These LAXD Market Terms of Use (the “Terms”) constitute a part of the “LAXD Terms of Use.”
In addition to the “Basic Guidelines” set forth in the LAXD Terms of Use, these Terms shall apply to the use of LAXD Market (the “Service”).
1. About the Service
The Service is provided by LAXD as a platform through which users may sell and purchase digital content.
Users shall complete their application for the Service by agreeing to all provisions of these Terms and entering the required information in the prescribed format.
Eligibility to use the Service shall be as follows:
- The user has read and agrees to comply with these Terms.
- The user has provided truthful and accurate registration information.
- The user has not previously been forcibly withdrawn or expelled by LAXD.
- The user is able to communicate with LAXD in a respectful and appropriate manner.
- The user is at least 18 years of age.
2. Use of the Service
- Users agree to use the Service in accordance with applicable laws, regulations, and usage standards, and to cooperate with the maintenance and administration of the site.
- Users agree to observe generally accepted standards of courtesy in using the Service, and shall refrain from sending mass emails or engaging in any form of direct mail activity by electronic mail or otherwise without the recipient’s prior consent.
- If any information provided at the time of application changes, the user shall promptly update such information by themselves through the members-only page after logging in.
- Requests to change registered information by email to LAXD or through the inquiry form shall be deemed invalid.
- Sellers using the Service shall, upon request from LAXD, promptly submit identification documents issued by a governmental authority for identity verification purposes.
3. Protection of Personal Information
LAXD shall strictly manage personal information collected from users in connection with the use of the Service in accordance with LAXD’s Privacy Policy.
4. Prohibited Acts
Any act that falls under, or is suspected by LAXD of falling under, the prohibited acts set forth in the “Basic Guidelines” is prohibited. In addition, the following acts, or acts suspected of falling under the following, are prohibited.
LAXD may take any legally permissible measure or procedure against any user or other service user who violates the prohibited acts, including without limitation suspension of content sales, invalidation of points, and suspension of accounts.
Whether any act or omission by a user or service user constitutes a prohibited act under this Article shall be determined at LAXD’s sole discretion. LAXD shall bear no responsibility or cost to users in connection with the removal, deletion, or other disposition of posts or other content in violation of this Article.If LAXD or any third party suffers damage as a result of any prohibited act, the user and/or service user shall compensate for such damage.
Prohibited acts include, but are not limited to:
- Duplicate posting of identical content
Posting multiple listings containing the same content is prohibited. This includes deleting content previously posted and reposting the same content as new.
- Hosting files on external or third-party servers
Files for content offered for sale must be uploaded to the LAXD Market server.
- Posting for purposes other than sale
Posting content not intended for sale, including notices or distribution of samples only, is prohibited.
- Directing users to third-party services
Directing users from LAXD Market to third-party services is prohibited, except for introductions to a seller’s blog or website, or to tools such as video players or file extraction software.
- Posting content involving children
Posting content containing expressions that sexually depict persons who can clearly be identified as infants or children is prohibited.
It is also prohibited to publish adult content on the Service that includes performers, subjects, or other persons under 18 years of age, or whose age cannot be verified as 18 years of age or older.
- Posting content that causes offensive impressions
Content containing expressions generally regarded as offensive, including defamation, slander, bodily harm (including hard BDSM), excrement/feces-related content, or bestiality, is prohibited regardless of whether such content is in video, image, or text form.
- Use of images without proper obscuring
The use of thumbnail images or images contained in content that do not sufficiently obscure genitalia or points of sexual contact is prohibited.
- Selling content lacking sufficient basis or substance
Selling information with insufficient factual basis or uncertain information is prohibited.
Selling products that clearly lack sufficient content volume is also prohibited (for example, videos of only a few seconds or only a few images).
- Selling content with misleading descriptions or insufficient information
Selling products in a manner that misleads purchasers into buying them is prohibited.
It is also prohibited to sell content that does not include necessary information, such as running time for videos or number of images for image products.
- Reproduction or resale of content
Reproducing, reposting, or reselling content after purchasing it is prohibited.
- Selling highly cash-convertible items
Listing gift certificates or other items with high cash equivalency, or selling content for the purpose of converting LAXD points into cash, is prohibited.
5. Disclaimer
In addition to the disclaimers set forth in the “Basic Guidelines,” LAXD shall bear no responsibility whatsoever for the following:
- LAXD does not guarantee the storage or preservation of user data and shall not be liable for any loss of or damage arising from the disappearance of data stored by users through the Service.
- LAXD shall not be liable in any way if purchased content becomes unavailable for viewing by a purchasing user because such content has been deleted by the seller or removed due to a violation of these Terms.
- Due to the nature of the products, returns and cancellations will not be accepted for any reason whatsoever.
- If the Service is terminated, regardless of the cause of such termination, LAXD shall not be liable to users for any damages.
6. Sales Commission
For each item of uploaded content sold through the Service, LAXD shall charge a sales commission equal to 30% of the sale price of such content.The sales commission shall be deducted from the sale price at the time the content is sold, and the user shall receive points equal to the sale price minus the sales commission.
If multiple items of content are sold at the same time, the above sales commission shall apply to each item of content individually.
7. Points
In using LAXD Points, users agree to the “LAXD Paid Services Terms of Use / LAXD Points Terms of Use” and the following provisions.
With respect to usage fees, methods of payment, receipt of compensation, and related matters, users shall comply with these Terms and with the fee regulations and compensation regulations separately established and displayed by LAXD on its website.
- It is prohibited to use a registered payment card in the name of a person other than the user of the Service or the user of the card payment service.
- It is prohibited to use, as a registered payment card, any card that has been lost or stolen by a third party, or any forged or altered card.
- Any damages, losses, or other disadvantages incurred by a user as a result of unauthorized use or similar circumstances shall be borne by the user. LAXD shall bear no responsibility whatsoever in connection with such unauthorized use or similar circumstances.
8. Cancellation of Sales Proceeds
If a credit card company cancels a transaction due to fraudulent use of a card, refusal of use, or any similar reason, LAXD may cancel the corresponding sales proceeds of the user and may deduct from the user’s points the amount corresponding to such canceled transaction
9. Withdrawal and Deletion of Registration
If a user wishes to withdraw from the Service, the user shall complete the withdrawal procedure through the LAXD ID management screen.
All rights of the user in relation to the Service shall be extinguished upon completion of the withdrawal procedure for the Service.
LAXD may terminate this agreement without prior notice for any of the following reasons:
- The user has failed to comply with any provision of this agreement.
- The user has engaged in unlawful acts.
- The user has engaged in prohibited acts.
- The user no longer satisfies the eligibility requirements for use of the Service set forth above.
- LAXD determines that communication by email with the user is impossible, including where emails from LAXD to the user are undeliverable on two or more occasions.
10. Amendment of these Terms
LAXD may amend or revise these Terms at any time at its own discretion without obtaining the user’s consent.
Any amended Terms shall become effective immediately upon being posted on this website.
As long as the user continues to use the Service, the user shall be deemed to have agreed to the Terms as amended.