1. Your Acceptance
A. By using and/or visiting this Website (collectively, including all content and functionality available through the LaxLibrary.com domain name, the “Lax Library Website”, or “Website”), you signify your agreement to these terms and conditions (the “Terms of Service”). If you do not agree to any of these terms, please do not use the LaxLibrary.com Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. LaxLibrary.com may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
A. These Terms of Service apply to all users of LaxLibrary.com, including users who are also contributors of video content, information, and other materials or services on the Website. LaxLibrary.com includes all aspects of LaxLibrary.com.
B. LaxLibrary.com may contain links to third-party websites that are not owned or controlled by LaxLibrary.com. LaxLibrary.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party Websites. In addition, LaxLibrary.com will not and cannot censor or edit the content of any third-party site, sites framed within the Website, or third-party advertisements on the Website, and we do not make any representations regarding their content or accuracy. Your use of third-party sites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction that you conduct at a third-party site will be between you and the party providing that web site. This means that LaxLibrary.com is not your agent and is not a party to any transaction at a third-party site. By using the Website, you expressly relieve LaxLibrary.com from any and all liability arising from your use of any third-party website.
3. LaxLibrary.com Accounts
A. Access and Passwords- As part of the subscription process for this Site, you have selected or been assigned a particular user name and password in accordance with LaxLibrary.com’s user name and password guidelines. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR USER NAME AND PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR USER NAME OR PASSWORD. You agree that all actions taken by you, or any other user that accesses LaxLibrary.com using your user name, at or through the Website, will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or made an error. You assume all resulting liability from use of the Website and any services available on it by you or others using your user name or password.
B. Subscription Fees and Payments- Your subscription will continue and renew automatically, unless terminated by LaxLibrary.com or until you confirm your decision to terminate your subscription. If there are any annual, monthly, or similar periodic fees for your subscription (including any applicable taxes), these fees will be billed automatically to the credit card designated during the registration process for the Website or subsequently designated by you to LaxLibrary.com at the start of the annual, monthly or similar period, and at the start of each renewal period, unless you terminate your subscription before the relevant period begins. You agree to pay or have paid all fees and charges incurred in connection with your LaxLibrary.com user name and password (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges (including any applicable taxes) are nonrefundable. LaxLibrary.com may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All fees and charges (including any applicable taxes) incurred in connection with your LaxLibrary.com user name and password will be billed to the credit card designated during the registration process or subsequently designated by you to LaxLibrary.com. If you want to designate a different credit card or there is a change in credit card validity or expiration date, please access your "My Account" tab to your account. If you believe someone has accessed the Website using your user name and password without your authorization, you must email the LaxLibrary.com Help Desk as soon as possible. You also are responsible for any fees or charges incurred to access the Website through an Internet access provider or other third-party service. YOU, AND NOT LAXLIBRARY.COM, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
4. General Use of the Website Permissions and Restrictions- During the Term, LaxLibrary.com hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, license to use the Copyrighted content as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without LaxLibrary.com’s prior written authorization.
B. You agree not to alter or modify any part of the Website.
C. You agree not to access User Submissions (defined below) or LaxLibrary.com through any technology or means other than the video playback pages of the Website itself or other explicitly authorized means LaxLibrary.com may designate.
D. You agree not to use the Website for any commercial use, without the prior written authorization of LaxLibrary.com. Prohibited commercial uses include any of the following actions taken without LaxLibrary.com’s express approval:
- sale of access to the Website or its related services on another website;
- use of the Website or its related services, for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the LaxLibrary.com website or any third-party website, targeted to the content of specific User Submissions or LaxLibrary.com content;
- and any use of the Website or its related services that LaxLibrary.com finds, in its sole discretion, to use LaxLibrary.com’s resources or User Submissions with the effect of competing with or displacing the market for LaxLibrary.com, LaxLibrary.com content, or its User Submissions.
E. Prohibited commercial uses do not include:
- uploading an original video to LaxLibrary.com;
- showing LaxLibrary.com videos on an ad-enabled blog or website, provided the primary purpose of showing the videos is not to gain advertising revenue or compete with LaxLibrary.com;
- any use that LaxLibrary.com expressly authorizes in writing.
F. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the LaxLibrary.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, LaxLibrary.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. LaxLibrary.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
G. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
H. LaxLibrary.com reserves the right to discontinue any aspect of the Website at any time.
5. Your Use of Content on the Site- In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on LaxLibrary.com:
A. The content on the LaxLibrary.com Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to LaxLibrary.com, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. LaxLibrary.com reserves all rights not expressly granted in and to the LaxLibrary.com Website and LaxLibrary.com Content.
B. You may access User Submissions solely:
- for your information and personal use; and
- as intended through the normal functionality of LaxLibrary.com.
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of LaxLibrary.com Service. User Comments are made available “as is” and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of LaxLibrary.com Service or otherwise as prohibited under this Agreement.
D. You may access LaxLibrary.com Content, User Submissions and other content only as permitted under this Agreement. LaxLibrary.com reserves all rights not expressly granted in and to LaxLibrary.com Content and the LaxLibrary.com Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
G. You understand that when using LaxLibrary.com, you will be exposed to User Submissions from a variety of sources, and that LaxLibrary.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against LaxLibrary.com with respect thereto, and agree to indemnify and hold LaxLibrary.com, and its parent, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of LaxLibrary.com, nor any of their officers, directors, employees, or agents. You acknowledge that LaxLibrary.com does not pre-screen all content, but that LaxLibrary.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the Communication Services. Without limiting the foregoing, LaxLibrary.com and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable. You specifically agree that LaxLibrary.com is not responsible for any content sent using and/or included in the Site by any third party.
6. Your User Submissions and Conduct
A. User Conduct- The Site may contain bulletin board services, news groups, social media functionality, forums and/or other message or communication facilities ("Communication Services") designed to enable you to communicate with others. You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to the particular Communication Service. You are also prohibited from submitting to, posting on or transmitting through LaxLibrary.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" is prohibited. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize LaxLibrary.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your LaxLibrary.com User Submissions. However, by submitting User Submissions to LaxLibrary.com, you hereby grant LaxLibrary.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the LaxLibrary.com Website and LaxLibrary.com’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the LaxLibrary.com (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the LaxLibrary.com Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the LaxLibrary.com. You understand and agree, however, that LaxLibrary.com may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant LaxLibrary.com all of the license rights granted herein.
E. LaxLibrary.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and LaxLibrary.com expressly disclaims any and all liability in connection with User Submissions. LaxLibrary.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and LaxLibrary.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. LaxLibrary.com reserves the right to remove Content and User Submissions without prior notice.
7. Promotions- We may provide links (including inline links) to other websites or offer co-branded promotions with our partners on portions of this Service. These links and co-branded offers are intended as a reader service and a convenient way to purchase those products or services. Our business may receive a percentage of the sales proceeds from any purchases readers make by using certain of these features. The links will appear irrespective of what any of our editorial content may say about the product or service available for purchase.
8. Account Termination Policy
A. LaxLibrary.com will terminate a User’s access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. LaxLibrary.com reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, obscene or defamatory material, or excessive length. LaxLibrary.com may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
10. Warranty Disclaimer- YOU AGREE THAT YOUR USE OF LAXLIBRARY.COM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LAXLIBRARY.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. LAXLIBRARY.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA LAXLIBRARY.COM. LAXLIBRARY.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE LAXLIBRARY.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LAXLIBRARY.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11. Limitation of Liability- IN NO EVENT SHALL LAXLIBRARY.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LAXLIBRARY.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT LAXLIBRARY.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by LaxLibrary.com from its facilities in the United States of America. LaxLibrary.com makes no representations that the LaxLibrary.com is appropriate or available for use in other locations. Those who access or use LaxLibrary.com from other jurisdictions do so at their own volition and are responsible for compliance with local law.
12. Indemnity- You agree to defend, indemnify and hold harmless LaxLibrary.com, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of LaxLibrary.com.
13. Ability to Accept Terms of Service- You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
14. Assignment- These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LaxLibrary.com without restriction.
15. General- You agree that: LaxLibrary.com shall be deemed a passive website that does not give rise to personal jurisdiction over LaxLibrary.com. These Terms of Service shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. Any claim or dispute between you and LaxLibrary.com that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Adams County, Colorado. These Terms of Service shall constitute the entire agreement between you and LaxLibrary.com concerning the LaxLibrary.com Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and LaxLibrary.com’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. LaxLibrary.com reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the LaxLibrary.com Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND LAXLIBRARY.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO LAXLIBRARY.COM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.