Those wishing to register to use Our Services, consent to the terms within This Document when applying to register to use an LAXDID. Those registered to use an LAXDID (Hereby referred to as or "Member(s)"), or all those (including Members) who potentially use any of Our Services (Hereby referred to as "User(s)") consent to holding full liability.
2. Using Our Services.
- LAXDID Application and Consent
An LAXDID application constitutes LAXD lending a User ID and password, necessary for use of Our Service. However, in the event that information supplied by the User during application contains falsehoods, or in the event that LAXD concludes that a User's use of LAXDID is inappropriate, LAXD retains the right to cancel any Members' LAXDID. LAXD is not obligated to notify the Member about the cancellation.
- Notice and Contact
LAXD will notify users about necessary information, in a matter LAXD considers appropriate, including through LAXD's website or e-mail etc. In this case, LAXD may use the information submitted by the users (including information provided by third-party service with user's consent). When such notices are sent by email or over our website, they may come into effect from the point they were sent. Users do not retain any right to refuse emails from LAXD, and Users are obligated to inform us of any change in contact email address, immediately. Users acknowledge that LAXD does not accept contact by phone, fax or visitation. All notices which require replies must be replied to within specified period by LAXD. If LAXD does not receive a confirmed reply within this period, LAXD retains the right to freeze and/or cancel Users' account(s).
- Registered E-mail Address, User ID and Password
Users are held fully responsible for their registered email addresses, User Ids and Passwords. By applying, Users agree that LAXD cannot be held accountable for any loss or damage caused by a User's mistake and/or inproper use by a third party. Furthermore, LAXD is not obligated to reissue Users' email address, User ID or password.
- Transfer/Sale of Service Privileges
Users are in no way permitted to sell, transfer or loan their LAXDID and/or service privileges to a third party without expressed approval from LAXD, nor may these be shared in a way that detriments LAXD.
All Users are required to have Internet access in order to use LAXD services. This Internet access will need to be installed and maintained at the User's own expense. LAXD is in no way responsible for arranging Internet access for Users.
- Traffic and Domain
LAXD retains the right to set and alter limitations to file sizes, savable domain space, and data transfer on its services, where otherwise undefined, and may do so at our own discretion.
- User Content
Members retain copyright and other privileges for all original, accessible information and creations on forums, blogs, websites and other LAXD services that they themselves create (Hereby referred to as "User Content" or "Content"). All User Content may be edited, translated, adapted, published, performed, presented, promoted, distributed or used for any other reason, by LAXD unconditionally. This is essential for the continual running of LAXD Services. Users consent to this.
- Third Party Contents
Users and/or Members may use, trade or download software from third party individual or business services when using Our Services. In this case the User must have permission or an agreement with the third party, separate from This Document. This Document has no legal affect on said separate agreement.
- Agent of Payee
3. Pay-for-use Services and LAXD Points
4. Prohibited Conduct and Bans
- LAXD expressly prohibits the following conduct, or any corresponding conduct as determined by LAXD, on Our Services. LAXD retains the right to ban, without warning, any User who has engaged in prohibited acts or conduct, or take any possible form of legal action; and may demand compensation or reparations from any User who caused any form of damage to LAXD or a third party.
Please refer here to see our Copyright Guideline.
- Breaching the trust of, or defaming other Users or third parties.Infringing others' Privacy rights, Image rights etc.
- Infringing on other Users' and/or third parties' industrial property rights (patents, trademarks etc.), copyright, trade secrets and/or intellectual property rights.
- Uploading or posting unlawful content, and/or supporting or encouraging illegal activity including but not limited to causing injury, theft, suicide, the use and/or sales of illicit substances as well as acts that encourage, solicit or suggest the use and/or sales of drugs.
- Maintaining content which violates local, regional, national, or international law; in particular that which violates US law.
- Depictions and/or conduct that go against public order or are immoral. Publishing and/or releasing vulgarities, in the form of video, audio, image, text etc. against other Users and/or third parties; or assisting in such an act.
- Hindering, interfering with, disturbing or blocking the use of Our Services to other Users, or engaging in conduct or performing actions which cause difficulty for others; or assisting in such an act.
- Engaging in discrimination against individuals, specific groups, government organizations, nations, products, political administrations, beliefs, ideas, ideologies, race, religion, ethnicity, gender etc. ; or engaging in slander or libel or any similar act that causes defamation to others; or assisting in such an act.
- Claiming to be another individual, business or organization, regardless of whether or not such an entity actually exists; and/or falsely claiming to be partners and/or in collaboration with an organization or business; or other such acts.
- Impersonating LAXD, content providers or management, or any other third party.
- Publishing or posting defamatory content or information which could potentially lead to damages to LAXD or LAXD's business partner(s).
- Acting in such a way as to place burden on LAXD's server(s); disrupting, damaging, limiting or interfering with LAXD's or others' computer software, hardware capabilities etc. or assisting in such an act.
- Posting the same, or similar, post or comment repeatedly. Spamming and/or trolling or other such acts.
- Engaging in conduct which is detrimental to the healthy development of, or causes harm to minors (eg. sending or posting violent images or text of child pornography, child prostitution, bestiality, or violence), or anything that promotes or assists such conduct.
- Giving advanced notice of crimes or of actions leading to crime, or posting threatening information which can be viewed by an unspecified number of people.
- Using Our Service(s) as a medium to do illegal business or commit conduct that runs counter to the law.
- Engaging in malignant business practices, our excessive solicitation to advertisements or religion.
- Establishing or recruiting people into pyramid schemes or other similar acts.
- Selling or attempting to sell Our Service(s) to a third party.
- Using, registering or upgrading mass amounts of software or programs, causing high access, and preventing our service from operating as intended.
- Collecting, video recording, duplicating, falsifying, distributing and/or displaying of contents and/or data acquired from Our Services without permission or the use, introduction or suggesting of tools or other means that may promote or encourage these acts.
- Inappropriate use or registration of multiple accounts or other conduct that prevents the stable operation of Our Services.
- Engaging in conduct that is detrimental to LAXD through misappropriate use and/or conducting prohibited actions by taking advantage of bugs, system malfunction etc.
- Acting by deleting or concealing LAXD's advertising space, or altering the position, color, size, code or other such properties of advertisements.
- Engaging in any other action which LAXD deems to be inappropriate.
- Users and Members are forbidden to publish or post any prohibited kind of content such as text, image, music, video etc. Even in the event that such data is set as private or limited in its Exposure Settings, applicable data is considered a violation the moment it arrives on LAXD Server(s).
- LAXD retains the right to deem what counts as a violation.
- Precautions when using Premium Services and/or Points
Members who have been deemed to have violated the Terms of Service and have their accounts frozen or canceled, will also have their contracts canceled. Even if this occurs before a contract is due to finish, requests for refunds of remaining money will not be valid. Points that are held by Users shall not be refunded.
5. Content Prohibited by Age
There are pages within Our Services that are may only be viewed by adults (Hereby referred to as "Adult Content"). There is no assurance that the services provided within the Adult Content area(s) of Our Services will include sexual content.
- Conditions of Use of Adult Content
- Adult Content on Our Services is only permitted to be viewed by those of the age of 18 or over. Viewing by Users and Members below the age of 18 is prohibited.
- Publishing of Adult Content shall be restricted to the Adult areas within Our Services.
- Publishing Adult Content on Our Services that includes performers, subjects and models etc. that are under the age of 18, or cannot prove that they are above the age of 18, is prohibited.
6. Limitation of Liability
LAXD takes absolutely no responsibility for any of the following.
- LAXD is in no way liable or responsible for content that users create themselves on Our Service(s) (Hereby referred to as "User Content" or "Content".) Users retain full statutory liability, including any and all court costs or damage payments due to their User Content. Also, content violating laws and/or regulations, as well as violating others' privacy or intellectual property rights; or libelous, defamatory or intimidatory content; and/or immoral or obscene content is the full responsibility of the User to delete swiftly. LAXD does not take responsibility for any User Content, and is not responsible to Users or third parties whatsoever.
- LAXD cannot be held accountable for any trouble you experience during use of Our Service(s). Users are responsible for managing their content. As such, if Users are in anyway harmed or experience damage or loss due to another User's Content LAXD is in no way responsible for compensation. This is especially true for Users engaged in business, who are obligated to explicitly specify the contractual relationship between themselves and other Users. All Users engaged in business, using LAXD Service(s), must attempt to prevent or resolve any potential or resulting issues between themselves and others.
- LAXD is not obligated to monitor or delete User Contents. Users retain all responsibility for all their Content. LAXD is not accountable for any damage or loss caused to Users or third parties due to any such Content.
- In such cases where a User is harming or causing damage to other Users and/or third parties; LAXD retains the right to, and shall not be held liable for, deleting and/or freezing the applicable User's ID and/or Contents, without forewarning, and at LAXD's own discretion.
- LAXD shall not be held responsible for any loss of data due to system failure or file corruption etc. Users shall take their own backup of data relating to User Content. LAXD shall not guarantee the integrity and security for any User Content data, in any way.
- LAXD will not disclose any personal information that Members/Users present us, such as your address, name, e-mail address, telephone number, fax number, etc. (Hereby referred to as "Personal Information") to other Users or third parties without the consent of the User. However, in the following cases LAXD retains the right to disclose Personal Information to third parties.
- Public institutions such as courts or the police, lawfully appeal for an inquiry.
- There appears to be imminent danger to a person's life, physical wellbeing, and/or property; and LAXD finds an urgent need to disclose the information.
- The sharing or disclosure of information is found to be necessary by LAXD, in order to provide desired Service(s).
- LAXD finds it necessary to disclose the information to other company(s) working with us, to better provide Service(s) to Users. (Such companies may not use Users' Personal Information, that LAXD provides them, in anyway that exceeds what is necessary to reach the intention stated above.)
- LAXD finds it necessary to disclose such information in order to restore or prevent a reduction in LAXD's SEO, Service Quality etc.; due to actions or conduct conducted by a User or Member.
- LAXD accepts no responsibility for any damage or losses incurred to Users accessing external links posted on Our Services' content or in a User's Content. All Users must acknowledge that LAXD can not be held accountable for the security, validity, integrity or accuracy of the information on any external sites.
- LAXD takes no responsibility for any damages or losses incurred from Users using Our Service(s), Users not being able to use Our Service(s) or Users not using Our Service(s).
- Our Services are managed and provided by LAXD from equipment within the United States of America. LAXD makes no assertion to the appropriateness or usability of Our Services in regards to their use in regions outside the United States of America. In the event that a User accesses from another legal jurisdiction, shall do so on their own volition, and be totally responsible for legal compliance of their place of access.
- When you withdraw from LAXDID, you will lose any and all rights such as to use all LAXD Services including getting prizes in campaigns by LAXD.
- Your LAXD Points will become invalid when you withdraw from LAXDID and, LAXD is unable to support any refunds or converting of LAXD Points.
- LAXD shall not support any reinstatement of any of Our Services after cancellation of the Services.
- If there is any difference or a contradiction between This Document and the translated version, the original version will be given priority.
9. Discontinuation of LAXD Service(s)
- LAXD retains the right to modify Our Service(s) without forewarning Users.
- LAXD may also, due to maintenance, system restoration, power failure, natural disaster or any other Force Majeure; permanently or temporarily discontinue any number of Our Service(s). In such cases we will attempt to notify Users beforehand; but in emergencies we may not be able to.
- LAXD retains the right to modify Service(s), or partially or completely discontinue Service(s) at LAXD's discretion, at any time LAXD deems appropriate. When or after a Service(s) is discontinued or erased, LAXD retains the right to deem whether or not to erase all posted data on LAXD servers (or third party servers used by LAXD).
- LAXD is not liable to any Users, and is not responsible for any damages or losses incurred due to the discontinuation of Our Service(s) for any reason.
10. Guarantee Limitations
LAXD will always try as hard as possible to maintain stability in Our Service(s), business practices, use and effects of use. However, LAXD does not guarantee any of the following.
- Continual operation. Operation of Service(s) without interruption.
- Total or complete recovery or restoration of any Service(s) that experiences a defect or bug.
- That destructive and/or malicious components such as computer viruses do not exist within Our Service(s).
- Provision of security methods to secure against the above 3 items.
11. Force Majeure
- Any disputes resulting from the use of Our Service(s), will be resolved through arbitrary proceedings recognized by Netherlands.
- If a resolution cannot be made through arbitration, a Netherlands Court receives exclusive jurisdiction rights.
- A contract may be created between the merchant and cardholder, where in this case, the governing jurisdiction would be Netherland. All disputes resulting from this contract will be resolved through arbitrary proceedings recognized by Netherlands, and not by the above clause. If a resolution cannot be made through arbitration, a Netherlands Court receives exclusive jurisdiction rights.
- The parties concerned are responsible for their own legal costs in court and arbitration. A contract may be created between the merchant and cardholder, where the governing jurisidiction is Netherlands. All disputes resulting from the contract will be resolved through arbitrary proceedings recognized by Netherlands. if a resolution cannot be made through atbitration, a Netherlands Court received exclusive jurisdiction rights.
- If any clauses in This Document are found to be invalid, or otherwise non-binding, by a court; all other clauses will still remain as valid and binding.
- All business relating to placing advertising on Our Service(s) is the responsibility of Users and corresponding advertisers. LAXD holds no responsibility for any losses or damages suffered, due to the posting of advertising on Our Service(s).
- LAXD may modify advertising space, position and/or display duration without forewarning. Users agree to and acknowledge this.
15. Refunds and Returns Policy
- You are to bear commission, tax or lump-sum payment for each premium service.
- When the payment for the initial registration or renewal is not made until the specified date, we consider that you do not intend to register or renew your premium membership and will terminates the contract.
- Even if we cannot collect a charge from a card company or its agency, you must agree to make a payment charged by us.
- When you approve billing to the credit card you specified, (we receive advance payment from a credit card company), we consider that you accept not only the billing you approved but also all the billing form the LAXD premium services you use (until the user cancels the premium services and cancellation procedure is completed) as long as the credit card is valid. In order to use a credit card, you must agree to this clause.
- We may revise charges or contents of premium services without users' approval. And also the revised charges will be applied when you renew your contract of a premium service.
- Payment must be made by the method we specify. When you make a payment by other methods or when losses are caused by it, we are not liable for them.
- Users agree to the fact that they cannot shorten the contract period of Premium Services.
- No requests for refunds, after purchasing Points or agreeing to use Premium Services, will be valid under any circumstances.
- In the event of a request for chargeback from a credit card company, the corresponding account shall be suspended.
- Payment transaction service via Hong Kong are provided by the following company. Contact information is as follows.
LAXD Video is a service which stores and distributes text, sound and/or video files, created and/or uploaded by Users, onto a webpage. LAXD Video is comprised of both a Free Version and, for those who pay a User Fee, a Premium Version.
1. Personal Information
2. Prohibited Conduct and Bans
LAXD retains the right to ban, without forewarning, any Users who engage in any of the following conduct. Also, releasing and/or uploading any prohibited content is expressly forbidden. LAXD retains the right to delete and/or remove any corresponding content.
- Users may not engage in any conduct or commit any acts prohibited by the Fundamental Guidelines, or any similar act.
- LAXD retains the right to take all measures or legal procedures against Users who violate the Fundamental Guidelines.
- Whether or not a User's conduct or omission counts as a violation is the right of LAXD to decide.
- The use of service to store videos instead of sharing is prohibited.
3. Limitation of Liabilities
- LAXD can not be held accountable for any matter mentioned in the Limitation of Liabilities section of the Fundamental Guidelines, nor for any of the following reasons.
- This Service is managed from and based in the United States of America. LAXD is not responsible for stating or asserting the correct, appropriate use by Users, anywhere outside of the United States of America. Users who access Our Service(s) from any other jurisdiction, are fully responsible for using and/or accessing Our Service(s) in a lawful manner in compliance with local laws and regulations.
4. Age Restriction
Content which only adults are permitted to view exist on the LAXD Video Service (Hereby respectively referred to as "Adult Content".)
- Conditions relating to Adult Content
- Adult Content is only permitted to be viewed by Users over the age of 18. Users under the age of 18 are expressly forbidden from viewing Adult Content.
- Users must upload all Adult Content into the Adult Content section of LAXD Video (http://video.laxd.com/a/).
- All people photographed and/or videoed, performers, models etc. must be 18 years of age or above at the time the images were taken.
- Any Adult Content including people photographed or videoed, performers or models etc. who are under 18 or can not prove they are 18 or older is expressly forbidden to be released on Our Service(s).
5. Premium Services
LAXD Video provides a Pay-for-use Service (Hereby also referred to as "Premium Service(s)"), under certain provisions.Users enter into a contract with LAXD from the moment of payment, for a specified Premium Plan. During this contract the User's corresponding Account will be set as a Premium Member. Users will comply with the usage fee, the method of payment and reimbursement; indicated both in This Document and on separate established LAXD sites.
- In accordance with LAXD Payment Rules and LAXD Reward Rules, Users can receive and/or earn rewards. LAXD receives a set percentage of those reward earnings.
- No refunds are provided once payment has been received in any circumstance.
6. LAXD Video User Content
- Users take full responsibility for all text, images and/or video etc. uploaded onto Our Service(s). LAXD expects that all uploaded User content on Our Service(s) has been done so with permission from the copyright and/or license holder(s).
7. Canceling the Service
- When a User wishes to cancel use of the LAXD Video Service they may do so from the LAXDID management screen.
- Users relinquish all rights they had using LAXD Video the moment they cancel LAXD Video.
- All Users of LAXD Video acknowledge and accept any and all amendments, changes and revisions to This Document as they occur.