SX Video Terms & Conditions

TERMS & CONDITIONS


This Agreement states the Terms and Conditions upon which you may use this Web Site (the "Site"). Please read this page carefully. By using the Site, you are agreeing to be bound by this Agreement between you and SoCal Media, Inc. (the "Company"), and to abide by the terms and conditions set forth herein. In addition, when using specific services, you agree to abide by any guidelines or rules posted in connection with those services, all of which are hereby incorporated by reference into this Agreement.


If you do not agree with any posted terms or rules, or with any part of this Agreement, you must not use the Site. This Agreement is subject to change by the Company at any time, and changes are effective upon posting at the Site. Your continued use of the Site following the posting of any changes to this Agreement means that you accept and agree to abide by such changes. If you do not comply with this Agreement at all times when using the Site, the Company reserves the right to deny or restrict your access to the Site. You should visit this page periodically to review the Terms and Conditions, because they are binding on you.



BILLING


If you purchase other goods or services offered on the Site, you authorize the Company or its authorized agent to charge your credit card (or other approved payment facility) for any and all such purchases. You agree not to report as lost or stolen any credit card which you have used in conjunction with payment to the Company or its authorized agent for goods or services that you do not have good reason to believe is, in fact, lost or stolen. You further agree not to report as unauthorized any charge for goods or services that you have, in fact, ordered from the Company. You hereby agree that any such false reporting of a lost or stolen credit card or of unauthorized charges shall render you liable to the Company for liquidated damages in the amount of $5,000.00. The liability for liquidated damages specified in this paragraph shall be in addition to any other liability you may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement.


You must promptly inform the Company and its authorized billing agent of changes in the expiration date of any credit card used in connection with the Site; changes in home or billing address; and any actual or suspected apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until you notify the Company and its authorized agent of a breach in security, you will remain liable for any unauthorized use of the Site. The Company will provide you with copies of billing records documenting charges for use of the Site upon request.



COPYRIGHT


The contents of the Site are intended for the personal, noncommercial use of its visitors and subscribers. All materials published on the Site (including, but not limited to articles, photographs, images, illustrations, audio clips and video clips) (the "Content") are protected by copyright and other intellectual property laws, and are owned or controlled by the Company, or by the party credited as the provider of the Content, software or other materials. You agree to abide by all additional copyright or other notices, information or restrictions appearing in conjunction with any Content, software or other materials accessed through the Site.


The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. You may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Terms of the Site), create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials or the Site in whole or in part.


THE USE OF THE CONTENT ON ANY OTHER WEB SITE (INCLUDING, WITHOUT LIMITATION, THUMBNAILING OF IMAGES BY IMAGE SEARCH ENGINES) OR IN A NETWORKED COMPUTER ENVIRONMENT FOR ANY PURPOSE IS PROHIBITED. FRAMING OF ANY PAGE, IMAGE, GRAPHIC OR OTHER CONTENT BY ANY OTHER WEB SITE IS PROHIBITED. LINKING IS PERMITTED ONLY TO PUBLIC AREAS OF THE SITE, AND THEN ONLY TO HTML DOCUMENTS. LINKING TO IMAGES ("HOTLINKING") IS EXPRESSLY PROHIBITED.


If you believe that content appearing on the Site infringes your copyrights or other rights, you must follow the instructions for notifying us located at webmaster@sxvideo.com



TRADEMARKS


SX Video and SX-Downlaods, graphics, logos, and Web Site names appearing on the Site are the trademarks of the Company or its respective content suppliers. These trademarks may not be used in connection with any product or Web site that is not the Company's or its respective content supplier's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company.



DISCLAIMER OF WARRANTIES


The Site may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness or timeliness of the Site or about the results to be obtained from using the Site. The use of the Site is at your own risk. Changes are periodically made to the Site and may be made at any time.


THE SITE IS PROVIDED BY THE COMPANY ON AN "AS IS" "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES AND REGARDLESS OF THE FORM OF ACTION ASSERTED. COMPANY DOES NOT WARRANT THAT THE SITE WILL BE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENTOR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.



RULES OF CONDUCT


When using the Site, you must abide by the Rules of Conduct. Violation of the Rules of Conduct may result in consequences including, but not necessarily limited to, immediate termination of your account and denial of access to the Site.



SOFTWARE LICENSES


Software that is made available for downloading from the Site, including but not limited to plug-ins ("Software") is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated Legal Notice accompanying such software ("License Agreement"). The downloading and use of such software is conditioned on your agreement to be bound by the terms of the License Agreement.



LIMITATION OF LIABILITY


Unless otherwise expressly provided in a Software License or Legal Notice, the Company's aggregate liability to subscribers for all claims arising from the use of the Site (including Software) is limited to $100.00 or the total amount received from you by Company or its agent in subscription payments in the prior three months, whichever is less.



INDEMNITY


You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site (including Software) or your breach of the terms of this Agreement. The Company shall provide notice to you promptly of any such claim, suit or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.



EXPORT CONTROL


The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Content (including Software) to countries or persons prohibited under the export control laws. By downloading the Content (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export or re-export of the Content or the Software.



USER INFORMATION


The Company's use of information that the Company collects about you, including (but not necessarily limited to) information that you provide, is governed by the Company's privacy policy, which is incorporated by this reference as though set forth in full herein. The Company's privacy policy.



APPLICABLE LAW


The Site is created and controlled in the State of California, USA. As such, the laws of the State of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. By using the Site, you agree to submit to the personal jurisdiction of the Superior Court of the State of California, County of San Diego and/or the United States District Court for the Southern District of California, and to waive any objection based on improper venue or inconvenient forum in any proceeding in such tribunals. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.


This Agreement contains the entire agreement between you and the Company regarding your use of the Site and all matters directly and indirectly related thereto.


ALL CONTENT APPEARING ON THE SITE IS INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE SUCH CONTENT DOES NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY.NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS APPEARING ON THE SITE OR PLACE ANY ORDERS FOR ANY GOODS OR WEB SITES ADVERTISED ON THE SITE. YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE OVER THE AGE OF 18 YEARS. YOU HEREBY ACKNOWLEDGE THAT EXPLICIT VISUAL, AUDIO AND/OR TEXTUAL DEPICTIONS OF HOMOSEXUAL CONDUCT APPEAR ON THIS WEB SITE, THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND, AND THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS.