This page explains our Terms of Agreements, which contain important information about your legal rights. When you use Delilah’s House, you’re agreeing to thesexasier to understand, we’ve numbered and highlighted text. The annotations aren’t part of the official terms and have no legal effect, but are intended to help you follow the text.
ADVERTISER AGREEMENT
Effective June,24 2024
This Advertiser Agreement (“Agreement”) is made by and between you, an individual or entity that seeks to advertise content and social media links to collaborate (“Advertiser”), and Delilah’s House LLC (“Company”), the operator of www.DelilahsHouse.AI, www.DelilahsHouse.AI, and any affiliated website or mobile version (“Website(s)”), that permits approved Advertisers to publish posts advertising the sale of such services, including all text, photographs, video, graphics, website and social media links, stage name(s), characters, personas, biographical data, contact information, and other materials or information contained therein (“Advertisements”).
1. Acceptance and Modification of this Agreement
1.1 Advertiser may not pick and choose those terms which apply to Advertiser. If Advertiser does not agree with all provisions of this Agreement, Advertiser must cease all access to, and use of, the Websites. Nothing in this Agreement is intended to create any enforcement rights by third parties.
1.2 Advertiser represents and warrants that Advertiser (i) is at least eighteen (18) years of age or older, and is at least the age of majority in Advertiser’s jurisdiction, (ii) has the legal capacity to enter into and agree to this Agreement, (iii) is using the Websites freely, voluntarily, willingly, and for Advertiser’s own personal enjoyment, (iv) has not been convicted of a felony or any criminal sexual offense, and is not required to register as a sex offender with any government entity, (v) has not been convicted of and is not the subject of any prosecution, investigation, or civil action for illegal prostitution or sex trafficking, (vi) does not offer, nor intend to offer, any illegal services, including, but not limited to illegal prostitution or sex trafficking, and (vii) is accessing and using the Websites as is legal and permissible in Advertiser’s jurisdiction.
1.3 Advertiser further represents and warrants that Advertiser is not a resident of, nor located in, Afghanistan, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria, The United Arab Emirates, nor any other geophysical place or jurisdiction corresponding to a political entity or part thereof in which the access to or use of the Websites would constitute a violation of any law, regulation, rule, or custom.
1.4 Nobody is authorized to access or use the Websites as an Advertiser unless they have accepted this Agreement. Such acceptance does not need to be through a physical signature, since electronic acceptance of this Agreement is permitted by law. Advertiser manifests acceptance of this contractual Agreement by taking any action demonstrating assent thereto. Examples of such actions include typing Advertiser’s name in a signature field, checking a box or clicking a button containing the words “I agree”, “continue”, or some similar syntax. Advertiser understands that this has the same legal effect as Advertiser’s placing a physical signature on any other legal contract. If Advertiser fails to take such action, Advertiser is still bound by the terms of this Agreement by virtue of Advertiser’s accessing any portion of the Websites. If Advertiser clicks any link, button, or other device provided to Advertiser in any part of the interface of the Websites, then Advertiser has legally agreed to the terms and conditions contained herein. Additionally, by accessing or using the Websites in any manner, including publishing Advertisements for publication on the Websites, Advertiser understands and agrees that Company will consider such use as Advertiser’s affirmation of Advertiser’s complete and unconditional acceptance of this Agreement.
1.5 From time to time, Company may revise this Agreement. Company reserves the right to do so, and Advertiser agrees that Company 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 Advertisements or other information provided to Company by Advertiser. 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 the Company, which will exclusively be governed under the version of this Agreement published when the Advertiser posted the Advertisements. Company agrees that if it changes anything in this Agreement, Company will change the “Last Updated” date at the top of this Agreement so that it is immediately obvious that Company 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 Updated” 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 Updated” 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. 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. Company is not responsible for Advertiser’s neglect of Advertiser’s legal rights.
1.6 Consideration for Advertiser’s acquiescence to this Agreement has been provided to Advertiser in the form of allowing Advertiser to apply to use the Websites as an Advertiser, which, if accepted, will include the right to establish an Advertiser account on the Websites (“Account”), publish Advertisements, and enjoy the associated promotional benefits. Advertiser acknowledges the existence and sufficiency of consideration upon Advertiser’s acceptance of this Agreement.
2. Accounts
2.1 Advertiser must register an Account with the Company. However, merely registering an Account does not grant the Advertiser the right to publish any Advertisements. Accounts must be approved by the Company before Advertiser may publish any Advertisement. Advertiser warrants and represents that all information provided in connection with registration for an Account is true and correct. Advertiser is permitted to create only one (1) Account, and transfer or sale of the same is prohibited. Registration for an Account may be denied, suspended, terminated, or banned by the Company at any time, in the Company’s discretion, if the Advertiser fails to meet or comply with this Agreement or any of Company’s publishing guidelines, quality assurance evaluations, 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.
2.2 Advertiser shall be responsible for all activities conducted through Advertiser’s Account, whether or not authorized by Advertiser. Advertiser agrees to immediately notify the Company of any unauthorized access to or use of Advertiser’s Account. Company disclaims any and all liability resulting from fraudulent access to and/or use of the Websites via Advertiser’s Account.
2.3 Advertiser acknowledges and agrees that the 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 Advertiser shall not share such information with any third party. Advertiser remains solely responsible and liable for the Advertisements in such Account regardless of any assistance that Company may provide Advertiser with respect to such Account (e.g., loading or transferring Advertisements into the account) as permitted under this Agreement.
2.4 Advertiser may be designated by a third-party individual that offers companionship, escorting or other personal services (“Provider”) to operate the Account and otherwise act on Provider’s behalf, so long as the Advertiser has agreed to this Agreement, and the Provider has submitted all necessary documentation to us and our third-party verification service providers and passed our verification procedures. Advertiser will not publish or attempt to publish any Advertisements depicting any third party who has not provided all necessary documentation to us and our-third party verification service providers and passed our verification procedures. Further, Advertisers will not publish any Advertisements depicting any third party who has not affirmatively consented to such publication. Advertiser is fully responsible for all Advertisements depicting Providers. We reserve the right to demand production of records demonstrating to our satisfaction that a Provider consents to the publication of any Advertisement depicting the Provider.
2.5 Before permitting Advertiser to publish any Advertisements, or engage in other activities on the Websites, Company, in its sole and absolute discretion, reserves the right to require Advertiser (and any Provider who has designated Advertiser as an Account operator) to (i) provide certain information and identification documentation, including an unblurred, uncropped, and otherwise unobstructed facial image for comparison to such documentation, and (ii) undergo and pass certain verification procedures. Advertiser hereby represents, warrants, and covenants to the Company that (i) all information and documentation provided by Advertiser (and any Provider who has designated Advertiser as an Account operator) to Company or our third-party verification service providers for the purposes of undergoing any verification process is truthful, current, complete, and accurate; (ii) that Advertiser (or any Provider who has designated Advertiser as an Account operator) has all rights necessary to use and present such information and documentation to Company; (iii) that any such documentation was issued by the authority of an appropriate and valid government agency of the person whose name appears on the documentation; and (iv) that Advertiser’s face (or, where applicable, Provider’s face) is clearly visible in any documentation and supporting photographs that Company reserves the right to require Advertiser (or, where applicable, Provider) to provide.
2.6 Provided Company approves Advertiser’s Account (or approves Advertiser as an operator of any Provider’s account), Company hereby grants Advertiser the right to use the Websites and to publish Advertisements in accordance with this Agreement. This Agreement does not constitute a license for Advertiser to use Company’s trade names, service marks, domains or any other trade insignia owned or licensed by Company, including but not limited to any mark listed here, except as may be permitted by Section 2.6 herein. Any use of any of Company’s or Company’s licensors’ trade names, service marks or any other trade insignia is strictly prohibited, absent Company’s prior written consent. Specifically, Advertiser is not permitted to register any Uniform Resource Locator (URL) or World Wide Web address that contains any of Company’s or Company’s licensors’ trademarks or URLs or that contains any terms that are confusingly similar to Company’s or Company’s licensors’ trademarks or URLs.
2.7 Advertiser may also apply to become Delilah’s House Verified. Verification is merely a label which guarantees that the documents that the Company has on file match with the authentication photo provided to Company by Advertiser. In the event Company approves the Advertiser’s application to the Delilah’s House Verified program, Company hereby grants to Advertiser a royalty-free license to use, copy, and publicly display the DELILAH’S HOUSE VERIFIED & Design collective membership mark in a manner subject to ongoing approval by Company. 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 Company as a prerequisite to use the mark; or (b) Company terminates this license in its sole discretion by and upon providing notice to Advertiser. Company reserves the right to implement a royalty or other consideration requirement for continuation of the rights granted hereunder.
3. Publishing Standards for Advertisements
3.1 Subject to Company’s approval of the Account and payment of all applicable charges and fees, Advertiser may publish Advertisements on the Websites, provided such Advertisements meet the following Publishing Standards and:
– do not offer for sale any illegal services, including, but not limited to illegal prostitution or sex trafficking;
– do not otherwise violate any law, rule, or regulation of the United States, the jurisdiction in which the Advertisement is published, or the jurisdiction in which the Advertiser resides;
– do not contain depictions of sexually explicit content, unclothed genitals or pubic area;
– depict only individuals who have consented to publication of the Advertisement on the Websites and who were over the age of eighteen (18) years of age (or older, if the age of adult status is greater than eighteen (18) in the jurisdiction where the persons were photographed or where the Advertisements will be published), at the time that said persons were photographed, in connection with the production of the Advertisements;
– do not suggest or attempt to create the impression that any individual depicted in the Advertisements is under the age of eighteen (18) nor use any terms or phrases to market themselves or the services that could be used to describe a minor;
– do not contain promotions of violence, harassment, defamation, hate speech or action, abuse, or obscenities, nor link to any third party website which promotes the same;
– do not utilize any fake or “stock” photography, and that any photograph of a person depicted in the Advertisements is a true and accurate representation of the person depicted and available for any services advertised;
– do not contain a video longer than three (3) minutes;
are in English, and
– do not use any slang, emojis, foreign languages, or other attempts to communicate or display any activity prohibited herein.
3.2 Advertiser understands and agrees that any violation of this provision or any other provision constitutes a material breach of this Agreement, allowing Company to immediately terminate this Agreement and the Advertiser’s Account, without refund. Advertiser understands that noncompliant Advertisements will be removed, and that Company does not edit noncompliant Advertisements, nor suggest changes to noncompliant Advertisements, to bring Advertisers into compliance with this Agreement. Instead, Company may delete, remove or refuse to publish any Advertisements that it believes to be in violation of this Agreement. Advertiser waives any and all claims relating to such removal. Any violation of the Publishing Standards can result in suspension or termination of the Advertiser’s Account along with a permanent ban on use of the Website.
3.3 Advertiser must maintain truthful, accurate, current, and complete documentation of all person(s) depicted in the Advertisements which demonstrates that all person(s) were over the age of eighteen (18) years of age (or older, if the age of adult status is greater than eighteen (18) in the jurisdiction where the persons were photographed or where the Advertisements will be published), at the time that said persons were photographed, in connection with the production of the Advertisements. Advertiser must present such documentation to Company upon request. Advertiser acknowledges that such documentation includes evidence of the date of production of any such depiction.
3.4 If the Advertisement(s) depicts or relates to any third party, Advertiser represents, warrants, and covenants that all photographs of individuals contained in the Advertisements are photographs of a service provider whom the Advertiser actually presently employs and/or represents. Should such individual no longer be associated with the Advertiser, the Advertiser shall notify Company within one (1) business day to make such alterations to any Advertisements to reflect any such change in association. Advertiser further represents, warrants, and covenants that the person signing this Agreement has personally reviewed age verification documents to confirm that the individual depicted in any Advertisements to be published on the Websites is over the legal age of consent in the jurisdiction where the Advertisement was created and where the Advertisement(s) will be published.
3.5 Advertiser bears full and sole responsibility for the production and publication of the Advertisements, whether by Advertiser or by a third party on Advertiser’s behalf, including any content accessible via any link Advertiser includes as part of the Advertisements, and for any technical malfunctions, errors, or other problems caused by such link. Advertiser specifically indemnifies and holds the Company (and its owners, officers and directors, successors, assigns, attorneys, 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 contents of the Advertisements, including any site linked to by the Advertiser. Advertiser warrants and represents that it has all necessary rights to display all Advertisements published on the Websites by Advertiser, including, without limitation, all necessary model releases, copyright licenses, trademark licenses, assignments, publicity rights and the like. Advertiser shall notify Company within one (1) business day of first posting of any necessary corrections, changes, or deletions thereto.
3.6 Advertiser hereby grants Company, along with its successors and assigns, a worldwide, non- exclusive, perpetual, royalty free, assignable, sublicense-able, and freely transferrable license to use, display, copy, publish, post, exhibit, broadcast, transmit, communicate, perform, distribute, and disseminate the Advertisements on the Websites and/or to incorporate such Advertisements into any form, medium, or technology now known or later developed. The license granted to the Company by the Advertiser shall permit publication of the Advertisements on other third-party websites which will assist Company with getting more viewers to see the Advertisements, including any derivative works based on, or compilation including, such Advertisements, for the purposes set forth in this Agreement including any uses necessary to effectuate the intent thereof. Advertiser agrees that this license includes the right of Company to place an “Delilah’s House” branded watermark on any component of the Advertisements that Advertiser publishes on the Websites. Advertiser further warrants and represents that Advertiser consented to the recording of any image or other content depicting the Advertiser in any Advertisements, and Advertiser consents to the publication of such Advertisements on Delilah’s House.
3.7 Advertiser acknowledges that merely stopping payment on their Advertisements or non- renewal of advertising with Company does not constitute a termination of license rights or this Agreement. Company shall not be required to return any Advertisements to Advertiser that Advertiser has published to the Websites. Notwithstanding anything to the contrary, Advertiser acknowledges that all Advertisements may be maintained indefinitely by the Company, 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 Advertisements, the publication of a profile section of the Advertiser, a sale of the Company or all or substantially all of its assets, and/or bankruptcy, receivership, or insolvency of the Company.
3.8 Notwithstanding any provision hereunder to the contrary, Delilah’s House may, but shall have no obligation to, enforce Advertiser’s copyrights or other intellectual property rights associated with the Advertisements published by Advertiser on the Websites. Advertiser acknowledges that intellectual property theft is rampant on the Internet, and that Advertisements may be stolen, copied, or otherwise infringed by third parties over which Delilah’s House 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. Delilah’s House retains the right to enforce its own copyrights, license rights, and other intellectual property rights associated with the Websites and related works. Advertiser will reasonably cooperate with Delilah’s House 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 Delilah’s House.
3.9 Delilah’s House is not required or obligated to pay Advertiser any monetary compensation for the license rights that Advertiser has granted to Delilah’s House hereunder, and Advertiser agrees that the publication of the Advertisements on one or more of the outlets on the Websites constitutes adequate and sufficient consideration for the grant of said rights.
3.10 Advertiser hereby represents, warrants, and covenants to Delilah’s House that (i) Advertiser owns or possesses the legal authority to transfer or grant to Delilah’s House any license rights, intellectual property rights, other legal or equitable rights necessary or required to permit the publication of the Advertisements on the Websites; (ii) 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 Delilah’s House hereunder or that might prevent Delilah’s House from freely using the Advertisements as provided in this Agreement; and (iii) all information contained in the Advertisements is truthful, accurate, current, and complete.
3.11 Advertiser agrees that Delilah’s House shall not be responsible or liable in any way or to any degree for the loss or damage to any Advertisements published by Advertiser on the Websites. All Advertisements are subject to Delilah’s House’s record retention and other related policies. Advertiser expressly acknowledges that Advertiser is only supplying copies of the Advertisements to Delilah’s House, and that Delilah’s House is under no obligation to maintain backup copies of any Advertisements published by Advertiser or return Advertisements to the Advertiser.
3.12 Advertiser represents, warrants, and covenants that the description of the services offered in the Advertisement are a truthful, accurate, current, and complete description of the services actually offered by the Advertiser. Whether in an Advertisement, in any communications with any other user of the Websites including through any third-party service provider, nor in any in-person meetings with any other user of the Websites, Advertiser will not offer to provide any illegal services or to otherwise engage in unlawful behavior. Offering or engaging in illegal activities, whether in the Advertisements or off the Websites, will result in termination of the Account.
3.13 Advertiser represents, warrants, and covenants that Advertiser has obtained all necessary licenses, permits, and authorizations from all applicable agencies and authorities to offer and provide the services described in the Advertisements.
