Advertiser Agreement

The Advertiser affirms and guarantees that they (i) are at least eighteen (18) years of age and have reached the age of majority in their jurisdiction, (ii) have the legal capacity to enter into this Agreement, (iii) are using the Websites voluntarily and for business purposes, (iv) have not been convicted of a felony or any sexual offense and are not required to register as a sex offender, (v) are not involved in any prosecution, investigation, or civil action related to illegal prostitution or sex trafficking, (vi) do not offer or intend to offer illegal services, including but not limited to illegal prostitution or sex trafficking, and (vii) are accessing and using the Websites legally within their jurisdiction.

The Advertiser further confirms that they are not residing in or located in Afghanistan, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria, The United Arab Emirates, or any other location where using the Websites would violate local laws or customs.

Only those who accept this Agreement are permitted to access or use the Websites as an Advertiser. Acceptance can occur electronically and does not require a physical signature. Actions that indicate acceptance include entering a name in a signature field, checking a box, or clicking a button labeled “I agree” or similar. Such actions carry the same legal weight as a physical signature. If the Advertiser accesses any part of the Websites, they are bound by the terms of this Agreement. Clicking any link or button on the Websites signifies legal acceptance of the terms. By using the Websites in any capacity, including publishing advertisements, the Advertiser acknowledges and agrees to the full and unconditional acceptance of this Agreement.

The Company may revise this Agreement periodically. The Advertiser agrees that such revisions are effective immediately upon posting and apply to all information provided by the Advertiser. Updated versions supersede previous ones unless explicitly stated otherwise. Financial obligations remain governed by the version of the Agreement in effect when the Advertisements were posted. The Company will update the “Last Updated” date at the top of the Agreement to reflect changes. The Advertiser agrees to regularly check this page and refresh their browser to stay informed of updates. If the “Last Updated” date has changed, the Advertiser must review the Agreement to understand any modifications to their rights and responsibilities. If a court deems any modification ineffective, the most recently accepted version will be enforced. By not reviewing the Agreement periodically, the Advertiser waives the right to review amended terms, and the Company is not liable for the Advertiser’s oversight.

The consideration for the Advertiser's acceptance of this Agreement is the opportunity to apply for use of the Websites as an Advertiser, which includes the ability to create an Advertiser account, publish advertisements, and receive promotional benefits. The Advertiser acknowledges this consideration upon accepting the Agreement.

Advertisers must create an account with the Company, but registration alone does not confer advertising rights. The Company must approve accounts before any advertisements can be published. Advertisers are required to provide accurate information during registration. Each advertiser is restricted to one account, which cannot be transferred or sold. The Company reserves the right to deny, suspend, terminate, or ban accounts at its discretion if advertisers fail to comply with this Agreement, publishing guidelines, quality standards, anti-fraud policies, or authentication procedures. Rejected or banned advertisers must not attempt to create new accounts, as this is considered fraudulent and unlawful.

Advertisers are accountable for all activities conducted through their accounts, whether authorized or unauthorized. They must promptly notify the Company of any unauthorized access or use. The Company disclaims liability for fraudulent access or use of advertiser accounts.

Accounts should be utilized solely for the purposes outlined in this Agreement. Advertisers must protect their account passwords and login information according to industry standards and must not share them with third parties. Advertisers remain liable for all advertisements in their accounts, regardless of any assistance provided by the Company.

Solo account holders must not post advertisements featuring third parties. Operators of multiple advertiser accounts may post advertisements of verified third-party advertisers who have consented to be depicted and agreed to all terms. The account operator is responsible for all advertisements and payments. The Company reserves the right to request verification records and will remove depictions of advertisers who withdraw consent.

Before allowing advertisement publication, the Company may require advertisers to provide identification documentation and undergo verification procedures. Advertisers must provide truthful, current, and accurate information, and have the right to present such information. Government-issued documentation must be valid, and facial images must be clearly visible.

Upon account approval, the Company grants advertisers the right to use the Websites and publish advertisements as per this Agreement. This does not include rights to use Company trademarks or trade insignia without prior written consent. Advertisers are prohibited from registering URLs that contain or are similar to Company trademarks.

Advertisers may apply for Xgigs Verification, which confirms that provided documents match the authentication photo. If approved, advertisers receive a royalty-free license to display the XGIGS VERIFIED & Design mark, subject to ongoing Company approval. This license may be revoked if qualifications are not met or at Company discretion. The Company retains the right to implement future royalty requirements.

Upon Account approval and fee payment, Advertisers may publish content that adheres to these standards:

Legal Compliance: No illegal services, including prostitution or sex trafficking.

Jurisdictional Adherence: Comply with laws of the U.S., publication location, and Advertiser's residence.

Content Restrictions: No sexually explicit material or nudity.

Age Verification: Feature only consenting adults (18+ or local adult age).

Age Representation: No implications of underage individuals or related terminology.

Ethical Content: Exclude violence, harassment, hate speech, abuse, or obscenities.

Authentic Imagery: Use only genuine photos of available individuals.

Video Length: Limit videos to three minutes.

Language: English only.

Communication Style: Avoid slang, emojis, foreign languages, or coded references to prohibited activities.

These guidelines ensure content integrity, legal compliance, and user safety across our platform.

The Advertiser acknowledges and agrees that any breach of this provision or any other provision of this Agreement constitutes a significant violation, which grants the Company the right to immediately terminate this Agreement and the Advertiser's Account without providing a refund. The Advertiser understands that any noncompliant Advertisements will be removed and that the Company will not modify noncompliant Advertisements or recommend changes to ensure compliance with this Agreement. Instead, the Company reserves the right to delete, remove, or refuse to publish any Advertisements that it deems to be in violation of this Agreement. The Advertiser waives all rights to claim damages related to such removals. Violations of the Publishing Standards may lead to the suspension or termination of the Advertiser's Account, along with a permanent prohibition on the use of the Website.

The Advertiser is required to maintain truthful, accurate, current, and complete documentation for all individuals depicted in the Advertisements. This documentation must demonstrate that all individuals were at least eighteen (18) years old (or older, if the age of adulthood is greater than eighteen (18) in the jurisdiction where the individuals were photographed or where the Advertisements will be published) at the time the photographs were taken for the Advertisements. The Advertiser must provide such documentation to the Company upon request, acknowledging that this documentation includes proof of the date when the depiction was created.

The Advertiser assumes full responsibility for the creation and publication of the Advertisements, including any content accessible through links included in the Advertisements, as well as any technical issues, errors, or other problems arising from such links. The Advertiser specifically indemnifies and holds the Company (along with its owners, officers, directors, successors, assigns, attorneys, affiliates, agents, and, in all instances, their respective owners, officers, directors, successors, assigns, affiliates, agents, and licensees) harmless from any claims, debts, or allegations related to the contents of the Advertisements, including any sites linked by the Advertiser. The Advertiser represents and warrants that it possesses all necessary rights to display all Advertisements published on the Websites, including, but not limited to, all required model releases, copyright licenses, trademark licenses, assignments, publicity rights, and similar rights. The Advertiser must inform the Company within one (1) business day of the initial posting of any necessary corrections, changes, or deletions.

The Advertiser grants the Company, along with its successors and assigns, a worldwide, non-exclusive, perpetual, royalty-free, assignable, sublicenseable, and freely transferable license to use, display, copy, publish, post, exhibit, broadcast, transmit, communicate, perform, distribute, and disseminate the Advertisements on the Websites. This license also allows the Company to incorporate the Advertisements into any existing or future forms, media, or technologies. The license permits the Company to publish the Advertisements on third-party websites to enhance visibility, including any derivative works or compilations based on the Advertisements, for the purposes outlined in this Agreement. The Advertiser agrees that this license includes the Company's right to place an XGIGs branded watermark on any part of the Advertisements published on the Websites. The Advertiser further warrants that they consented to the recording of any images or content depicting them in the Advertisements and agrees to the publication of such Advertisements on Xgigs.

The Advertiser acknowledges that ceasing payment for their Advertisements or failing to renew advertising with the Company does not terminate the license rights or this Agreement. The Company is not obligated to return any Advertisements that the Advertiser has published on the Websites. Furthermore, the Advertiser understands that the Company may retain all Advertisements indefinitely for archival, contractual, or legal purposes, including but not limited to the publication of archived Advertisements, the creation of a profile section for the Advertiser, or in the event of a sale of the Company or its assets, bankruptcy, receivership, or insolvency.

Notwithstanding any contrary provisions, the Company may, but is not obligated to, enforce the Advertiser's copyrights or other intellectual property rights related to the Advertisements published on the Websites. The Advertiser acknowledges the prevalence of intellectual property theft on the Internet and understands that Advertisements may be copied or infringed upon by third parties, over which the Company has no control. Should any infringement occur, the Advertiser is solely responsible for enforcing their intellectual property rights if they choose to do so. The Company retains the right to enforce its own copyrights, license rights, and other intellectual property rights associated with the Websites and related works. The Advertiser agrees to cooperate reasonably with the Company and its legal counsel regarding any suspected infringement or legal action, including providing testimony and making available any relevant records or information when requested.

The Company is not required to compensate the Advertiser financially for the license rights granted herein, and the Advertiser agrees that the publication of the Advertisements on one or more outlets on the Websites constitutes adequate consideration for the rights granted.

The Advertiser represents, warrants, and covenants to the Company that (i) they own or possess the legal authority to transfer or grant any necessary license rights, intellectual property rights, or other legal rights required for the publication of the Advertisements on the Websites; (ii) they have not entered into any other agreements or commitments that would interfere with the rights and licenses granted to the Company; and (iii) all information contained in the Advertisements is truthful, accurate, current, and complete.

The Advertiser agrees that the Company shall not be liable for any loss or damage to the Advertisements published by the Advertiser on the Websites. All Advertisements are subject to the Company's record retention policies. The Advertiser acknowledges that they are only providing copies of the Advertisements to the Company, which is not obligated to maintain backup copies or return the Advertisements to the Advertiser.

The Advertiser represents, warrants, and covenants that the descriptions of the services offered in the Advertisements are truthful, accurate, current, and complete. The Advertiser will not offer illegal services or engage in unlawful behavior in any Advertisement, communication with other users of the Websites, or in-person meetings. Offering or engaging in illegal activities, whether in the Advertisements or elsewhere, will result in the termination of the Advertiser's Account.

The Advertiser represents, warrants, and covenants that they have obtained all necessary licenses, permits, and authorizations from applicable agencies and authorities to offer and provide the services described in the Advertisements.

In order to publish Advertisements, the Advertiser must select one or more of the Company’s advertising options and pay the corresponding fees. These fees for various offerings will be clearly presented at the time of purchase. The Company reserves the right to modify these fees at any time at its discretion. The fees are incorporated by reference into this Agreement. If an Advertiser establishes a multiple Advertiser account, they will be solely accountable for all financial responsibilities related to the Advertisements published through that account, even if those Advertisements feature only third-party Advertisers who have agreed to be represented through that account by accepting this Advertiser Agreement. Third-party Advertisers depicted in any Advertisements on a multiple Advertiser account will not be liable for any financial obligations to the Company.

The Company does not offer refunds or credits (including adjustments, coupons, 'Xgigs dollars,' etc.), and Advertisers should not anticipate any. However, if the Company decides to issue a refund, it will do so at its sole discretion by either (i) crediting the original credit or debit card used for the advertising service, or (ii) sending a refund check to the current address on record in the Advertiser’s account. This refund check must be cashed within ninety (90) days of issuance; otherwise, it will be canceled, and the refund amount will be forfeited with no replacement check issued. If the Company provides or posts a credit to the Advertiser’s account for any reason, that credit must be utilized within (i) one hundred eighty (180) days of being posted, or (ii) before the termination of this Agreement. Otherwise, the credit will be canceled and forfeited, with no replacement provided. Any overpayment will be credited and handled according to this clause.

The Advertiser is entirely responsible for ensuring that each payment is correctly marked so that the Company can accurately apply it to the Advertiser’s account and Advertisements. If the Advertiser believes that a payment has not been applied correctly, they must contact the Company promptly. If the Company cannot apply a payment within ninety (90) days of its receipt, that payment will be forfeited and will become the property of the Company, with no refund issued.

If the parties agree that the Advertiser will pay for Advertisements based on a variable fee model (such as impressions, clicks, exposure, conversions, etc., e.g., banner ads), the Advertiser must pay the Company a non-refundable retainer fee in advance. At the end of a reporting period, as determined solely by the Company, a report will be submitted to the Advertiser detailing the calculation of the advertising fee, which will then be deducted from the retainer amount. The Company’s records, files, statistics, and reports will be the sole basis for calculating the advertising fee and will not be subject to audit. Any inquiries regarding the fee calculation must be submitted within five (5) business days of the Company’s report submission, or the calculation will be deemed final. The parties acknowledge that this variable fee model is a standard practice among independent internet businesses and does not imply that the Company owns, controls, or influences the Advertiser’s business, which remains solely owned and controlled by the Advertiser.

The Advertiser acknowledges that their financial institution or vendor may impose fees for using their credit/debit card or other payment methods. The Advertiser understands that the Company may utilize domestic and/or international merchant processing, which could result in additional international fees. The Advertiser is advised to be aware of these fees in advance, as they are solely responsible for their payment, and should consider these fees when selecting a payment method and specific credit/debit card, as fees can vary.

Xgigs is committed to respecting the intellectual property rights of all parties and complies with the Digital Millennium Copyright Act (DMCA). The platform does not permit copyright infringement or violations of other intellectual property rights and will remove any user-generated content if properly notified that it infringes on a third party's copyrights. Xgigs has established a policy for terminating repeat copyright infringers in accordance with the DMCA and reserves the right to terminate user access to the platform based on its DMCA Policy or Repeat Infringer Policy, copies of which are available upon request. Furthermore, any abuse of the DMCA Notice & Takedown Policy will be considered a breach of this Agreement.

The Advertiser agrees to defend, indemnify, and hold harmless the Company, including its owners, officers, directors, successors, assigns, attorneys, affiliates, agents, and licensees, from any actions, suits, claims, judgments, penalties, losses, damages, costs, and charges, including reasonable attorney's fees, arising directly or indirectly from the Advertisements or any actions taken by the Advertiser or individuals acting under the Advertiser’s authority, including breaches of this Agreement. The Company will promptly notify the Advertiser via email of any such claims or suits and may fully cooperate, at the Advertiser's expense, in their defense. While the Company reserves the right to participate in the defense of such claims at its own expense and select its legal counsel, it is not obligated to do so. Additionally, the Advertiser agrees to reimburse the Company for any costs incurred in responding to subpoenas, discovery requests, court orders, law enforcement inquiries, or other legal processes involving the Advertiser.

The Advertiser acknowledges that the Company is not responsible or liable for the actions or omissions of any users who visit websites linked in the Advertisement, contact the Advertiser, hire the Advertiser, or otherwise interact with the Advertisement or Advertiser (Traffic). Such Traffic is provided AS-IS, without any warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or quality. The Advertiser is responsible for ensuring that such Traffic complies with their terms and conditions, and agrees not to hold the Company liable for any violations of those terms. The Advertiser specifically releases the Company from all claims arising from interactions with third parties related to Advertisements on the Websites, including claims of negligence, gross negligence, intentional infliction of emotional distress, defamation, privacy violations, intellectual property infringement, and any financial losses not attributable to the Company. Additionally, the Advertiser understands that, to the maximum extent permitted by law, the Company's total liability under this Agreement shall not exceed ten dollars ($10.00). This limitation may not apply in jurisdictions that do not allow such exclusions or limitations of liability.

All Advertisements are considered non-confidential by both parties for any purpose. Notwithstanding any provisions to the contrary in this Agreement, the Company may, at its discretion, respond to reasonable requests for Advertiser information, whether such requests are formal or informal. The Company is not obligated to resist or oppose these requests or to notify the Advertiser prior to providing any requested information.

This Agreement, along with the incorporated Terms and Conditions, represents the complete agreement between the Advertiser and the Company regarding the matters addressed herein. It supersedes all prior written and oral agreements, understandings, and representations and may only be amended with notice from the Company. This Agreement shall be binding on and benefit the parties and their respective heirs, personal representatives, successors, and assigns. While the Company may transfer or assign this Agreement, the Advertiser may not do so.

The Advertiser agrees that if any provision of this Agreement is found to be invalid, illegal, or unenforceable for any reason, such invalidity will not affect the remaining provisions, and this Agreement will be interpreted as if the invalid provision(s) had never been included.

The Advertiser acknowledges that this Agreement shall be deemed to have been drafted jointly by both the Advertiser and the Company. Any ambiguities or inconsistencies will not be interpreted in favor of or against either party.

In the event of any legal action arising from this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs, including fees incurred on appeal.

This Agreement shall be governed by and construed in accordance with the laws of Switzerland, excluding the application of the United Nations Convention on Contracts for the International Sale of Goods. In the event of a dispute, the parties shall first attempt to resolve it through good faith negotiations. If the dispute cannot be resolved informally, it shall be settled exclusively under the Rules of Arbitration of the Zurich Chamber of Commerce by a single arbitrator with expertise in Internet and e-Commerce disputes, appointed in accordance with those rules. The arbitration will take place in Zurich and will be conducted in English, except for claims seeking injunctive relief, which must be brought in a competent court in Zurich. The arbitrator is not authorized to award punitive damages, certify a class action, add parties, or disregard the provisions of this Agreement, and must adhere to applicable law. The arbitrator must be a member in good standing of a bar and able to sign an oath of neutrality. The arbitrator's decision will be final and binding, and any arbitral award may be entered as a judgment in any competent court. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO A TRIAL REGARDING ARBITRAL CLAIMS.

No waiver of any default by either party shall be interpreted as a waiver of any prior or subsequent default of the same or other provisions of this Agreement.

Except for the Advertiser’s obligation to pay fees when due, neither party shall be liable for, or considered in breach of this Agreement due to, any delay or failure to perform caused by circumstances beyond their reasonable control, including but not limited to acts of God, war, riots, embargoes, acts of civil or military authority, terrorism, pandemics, natural disasters, strikes, or failures of telecommunications or information services infrastructure. The affected party must promptly notify the other party of any force majeure event and make reasonable efforts to mitigate its impact.

The relationship between the Company and the Advertiser under this Agreement is that of independent contractors. Neither party shall represent themselves as a partner, franchiser, franchisee, broker, employee, agent, or representative of the other for any purpose. No party is granted the authority to create obligations or responsibilities on behalf of the other party beyond those established by this Agreement.

All notices to the Company must be sent using the contact form located at https://xgigs.io/contact-us, with attention noted to 'Legal.'

Any sections of this Agreement that by their nature should survive termination or expiration shall continue to be in effect after such termination or expiration for any reason.