WARNING! EXPLICIT ADULT CONTENT! ADULTS ONLY!
Please read these terms and conditions of use carefully before using XtotheMAX.com (the "Site").
Age and Legal Access Certification
By subscribing to and entering the Site, you certify the following information and understand that the Owner is relying on such certification and agreement to these terms of service for allowing entry into the site. You hereby certify under unsworn declaration of perjury the following:
1. That you are 18 or 21 years of age (whichever is applicable) or older;
2. That you are familiar with all local laws in your area affecting your legal right to access erotic or adult-oriented materials; and,
3. That you have the legal right to access erotic or adult-oriented materials and the Site has the legal right to transmit them to you; that you are requesting erotic or adult-oriented materials for your own private enjoyment and that you will NEVER share these materials with a minor or in ANY WAY make these materials available to a minor.
Custodian of Records
The actors, models, actresses and/or any other persons that appear in any visual depiction of actual sexually explicit and/or simulated sexual conduct appearing or otherwise contained on this Website were over the age of eighteen (18) years, or twenty-one (21) years of age, whichever is applicable, at the time of the creation of such. All other pictures, graphics, videos or other visual media contained in this production are exempt from the provisions of 18 U.S.C. Section 2257, or any amendments thereto, 18 U.S.C. Section 2257A, or any amendments thereto, and 28 C.F.R. 75 because said visual media were created prior to July 3, 1995, or the producer is a secondary producer and said visual media were created prior to July 26, 2006, or are depictions of simulated sexually explicit conduct or of actual sexually explicit conduct limited to lascivious exhibition of the genitals made before March 18, 2009. With respect to all visual media, as defined above, whether of actual sexually explicit conduct, simulated sexual content or otherwise, all persons in said visual depictions were at least eighteen (18) years of age, or twenty-one (21) years of age, whichever is applicable, when said visual media, as defined above, were created. Please direct questions pertaining to the content on this website to:
Custodian of Records: East Media Group, Inc.
20 Shawnee Drive
Watchung, NJ 07069
The original records required from the primary producer of said video and visual media and pursuant to 18 U.S.C. Section 2257 and 28 C.F.R. 75 for all materials contained in the website are kept by the following Custodian of Records
Documentation required pursuant to 18 U.S.C. 2257 is maintained by the applicable Custodian of Records for the primary producer of each visual depiction and the Custodian of Records information is available on the website by clicking the "Custodian of Records Info" link found under each boxcover for each visual depiction:
Access to the Site
To access the Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site will be correct, current, truthful, accurate and complete. If the Owner believes the information you provide is not correct, current, truthful, accurate or complete, the Owner has the right to refuse you access to the Site or any of its resources, and to terminate or suspend your access at any time.
Restrictions on Use
The Site may be hyper-linked to other sites which are not maintained by, or related to, the Owner. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with the Site or the Owner. The Owner has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user's own risk, and the Owner makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to the Site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by the Owner of that site.
You hereby grant to the Owner the royalty-free, perpetual, irrevocable, worldwide, non exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to the Owner through the Site (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. The Owner will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future the Owner operations.
YOU UNDERSTAND THAT THE OWNER CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. THE OWNER DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE OWNER DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE OWNER DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE OWNER MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT THE OWNER, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ITS CONTENT. THE OWNER MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. THE OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT'S APPROPRIATENESS OR AUTHORIZATION FOR USE IN ALL COUNTRIES, STATES, PROVINCES, COUNTY OR ANY OTHER JURISDICTIONS. IF YOU CHOOSE TO ACCESS THE SITE, YOU DO SO ON YOUR OWN INITIATIVE AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
Limitation on Liability
THE OWNER, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE OWNER AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE OWNER FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
TRADEMARKS, SERVICE MARKS, AND LOGOS APPEARING IN THE SITE ARE THE PROPERTY OF THE OWNER OR THE PARTY THAT PROVIDED THE TRADEMARKS, SERVICE MARKS, AND LOGOS TO THE OWNER. THE OWNER AND ANY PARTY THAT PROVIDED TRADEMARKS, SERVICE MARKS, AND LOGOS TO THE OWNER RETAIN ALL RIGHTS WITH RESPECT TO ANY OF THEIR RESPECTIVE TRADEMARKS, SERVICE MARKS, AND LOGOS APPEARING IN THE SITE.
Information You Provide
You may not post, send, submit, publish, or transmit in connection with the Site any material that:
" You do not have the right to post, including proprietary material of any third party;
" Advocates illegal activity or discusses an intent to commit an illegal act;
" Is vulgar, obscene, pornographic, or indecent;
" Does not pertain directly to the site;
" Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
" Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
" Infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
" Violates any law or may be considered to violate any law;
" Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
" Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on the site;
" Solicits funds, advertisers or sponsors;
" Includes programs which contain viruses, worms and/or trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
" Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the site;
" Includes mp3 format files;
" Amounts to a 'pyramid' or similar scheme;
" Disobeys any policy or regulations established from time to time regarding use of the site or any networks connected to the site; or
" Contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
Any passwords used for the Site are for individual use only. You will be completely and totally responsible for the security of your password. The Owner will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that the Owner considers insecure, the Owner will be entitled to require the password to be changed and/or terminate your account.
Credit Card Usage
The Site permits you to use a credit card to place an order to purchase materials and products for a fee. By placing an order on the Site, you agree to pay the Owner all amounts accrued in your account, including, but not limited to sales, tax and shipping and handling charges, when due. Your ability to purchase materials and products is subject to limits established by the Owner and/or your credit card issuer. The Owner may bill your credit card at the time material is ordered or at any other time the Owner sees fit and appropriate to do so. The Owner reserves the right, in its sole discretion, without prior notice, to decline service to or terminate your Site account without notice. The Owner also reserves the right, in its sole discretion, without prior notice, to limit the order quantity on any material or product and/or to refuse service to any customer.
Termination of Service
Acts of God
Notices by site owner to customers shall be given by means of electronic messages or by a general posting on the site. Notices by customers to site owner shall be given by electronic messages unless otherwise specified in the agreement. All questions, complaints, or notices to site owner by means of electronic message must be sent to generalinquiries@adultvideolink. com. This will be the only acceptable form of communications.
Last updated: July 7, 2009
© 2003 - 2009 East Media Group, Inc.