requires specific registration, verification, and payment information, at the discretion of Living Dolls. Advertiser warrants and represents that all information provided in connection with registration for an Account is true and correct. Advertisers are permitted to create only one (1) Account, and transfer or sale of the same is prohibited. Registration for an Account may be denied, suspended, or revoked by Living Dolls at any time, in Living Dolls’ discretion, if the Advertiser fails to meet or comply with Living Dolls' publishing guidelines, quality assurance evaluation, anti-fraud policies, or customer authentication efforts. Advertisers who have been rejected, suspended, denied, or banned from establishing an Account shall not attempt to register another Account using the same or different registration information. Any such circumvention efforts shall be deemed to be fraudulent and unlawful.
2.10 Advertiser may not create an Account if accessing the Website or its services would violate the laws of Advertiser’s jurisdiction.
2.11 Advertiser shall be responsible for all uses and/or activities conducted through Advertiser’s Account, whether or not authorised by Advertiser. Advertiser agrees to immediately notify Living Dolls of any unauthorised access or use of Advertiser’s Account.
2.12 Living Dolls disclaims any and all liability resulting from fraudulent access and/or use of the Website via Advertiser’s Account.
2.13 Advertiser may be provided online access to its Account. Advertiser acknowledges and agrees that such Account may be used solely to enable the purposes set forth in this Agreement including any uses necessary to effectuate the intent thereof. Advertiser will safeguard its Account password and other log-in information in accordance with industry standards, and shall not share such information with any third party. Advertiser remains solely responsible and liable for the Content in such Account regardless of any assistance that Living Dolls may provide Advertiser with respect to such Account (e.g., loading or transferring Content into the account) as permitted under this Agreement.
2.14 Privacy/Data Collection.
(b) Advertiser acknowledges and agrees that, in order for Living Dolls to conduct business, and at Living Dolls’ discretion, Advertiser will have to transfer personal information which will include account and advertiser information, payment information such as credit or debit card data, identification data, personal identification documents such as government identification cards or other verification documents where required, authentication or other photographs, and/or other age verification documentation and materials of the account owner or the persons depicted in the Content. In addition, Advertiser acknowledges and agrees that Living Dolls may record and store all interactions with Advertiser (eg., phone, live chat, email, internet, etc.). All of the above-referenced categories of information, data, and materials are referred to herein as “Active Data”.
In these Terms, “Intellectual Property Rights” means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.
3.1 Advertiser hereby grants Living Dolls, along with its successors and assigns, a worldwide, non-exclusive, perpetual, royalty free license to use, display, copy, publish, post, exhibit, broadcast, transmit, communicate, perform, distribute, and disseminate Advertiser’s Content on Living Dolls Network and/or to incorporate such Advertiser Content into any form, medium, or technology now known or later developed. The license granted to Living Dolls by the Advertiser shall permit publication of Advertiser Content on other third party websites which will assist Living Dolls with getting more viewers to see Advertiser's Content, including any derivative works based on, or compilation including, such Content, for the purposes set forth in this Agreement including any uses necessary to effectuate the intent thereof. Advertiser hereby grants Living Dolls the right, in Living Dolls' sole discretion, to process and/or make changes such as deletions to the Content in order for such Content to comply with all applicable laws, rules, and regulations (collectively, "Laws") and Living Dolls policies and procedures, and to deter third party intellectual property (e.g., copyright) infringement. Specifically, the Advertiser agrees that Living Dolls may place a "Living Dolls" branded watermark on videos or pictures submitted by the Advertiser to Living Dolls for display on Living Dolls' websites. Advertiser also understands and hereby consents and agrees that Living Dolls may enable Content viewers, Website users, and others, to create and/or post comments, ratings, reviews and the like (collectively, "Viewer Comments") about such Advertiser on one or more owned or affiliated websites. Advertiser expressly releases Living Dolls Network from any and all liability arising in connection with the Viewer Comments or Living Dolls' use of the Content, including, without limitation, liability arising from any blurring, distortion, alteration, watermarking or optical illusion that may occur.
3.2 Notwithstanding any provision hereunder to the contrary, Living Dolls shall have no obligation to enforce Advertiser’s copyrights or other intellectual property rights associated with the Content submitted and/or posted. Advertiser acknowledges that intellectual property theft is rampant on the Internet, and that Content may be stolen, copied or otherwise infringed by third parties over which Living Dolls has no control. Should any such infringement occur, Advertiser shall bear the sole obligation of enforcing Advertiser’s intellectual property rights, should it desire to do so. Living Dolls retains the right to enforce its own copyrights, license rights, and other intellectual property rights associated with Living Dolls Network and related works. Advertiser will, at all times, reasonably cooperate with Living Dolls and its counsel in respect of any suspected infringement or suit for infringement, including, without limitation, testifying, and by making available any records, papers, information, and the like when reasonably requested by Living Dolls.
3.3 Privacy / Security Warning: Please take note that while Living Dolls takes reasonable efforts to protect any personal information or private data Advertisers provide to Living Dolls, no website or server is immune from hacking or other breaches of security protocols, which can result in the wrongful public release of such information and data. Such actions may cause humiliation, mental / emotional distress, identity theft, and other significant damages. Advertiser therefore acknowledges and agrees that Living Dolls shall not be liable for any release of Advertiser’s private information, personal data, or Content, and Advertiser hereby holds Living Dolls harmless from any and all liability and claims associated therewith. Advertiser further acknowledges and agrees that the Website is an adult-oriented, erotic-themed advertising destination that can be accessed by users throughout the world. Advertiser therefore understands that any material submitted to the Website may be viewed by current and/or former friends, family, colleagues, associates, employers, and acquaintances.
3.4 Living Dolls is not required or obligated to pay Advertiser any monetary compensation for the license rights that Advertiser has granted to Living Dolls hereunder, and Advertiser agrees that the submission and/or posting of the Content on one or more of the outlets on Living Dolls Network constitute adequate and sufficient consideration for the grant of said rights.
3.5 The duration of the license rights granted hereunder by Advertiser to Living Dolls shall be for an unlimited period, except that said license rights may be terminated by Advertiser by terminating the Agreement as set out in these Terms and Conditions. Advertiser acknowledges that merely stopping payment on their advertisements or non-renewal of advertising with Living Dolls does not constitute a termination of license rights or this Agreement. After effective termination of license rights by the Advertiser, Living Dolls shall remove any Content from Living Dolls Network. Living Dolls shall not be required to return any Content to the Advertiser that the Advertiser has submitted to Living Dolls. Notwithstanding anything to the contrary, Advertiser acknowledges that all Content may be maintained indefinitely by Living Dolls, or its predecessors, agents, directors, shareholders, affiliates, successors and assigns for archival, contractual, and/or legal purposes including, without limitation, the publication of an archived section of ads, or a profile section of Advertisers, on its website, a sale of Living Dolls or all or substantially all of its assets, and/or bankruptcy, receivership, or insolvency of Living Dolls.
3.6 All license rights granted to Living Dolls hereunder shall be royalty free, fully assignable, transferable, and sub-licensable by Living Dolls, in its sole discretion.
3.7 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 acting on Advertiser’s behalf, with or without Advertiser's consent. Advertiser acknowledges that execution of an Advertiser Delegation Agreement does not release Advertiser from the terms of this Agreement and such Advertiser is jointly and severally liable for all actions of any delegate.
3.8 This Agreement does not constitute a license for Advertiser to use Living Dolls' trade names, service marks or any other trade insignia owned or licensed by Living Dolls and any term containing Living Dolls' protected trademarks, service marks or trade names. Any use of any of Living Dolls' or Living Dolls' licensors' trade names, service marks or any other trade insignia is strictly prohibited, absent Living Dolls' prior written consent. Specifically, Advertiser is not permitted to register any Uniform Resource Locator (URL) or World Wide Web address that contains any of Living Dolls' or Living Dolls' licensors' trademarks or URLs or that contain any terms that are confusingly similar to Living Dolls' trademarks or URLs.
3.9 Notwithstanding anything herein to the contrary, Living Dolls hereby grants to Advertiser a worldwide, royalty-free license to use, copy and publicly display the Living Dolls VERIFIED & Design collective membership mark in a manner subject to ongoing approval by Living Dolls. This license granted in this section shall continue until the first of the following events to occur:
(a) Advertiser fails to meet the qualifications established by Living Dolls as a prerequisite to use the mark; or,
(b) Living Dolls terminates this license in its sole discretion by and upon providing notice to Advertiser. Living Dolls reserves the right to implement a royalty or other consideration requirement for continuation of the rights granted hereunder.
Advertiser hereby represents, warrants, and covenants to Living Dolls as follows:
4.1 That Advertiser owns or possesses the legal authority to transfer or grant to Living Dolls any license rights, intellectual property rights, other legal or equitable rights necessary or required to permit the posting of the Content on one or more outlets on Living Dolls Network, including without limitation, all copyrights, trademark rights, trade dress rights, trade name releases, and model releases of all persons appearing in said Content sufficient to permit the legal use of their names and likeness, persona and/or character(s), including but not limited to releases of all necessary rights of publicity, commercial exploitation and privacy.
4.2 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 Living Dolls hereunder or that might prevent Living Dolls from freely using the Content as provided in this Agreement.
4.3 That the Content is wholly original and has not been copied in whole or in part from any third party's other work, advertisement, video, picture or source that is not owned or licensed to the Advertiser. The visual videos or images contained in the Content are neither fake nor "stock" videography or photography, and that any video or photograph of a person depicted in the Content is a true and accurate representation of the person depicted and available for any services advertised.
4.4 That all persons depicted in any video or pictorial representation in the Content that Advertiser has submitted to Living Dolls were consenting 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 videoed or photographed), at the time that said persons were videoed or photographed, in connection with the creation or production of the Content.
4.5 That, if the Advertiser utilises the Advertiser's Account to post Content relating to third parties, that all videos and photographs of individuals contained in the Content are videos and photographs of an adult entertainer who the Advertiser actually presently employs and/or represents. Should such individuals no longer be associated with the Agency, the Agency shall notify Living Dolls within one business day, and shall make such alterations to any posted Content to reflect any such change in association. The Agency further represents that the person signing this Agreement has personally reviewed age verification documents to confirm that the individual depicted in any Content submitted to Living Dolls is over the legal age of consent in the jurisdiction where the Content was created.
4.6 Living Dolls has a zero-tolerance policy toward human trafficking, the exploitation of minors, and any other illegal conduct. We cooperate with law enforcement,pursuant to appropriate process, such as a subpoena, in investigating criminal activity. Advertisements that violate our zero-tolerance policy will be rejected, and the submission of such advertisements for publishing may result in a referral to law enforcement and immediate account closure.
4.7 That any Advertiser who submits Content that refers to or depicts a place of business or venue, has the permission of the subject business or venue to publish such Content, and that such Content does not violate the intellectual property rights of the depicted business or venue.
4.8 That Advertiser has and maintains valid, authentic, and real documentation of the person(s) depicted in the Content that Advertiser has presented to Living Dolls upon request, demonstrating that such persons 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 videoed or photographed) when the Content depicting such persons was created. Advertiser acknowledges that such documentation includes evidence of the date of production of any depiction.
4.9 That no claim has been made against Advertiser in relation to the Content or otherwise, and that Advertiser knows of no claim that the Content infringes the intellectual property rights or violates the rights in any other work and/or of any person, film, or corporation whatsoever.
4.10 That all obligations with respect to the Content, including, without limitation, all salaries, royalties, present and future license fees, service charges and the like, if any, have heretofore been fully paid.
4.11 That the Content:
(a) is not illegal or contrary to Law;
(b) does not promote illegal activities or link to websites or social media promoting illegal activities;
(c) does not promote or link to violence contrary to Law;
(d) is not harassing, defamatory, hateful, abusive, libelous, or obscene;
(e) does not link to websites that contain content that is illegal, defamatory, hateful, abusive, libelous, or obscene;
(f) does not display the genitals or pubic area;
(g) has not at any time been the subject of any prosecution, investigation or civil action by any party or governmental agency.
Living Dolls reserves the right, but undertakes no obligation, to delete, remove or refuse to publish any Content that it believes to be illegal, obscene, offensive or in violation of this Agreement or its policies and procedures. Advertiser waives any and all claims relating to such removal.
4.12 That nothing in the Content constitutes or suggests an offer to engage in unlawful conduct or behavior, a meeting to engage in unlawful conduct or behavior, or a communication relating to unlawful conduct or behavior of any kind, in all cases, with respect to all applicable Laws. Such Content is strictly prohibited and posting the same will result in termination of the Advertiser's account with Living Dolls.
4.13 That if Advertiser is conducting a business that is described or featured in the Content submitted to Living Dolls by Advertiser or that is on Advertiser’s website or Advertiser’s own social networking site, that said business complies with all applicable Laws, and that Advertiser has obtained all necessary licenses, permits and authorisations to engage in such business from all applicable agencies and authorities.
4.14 If an Advertiser submits any material, including User Content, to the Living Dolls which contains music or audio content which is owned by another person or entity other than the Advertiser, Living Dolls may request that the Advertiser submit written evidence that they have obtained a licence to use that material. Living Dolls may place the material containing the music or audio content into moderation before it approves and publishes the material online, until which time, the audio material will be muted.
4.15 That Advertiser has read, understands, agrees to, and shall fully abide by Living Dolls' then current policies, statements and other operational procedures as they appear at www.livingdolls.com.au.
4.16 That Advertiser shall defend, indemnify and hold harmless Living Dolls from and against any action, suit, claim, judgments, penalties, losses, damages, costs, charges, including reasonable lawyer's fees, and other losses whatsoever which may be obtained or imposed by reason of the breach of any representation, warranty, covenant, or agreement or a misrepresentation made by Advertiser hereunder or any claim that any of the Content submitted by Advertiser to Living Dolls, or posted by Advertiser, infringes any intellectual property rights or another rights of any third party on account of the use of the Content by Living Dolls. Advertiser further agrees to reimburse Living Dolls for any costs, including lawyers fees, that it incurs in responding to subpoenas, discovery requests, court orders, law enforcement requests, or other legal processes involving Advertiser.
4.17 That Advertiser’s submission of any Content which violates the requirements set forth in this Agreement may constitute a material breach of this Agreement, allowing Living Dolls to immediately terminate same.
5.1 Advertiser agrees that Living Dolls 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 Living Dolls. All Content is subject to Living Dolls' record retention and other related policies. Advertiser expressly acknowledges that Advertiser is only supplying copies of the Content to Living Dolls, and that Living Dolls is under no obligation to maintain backup copies of any Content submitted by Advertiser or return Content to the Advertiser. Living Dolls do not endorse any of your Advertiser Content and expressly disclaim any and all liability in connection with them. Living Dolls does not confirm and verify Advertiser Content. In no event shall Living Dolls be liable for any claims by a user or any third party pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited to, any misleading or deceptive statements and/or misrepresentations incorporated into any Advertiser Content. It is the Advertiser’s sole responsibility to ensure the accuracy of the data inputted into Advertiser Content.
5.2 Advertiser agrees that Living Dolls shall not be responsible or liable for the acts or omissions of any users that contact Advertiser or visit Advertiser’s websites via Living Dolls Network or otherwise (“Traffic”). Such Traffic comes AS-IS without any warranties of any kind whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose or quality. Advertiser is responsible for ensuring that such Traffic agrees to Advertiser’s terms and conditions and if such Traffic violates any such terms and conditions, Advertiser agrees not to hold Living Dolls liable or responsible.
5.3 Advertiser agrees Living Dolls shall not be responsible or liable for the actions of any person who responds to an advertisement or Advertiser Content posted on Living Dolls Network. Advertiser specifically releases Living Dolls from any and all claims arising from personal injury, mental distress, property damage, loss of life, loss of liberty, injury, disease, pregnancy, or other damages / losses incurred by Advertiser as a result of interactions with third parties arising from Content posted on Living Dolls Network. In addition, Advertiser hereby releases Living Dolls (and its affiliates, officers, directors, agents, subsidiaries, joint venturers, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you may have with any users of the Site, whether it be at law or in equity. This includes, without limitation, any disputes regarding the performance of any obligations of those users and payments for any services rendered.
6.1 Disclaimer of warranties/assumption of the risk. Advertiser expressly agrees that Advertiser’s use of the services provided by Living Dolls is at Advertiser’s sole and exclusive risk. The services are provided on an “as is, with all faults'' and “as available” basis. Living Dolls expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, quality, title and non-infringement, to the maximum extent provided by law. Living Dolls makes no warranty that the services will meet Advertiser’s requirements, or that the services will be uninterrupted, timely, secure, or error free; nor does Living Dolls make any warranty as to the results that may be obtained from the use of the services, the viewers or users of its websites, the traffic, or as to the accuracy or reliability of any information obtained through the services or that defects in any software, hardware or the services will be corrected. Advertiser understands and agrees that any use it makes of any material and/or data downloaded or otherwise obtained through the use of the services is at Advertiser’s own discretion and risk, and that Advertiser will be solely responsible for any damage to its computer system or loss of data that results from the download of such material and/or data. Furthermore, the Advertiser also agrees that any informative articles, advertising tips or opinion articles (collectively referred to herein as "articles") located anywhere on the Living Dolls Network are not intended as either professional or legal advice and they solely reflect the opinions of the article's authors. Advertiser hereby agrees that any reliance on articles is solely an Advertiser's decision and Advertiser further agrees to waive any claims of liability that may arise from Advertiser's decision to follow any advice that may be contained in any articles.
6.2 Limitation of liabilities.
(a) Advertiser understands and agrees that to the maximum extent permitted by applicable law, in no event shall Living Dolls Network be liable for any damages whatsoever to Advertiser or to any person for any direct or indirect loss or damage, (including, without limitation, damages for loss of business profits, business interruption, loss of business information, and other special, exemplary, punitive, indirect, incidental or consequential damages or any other pecuniary loss) related to, based upon, or arising out of this agreement, the services provided by the company, reliance on the articles posted on the the company network, or the use of software, hardware or telecommunication facilities by the company in providing services to advertiser, even if the company 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, the company's entire liability under any provision of this agreement in the aggregate shall be limited in the aggregate to a total of no more than FIVE dollars ($5.00). In the event where jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply.
(b) To the fullest extent permitted by law, Living Dolls excludes all representations, warranties or terms (whether express or implied) other than those set out in these Terms.
(c) Pursuant to s64A of Schedule 2 of the Australian Consumer Law, this clause 13(bbb) applies in respect of services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption. Living Dolls liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by s51 to s53 of the Australian Consumer Law) is limited at our option to:
(i) the re-supply of the services or products; or
(ii) the payment of the direct cost of having the services or products resupplied.
7.1 The Advertiser agrees that the Advertiser is the creator and producer of its Content and is solely responsible for any Content that is posted on one or more of the outlets on Living Dolls Network, and accepts all obligations associated with the Content as described elsewhere in this Agreement.
7.2 The parties acknowledge and agree that Living Dolls acts as a facilitator of communication for its Advertisers and/or Users. Living Dolls does not produce, design, or otherwise provide any content to its Advertisers. As such, the parties acknowledge and agree that Living Dolls shall be deemed to be an Online Service Provider (“OSP”) and shall also be deemed to be an Interactive Computer Service. Nothing contained hereunder shall be interpreted as a waiver of rights in this regard. Advertiser shall give notice and comply with the applicable notification procedures and agree that Living Dolls will have and shall fully benefit from the applicable safe harbor provisions, along with the immunity, liability limitations, and other provisions pertaining to providers and users of Interactive Computer Services set forth in the applicable law, and all similar notice and other provisions limiting or otherwise insulating the liability of OSPs and providers or users of Interactive Computer Services pursuant to any jurisdiction’s laws that may apply in which Advertiser or Advertiser assigns elect to bring any claim against Living Dolls network or any Living Dolls assigns or sub-licensees of rights granted to Living Dolls hereunder.
7.3 Advertiser acknowledges its responsibility to prevent minors under its care from accessing harmful or inappropriate material. Advertiser agrees not to allow minors to view any such content, and Advertiser agrees to take responsible measures to prevent them from doing so. Living Dolls recommends that Advertisers conduct appropriate due diligence before purchasing or installing any online filter. Advertiser agrees to take particular steps to prevent minors from viewing content on Living Dolls Network if the Advertiser's computer or mobile device can be accessed by a minor. Finally, Advertiser agrees that if it is a parent or guardian of a minor child, it is Advertiser's responsibility, not Living Dolls', to keep any age-restricted content on Living Dolls Network from being displayed or accessed by Advertiser's children or wards.
7.4 Advertiser acknowledges and understands that Living Dolls operates as the provider of an Interactive Computer Service. Thus, Living Dolls is immune from, and cannot be held responsible for, claims arising from the publication or transmission of the Content of Advertisers and third parties. Living Dolls does not create such content, and is not responsible for the publication of remarks or communications of third-parties that may arguably rise to the level of being actionable under applicable law, including, but not limited to, the publication of material that might be considered defamatory, or violative of privacy or publicity rights. Note, that the law allows Living Dolls to remove or block any content found to be offensive, defamatory, obscene or otherwise violative of Living Dolls' policies, without impacting Living Dolls' status as the provider of an Interactive Computer Service.
7.5 Living Dolls website is a digital marketplace and/or directory that connects people seeking services (“Users”) with providers who offer those services (“Advertisers”). Users and Advertisers are both “Members” of the Platform for the purposes of this agreement. Living Dolls acts as an intermediary between Members and our role is limited to facilitating access to the Website and to the services offered by Advertisers. Living Dolls do not become a party to, or participant in, any contractual relationship between Members. Living Dolls are not acting as an agent or employer in any capacity for any Member. Living Dolls have taken all reasonable steps to ensure our Service at all times complies with the relevant anti-discrimination laws as applicable in each State and Territory. If a Member believes any aspect of our Service contravenes these laws, please contact us promptly so that we may resolve the issue.
8.1 Living Dolls never publishes advertising content for, nor accepts advertising content from any person under the age of 18 years old. Living Dolls never publishes videos or images of an Advertiser taken prior to the Advertiser’s 18th birthday. Living Dolls never allows an Advertiser to advertise, suggest or insinuate that they are under the age of 18 years old (even when Living Dolls has proof that the advertiser is actually at least 18 years old).
8.2 Living Dolls is not a creator or owner of this 3rd party content and does not suggest or provide any content to 3rd parties. Living Dolls does not enforce the intellectual property rights of Advertisers, as Advertisers retain the full rights and ownership of the content they provide, other than a limited license granted to Living Dolls through the Advertiser Agreement to host their content. Living Dolls is simply a publisher and not a content provider. Materials submitted which meet our publishing standards and quality assurance requirements are published without the input of Living Dolls' staff. Living Dolls will not publish any text that would be considered sexually suggestive or explicit or that solicits or could be misconstrued as soliciting or engaging in any unlawful conduct or behavior. Living Dolls will not publish any text that is discriminatory, offensive or otherwise inappropriate. Living Dolls will not publish any text that violates the copyrights, trademarks or intellectual property rights of any other adult industry company, product, person or service. Advertisers cannot post any reference or link, hyperlink or URL to any 3rd party websites. Advertisers cannot post threats to other Advertisers or Viewers. All text on advertisements has to be submitted and published in English. Living Dolls requires Advertisers to submit their text in exactly the way in which they want it presented on their advertisement. THE ADVERTISER’S ACCOUNT WILL BE CLOSED IF THEY SUBMIT TEXT THAT VIOLATES AUSTRALIAN LAW AND/OR SOLICITS ILLEGAL SERVICES.
8.3 Living Dolls will not publish any videos or images that would be misconstrued as engaging in any unlawful conduct or behavior. Videos or images that display watermarks with links, hyperlinks or URLs cannot be published. Living Dolls will not publish any videos or images that indicate, suggests, or would be misconstrued as suggesting that the Advertiser is below the age of 18 years old. Living Dolls will not publish any videos or images of an advertiser taken before the advertiser was at least 18 years old. Living Dolls will not publish any videos or images that is discriminatory, offensive or otherwise inappropriate. Living Dolls will not publish any illegal videos or images. Living Dolls requires Advertisers to submit their videos or images in exactly the way in which they want them presented on their advertisement.
8.4 Living Dolls will not publish any video that is longer than 60 seconds. Living Dolls will not publish any video that would be considered illegal. Living Dolls will not publish any video that is sexual activity or a sexual act. Living Dolls will not publish any video that simulates sexual activity or sexual acts. Living Dolls' video publishing policy is consistent with Living Dolls' photo publishing policy.
In the event of any controversy, dispute or claim between the parties under, arising out of or related to this Agreement (including but not limited to, claims relating to breach, termination of this Agreement, or the performance of a party under this Agreement) whether based on contract, tort, statute or other legal theory (collectively referred to hereinafter as “Disputes”), the parties shall follow the dispute resolution procedures set forth below. The parties shall first attempt to resolve a dispute, at the written request of either party, through discussions between the Executive and an authorised senior management representative of Living Dolls. If a dispute is not resolved by the foregoing discussions between the senior management of Living Dolls and the Executive within thirty (30) days, the parties agree, at the written request of either party, to submit the dispute to a sole mediator selected by the parties for settlement within an additional thirty-day period.
To the extent any Dispute is not settled by mediation as outlined above, then any Dispute shall be finally settled by arbitration in accordance with the Mediation Rules of the Resolution Institute or the parties may appoint a Mediator by mutual agreement. The parties agree to (i) appoint an arbitrator who is knowledgeable in employment and human resource matters and, to the extent possible, the industry in which Living Dolls operates, and instruct the arbitrator to follow substantive rules of law; (ii) require the testimony to be transcribed; and (iii) require the award to be accompanied by findings of act and a statement of reasons for the decision. The arbitrator shall have the authority to permit discovery, to the extent deemed appropriate by the arbitrator, upon request of a party, but such discovery process shall continue for no more than thirty (30) days. The arbitrator shall have no power or authority to add to or detract from the written agreement of the parties. If the parties cannot agree upon an arbitrator within ten (10) days after demand by either of them, either or both parties may request the Resolution Institute name a panel of five (5) arbitrators. Living Dolls shall strike the names of two (2) off this list, the Executive shall also strike two (2) names, and the remaining name shall be the arbitrator. The parties shall stipulate that arbitration shall be completed within sixty (60) days. All costs and expenses, including lawyers’ and the arbitrator’s fees, of all parties incurred in any dispute which is determined and/or settled by arbitration shall be borne by the party determined to be primarily liable in respect of such dispute; provided, however, that if complete liability is not assessed against any one party, the parties shall share the total costs in proportion to their respective amounts of liability so determined. Any award shall be final, binding and conclusive upon the parties and a judgment rendered thereon may be entered in any court having jurisdiction thereof.
10.1 All Content and other information provided by Advertiser to Living Dolls is deemed by the parties to be not confidential for any purpose. Notwithstanding anything to the contrary in this Agreement, Living Dolls may, in its sole discretion, respond to reasonable requests for Advertiser information, whether formal or informal. Living Dolls shall have no obligation to resist or oppose such requests, or notify the Advertiser of such requests, before providing any responsive information.
10.2 Each party acknowledges and agrees that it has fully read and understands this Agreement and has had the opportunity to engage legal counsel of its choice prior to acceptance. This Agreement contains the entire agreement between Advertiser and Living Dolls regarding the subject matter addressed hereunder. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Living Dolls. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. While this Agreement may be transferred or assigned by Living Dolls, it may not be transferred or assigned by Advertiser.
10.3 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.
10.4 Advertiser agrees that for purposes of construction, this Agreement shall be deemed to have been drafted by both Advertiser and Living Dolls. Any and all ambiguities and/or inconsistencies shall not be construed in favor of or against either party hereto.
10.5 Advertiser agrees that in any legal action arising out of this Agreement, the prevailing party shall be entitled to reasonable lawyer's fees and costs, including lawyer's fees on appeal.
10.6 Advertiser and Users use of the Site, these terms and conditions, and any dispute arising out of Advertiser or User use of this site is subject to the laws of Australia. Advertisers and Users agree to submit to the non-exclusive jurisdiction of the courts of Australia for determining any dispute concerning these Terms.
10.7 No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement.
10.8 Other than Advertiser’s obligation to pay fees when due, neither party will be held liable for, or will be considered to be in breach of or default under this Agreement on account of any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such party’s reasonable control and that such party is unable to overcome through the exercise of commercially reasonable diligence.
10.9 Advertisers may terminate this Agreement through the account management function available through the Website and termination will be effective immediately. Advertisers shall remain obligated to complete any outstanding payment for any Subscription Fee incurred before the Agreement termination date.
10.10 Living Dolls reserves the right to: cease operating the Website, without notice and for any reason; terminate our relationship with you if these Terms and Conditions are breached; AND Living Dolls will not be liable for any costs, losses or damages arising as a result of terminating your access to the Website.
10.11 All notices to Living Dolls hereunder must be sent to Living Dolls at firstname.lastname@example.org and in the subject line you must note attention to “Legal.”
10.12 For avoidance of doubt, to the extent an indemnification or release is provided in favor of or for the benefit of Living Dolls, such indemnification or release shall extend to Living Dolls' agents, affiliates, employees, officers, directors, shareholders, lawyers, vendors, contractors, predecessors, successors, and assigns.
10.13 The Website may contain links and other pointers to Internet websites or applications operated by third parties. We do not control these linked websites and are not responsible for the contents of any linked website. Your access to any such website is entirely at your own risk. You should contact the relevant third-party directly to enquire as to the accuracy and completeness of that information prior to entering into a transaction in relation to the third-party products and services.
10.14 Notwithstanding anything to the contrary in this Agreement or elsewhere, Living Dolls always reserves the right in its sole discretion to request photos for verification purposes, verify the age of the Advertisers including request of ID if required, verify the age of the Advertisers featured in any videos or photos at the time the videos or photos were taken, reject Content, change pricing and/or the pricing model, and/or change advertising categories and policies with respect to such categories and in addition, sell, transfer or assign any or all of the Advertiser data and information including, without limitation, personally identifiable information as such term has been broadly interpreted and defined (hereinafter “PII”) and/or provide it to a third party and all predecessors, successors and assigns in the event of bankruptcy, receivership, or insolvency or if Living Dolls or all or substantially all of Living Dolls' assets are acquired in a sale, merger or other reorganisation of Living Dolls in accordance with this Agreement – this authorisation and permission to survive any termination or expiration of this Agreement. To the extent Advertiser does not agree with changes to the pricing or pricing model or service options, Advertiser may terminate this Agreement and not place any future advertisements.
WHEREUPON, the parties hereby agree to the terms set forth above.