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Tuesday, 27 Jun 2017

Copyright or Trademark Infringement

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Copyright or Trademark Infringement

Ladyoak operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party. Details of that policy can be found here http://ladyoak.com/report-abuse. As part of Ladyoak's copyright policy, Ladyoak will terminate user access to the Website if a user has been determined to be a repeat infringer.

Transmission, distribution or storage of any material in violation of any applicable law or regulation, including export control laws, is prohibited. This includes, without limitation, material protected by patent, copyright, trademark, service mark, trade secret or other intellectual property rights. If you use another party's material, you must obtain prior authorization. By using the Services, you represent and warrant that you are the author and copyright owner and/or proper licensee with respect to any hosted content and you further represent and warrant that no content violates the trademark or rights of any third party. Ladyoak reserves the right to suspend or terminate a Customer's transmission(s) that, in Ladyoak's discretion, violates these policies or violates any law or regulation.

You acknowledge and agree that you are solely responsible for the content that you upload, store or share with others using the Service (collectively "User Content"), and for the consequences of uploading, storing or sharing any User Content. You agree that you will not use the Service to upload, store, or share User Content that you did not create or that you do not have permission to upload, store, and share. You promise that you have all intellectual property rights (including without limitation copyright and trademark rights), licenses, and permissions that may be needed to upload, store, or share your User Content. By uploading, storing, or sharing any User Content, you promise that doing so does not infringe any intellectual property rights of another person. You agree that you will not use the Service or the Site to post, transmit, or share child pornography. The use of the Service or the Site to publish or transmit child pornography will not be tolerated. If identified, it will be reported to law enforcement authorities and will result in termination of your account.

You understand and agree that Ladyoak may immediately suspend access to, terminate or remove, without notice, any account or content that violates any of these prohibitions. You agree that you will comply with all applicable terms, conditions and rules regarding the use of any website, forum, or service in or through which any link to content uploaded and stored using the Service is posted or distributed. You understand and agree that failure to do so may result in the suspension or termination of your account or of access to the Service. You understand that Ladyoak does not promise that User Content you upload, store, or share using the Service will be maintained by Ladyoak. You are solely responsible for creating backup copies of and replacing any and all User Content, at your own cost and expense. You agree that Ladyoak has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content. Ladyoak retains the right to create and revise limits on use, storage, upload and download speeds, sharing, maximum number and duration of look-ups or downloads and any other aspect of the Service, at its sole discretion and at any time, with or without notice.

Ladyoak will not routinely screen, monitor, review or revise User Content uploaded, stored, or shared using the Service. However, Ladyoak may review any such content and Ladyoak reserves the right to refuse to accept, store, or permit the sharing of any User Content, to remove any User Content from the Service, and to prevent the uploading, storage, or sharing of any User Content. Ladyoak does not endorse or support any User Content. Ladyoak does not guarantee the accuracy or reliability of any User Content. Ladyoak does not guarantee that User Content does not infringe third party rights, including intellectual property rights. Ladyoak does not guarantee that User Content will not be harmful or offensive. Ladyoak does not guarantee that User Content will comply with these Terms of Service. You acknowledge that any use of or reliance on User Content obtained through the Service will be at your own risk. If you become aware of any User Content that you believe violates these Terms of Service, or that is otherwise objectionable, you may inform Ladyoak.

Ladyoak permits the uploading of content and the hosting, sharing and publishing of such user uploads through links. You understand that whether or not such User uploads are published and/or uploaded, Ladyoak does not guarantee any confidentiality with respect to any uploads.

Ladyoak allows/permits you to link to materials on the Website for personal, commercial and non-commercial purposes only. Ladyoak reserves the right to discontinue any aspect of the Ladyoak website at any time.

You shall be solely responsible for any and all of your own uploads and the consequences of posting, uploading and publishing them. Furthermore, with uploaded content, you affirm, represent and/or warrant that:

  1. you own or retain the necessary licenses, rights, consents, and permissions to use all trademarks, copyrights, trade secrets, patents, or other proprietary rights; and
  2. You will not upload, or allow anyone else to upload, any material in breach of the terms and conditions referred to herein.
  3. You retain all of your ownership rights in your uploads.

In submitting material (video or other communication), you further agree that you shall not:

  1. 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 Ladyoak all of the license rights granted herein;
  2. publish falsehoods or misrepresentations that could damage Ladyoak or any third party;
  3. submit material that is obscene, illegal, unlawful, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  4. Upload any and all viruses.
  5. Impersonate another person. Ladyoak does not endorse any User uploads or any opinion, recommendation, or advice expressed therein and Ladyoak expressly disclaims any and all liability in connection with User uploads. Ladyoak does not permit copyright infringing activities and infringement of intellectual property rights through its service and Ladyoak will remove all Content and User uploads if properly notified that such Content or User uploads infringes on another's intellectual property rights. Ladyoak reserves the right to remove Content and User uploads without prior notice or delay. Ladyoak will also terminate a User's access to its Service, if they are determined to be an infringer. Ladyoak also reserves the right to decide in its sole and unfettered discretion, whether User uploads are appropriate and comply with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length. Ladyoak may remove such User uploads 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.

You understand and acknowledge that when using Ladyoak.com, you will be exposed to User uploads from a variety of sources and that Ladyoak is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User uploads. You further understand and acknowledge that you may be exposed to User uploads 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 Ladyoak with respect thereto and agree to indemnify and hold Ladyoak, its Owners, affiliates, operators, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website.

You agree that Ladyoak may at its sole discretion have the right to refuse to publish, remove, or block access to any User uploads that is available via the Website at any time, for any reason, or for no reason at all, with or without notice.

Ladyoak provides its website as a service to its users. However, Ladyoak assumes no responsibility whatsoever for monitoring the Ladyoak Services for inappropriate content or conduct. Ladyoak assumes no responsibility for the content, no obligation to modify or remove any inappropriate content and no responsibility for the conduct of the User uploads of any such content. Ladyoak may review and delete any User uploads that, in its sole judgment, violates this Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any User or person not associated with the Website. You are solely responsible for the uploads that you make available to any third-party website provided by the Website or any other material or information that you transmit or share with other Users or unrelated third-parties via the Website.

Account Termination Policy

By using our site and/or service, you agree that we are authorized to block your access and delete your files for any violation of our Terms and Conditions or for the following reason.

We have a policy of terminating, without notice and without recourse, accounts of subscribers or account holders who are repeat infringers of copyright and you agree that we may apply that policy to your account or subscription in our sole judgment based upon a suspicion on our part or a notification we receive regardless of proof of infringement.

A User's access to Ladyoak will be terminated if, under appropriate conditions, the User is determined to infringe repeatedly.

Ladyoak reserves the right to decide whether Content or if a User's uploads are appropriate and comply with these Terms and Conditions in regards to violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. Ladyoak may remove such User uploads and/or terminate a User's access for uploading such material in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion.

Misuse of System Resources

Customer shall not misuse system resources including, but not limited to, employing content which consume excessive CPU time or storage space; utilizing excessive bandwidth; or resale of access to content hosted on Ladyoak servers.

Other Activities

Whether lawful or unlawful, Ladyoak reserves the right to determine what is harmful to its Customers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Service or the Internet. Please be aware Ladyoak reserves the right to cancel any account or transmission they find in violation of any of the above policies. If appropriate, Ladyoak will refer complaints to law enforcement authorities, and in such case, Ladyoak will actively assist law enforcement agencies with the investigation and prosecution of any such activities, including surrendering Customer accounts and data information. Complaints about violators of our Policy should be sent via e-mail to abuse@Ladyoak.com. Each complaint will be investigated and may result in immediate cancellation of Services without prior notice.

No Warranty

You expressly understand and agree that: (a) your use of the Service is at your sole risk. Ladyoak Services are provided on an "as is" and "as available" basis. Ladyoak and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. Ladyoak and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of our Services, software, or content; (b) Ladyoak makes no warranty that (i) the Service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected; (c) any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material; (d) no advice or information, whether oral or written, obtained by you from us or through or from the Service shall create any warranty not expressly stated in these terms and conditions.

Indemnity

You agree to defend, indemnify and hold harmless Ladyoak, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use of the Service, or your breach of this Agreement or other Ladyoak policies, terms and conditions.

Limitation of Liability

Your use of Ladyoak is at your own risk. If you are dissatisfied with any aspect of our Service or with these terms & conditions, or any other rules or policies, your sole remedy is to discontinue use of the Service. You expressly understand and agree that Ladyoak shall not be liable for any direct, indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (I) the use or the inability to use the Service; (II) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party on the service; or (V) any other matter relating to the Service.

Modifications to Agreements, Policies or to our Services

Although we may attempt to notify you when major changes are made to these Terms and Conditions, you should periodically review the most up-to-date version. Ladyoak may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits. As such, we reserve the right to change these terms and conditions at any time without notice. We also reserve the right at any time to modify or discontinue the Service, temporarily or permanently, with or without notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service. You acknowledge that we may establish general practices and limits concerning use of the Service, including the maximum disk space that will be allotted on Ladyoak's servers on your behalf and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. Further, you acknowledge that Ladyoak may change subscription fees at any time without notice. Changes in subscription fees will take effect on expiration of any existing Customer subscription.

Termination

Without limiting other remedies, Ladyoak may immediately issue a warning, suspend (i.e., lock out access and operation of Services for Customer) either temporarily or indefinitely, or terminate Customer's account and refuse to provide Services to Customer if: (a) Ladyoak believes that Customer has violated or acted inconsistently with this Agreement, or any of our policies; or (b) Customer has failed to pay fees or other payments due to Ladyoak; or (c) Ladyoak is unable to verify or authenticate any information Customer provides to Ladyoak; or (d) Ladyoak believes that Customer's actions may cause legal liability for Customer, Ladyoak's other clients, or Ladyoak. Ladyoak may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these terms and conditions may be effected without prior notice and acknowledge and agree that Ladyoak may immediately deactivate, archive or delete your account and all related information and data and/or any further access to such data or the Service. Further, you agree that Ladyoak shall not be liable to you or any third-party for any termination of your access to the Service. Upon termination of this Agreement by either Customer or Ladyoak, all of Customer rights under this Agreement, and Ladyoak's provision of Services, will terminate immediately.

The Sections 6 ("Customer Data"), 9 ("No Warranty"), 10 ("Indemnity"), 11 ("Limitation of Liability") and this Section 13 will survive any termination of this Agreement.

Miscellaneous

These terms and conditions will be governed by and construed in accordance with the Laws of the Hong Kong Special Administrative Region of the People's Republic of China, excluding that body of law governing conflict of laws. Any legal action or proceeding relating to or arising out of these Terms or your use of the Website will be brought in Hong Kong and you submit to the venue and personal jurisdiction of such court. If any provision of these Terms is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Ladyoak's failure to act with respect to a breach by Customer or others does not waive Ladyoak's right to act with respect to subsequent or similar breaches. No action by Customer arising under this Agreement may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose.

Relationship

Customer and Ladyoak are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Assignment

Customer may not assign any of its rights, or delegate any of its duties, under this Agreement and any attempted assignment will be null and void.

Force

Operation of our Services may be interfered with by numerous factors outside of our control and we shall not be liable to you for any delay or failure in performance under this Agreement resulting directly or indirectly from causes beyond Ladyoak's control.

Interpretation

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, as narrowly as possible and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Ladyoak Confidential Information

You represent and warrant to Ladyoak that (a) you are not a competitor of Ladyoak, (b) you shall keep publicly unannounced information and materials pertaining to Ladyoak, pre-release software, testing or testing procedures strictly confidential and (c) you shall not use any information gained from access to the Ladyoak Website or use of the Ladyoak Services to compete with Ladyoak in its business.

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