<p>
Anime-Planet, including its successor or assigns ("Anime-Planet" or "we" or
"us") owns and operates the website "Anime-Planet.com" (including all features
and services, the "Site").
The Site permits users ("Users") to do the following
things: view and obtain information about animated series and related media,
including reviews and recommendations, create reviews and recommendations,
chat with other Anime-Planet users, and participate in discussions and other
social media features, contests, and promotions related to anime.
</p>
<p>
The following are the Terms of Use ("TOU" or "Agreement") for the Site.
We
reserve the right to modify the TOU at any time.
Your continuing use of the
Site manifests your willingness to be bound by the TOU and/or any changes we
make to the TOU.
We will change the "Last Updated" date at the top of this page
every time we modify the TOU.
If you do not wish to be bound by the TOU you may
discontinue your use of the Site at any time.
Please check the TOU regularly to
keep informed of any changes we may make to them.
</p>
<p>
YOU UNDERSTAND THAT BY USING THE SITE, REGISTERING TO BECOME A PART OF THE
ANIME-PLANET COMMUNITY ON THE SITE ("REGISTER" OR "REGISTRATION") OR BY POSTING
ANY CONTENT ON THE SITE OR REQUESTING THAT ANIME-PLANET POST SUCH CONTENT, YOU
ARE AGREEING TO BE BOUND BY THE TOU.
</p>
<p>
IF YOU AGREE TO THE TOU ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT
YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THE TOU AND YOUR AGREEMENT TO
THE TOU WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS.
IN THAT EVENT, "YOU"
AND "YOUR" WILL REFER AND APPLY TO THAT BUSINESS.
</p>
<p>
IF YOU DO NOT ACCEPT THE TOU IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE
SITE.
</p>
<p>
<b>Void Where Prohibited.</b> Use of the Site is void where prohibited.
</p>
<p>
<b>Privacy.</b> Your privacy is very important to us.
See how we collect and
use your personal information in our Privacy Policy, which
is incorporated into the TOU by this reference.
</p>
<p>
<b>Applicability.
Third Party Website and Links.</b> The TOU apply only to the
Site.
They do not apply to any third party websites to which the Site may link,
or to any other related sites from which you may have come to the Site or which
cover a similar topic area.
We recommend that you carefully review the terms of
use of every website that you visit to keep apprised of the conditions that
govern your use of that website.
</p>
<p>
Additional terms and conditions may apply to specific portions or features of
the Site, including contests, promotions or other similar features, all of which
terms are made a part of the TOU by this reference.
You agree to abide by such
other terms and conditions, including where applicable representing that you are
of sufficient legal age to use or participate in such service or feature.
If
there is a conflict between the TOU and the terms posted for or applicable to a
specific portion of the Site or for any service offered on or through the Site,
the latter terms shall control with respect to your use of that portion of the
Site or the specific service.
</p>
<p>
<b>Registration.</b> Some portions of the Site require you to register prior to
obtaining access.
We may post additional rules or guidelines in connection with
those portions of the Site, and your use of them must be consistent with those
rules/guidelines, in addition to being consistent with the TOU.
You understand
that not all features accessible via registration may be available indefinitely.
For example, you may register to be able to create a custom list of favorite
anime on the Site or to post other lists and/or content.
You understand that
such lists and content may not always be available and Anime-Planet reserves
the right to delete any or all of the foregoing if it deems doing so is
necessary to comply with applicable law or third party rights.
</p>
<p>To Register, you must:</p>
<ul>
<li>
be at least 13 years of age, and certain portions of the Site may be
restricted to registered users who are at least 18 years of age.
If you
are a citizen of a country in the European Economic Area (which includes the
European Union), and any other included country or territory
(collectively referred to as the European Region), you must be at least
16 years old (or such greater age required in your country) to register
or use the Site.
</li>
<li>
provide Anime-Planet with accurate and complete information.
</li>
<li>
not impersonate any other person, or use a username or password that
you are not authorized to use.
</li>
<li>
safeguard and maintain the confidentiality of your username, password
and corresponding account information.
and
</li>
<li>
not disclose your username, password or account information to anyone.
</li>
</ul>
<p>
You agree that you are entirely and solely responsible for any and all
activities or actions that occur under your account, whether or not you have
authorized such activities or actions.
You agree to immediately notify
Anime-Planet of any unauthorized use of your username, password or account.
Anime-Planet reserves the right to require you to change your username or
password for any reason and may do so at any time.
You agree not to share your
username and/or password with any third party and you will not use the username,
password, or other information of another User.
</p>
<p>
<b>Interactions With Other Users.</b> You are solely responsible for your
interactions (including any disputes) with other Users.
You understand that we
do not screen Users.
Your use of the Site, and any other content made available
through the Site is at your sole risk and discretion.
You agree to cooperate
fully with Anime-Planet to investigate any suspected unlawful, fraudulent or
improper activity, including, without limitation, granting authorized
Anime-Planet representatives access to any password-protected portions of your
account.
</p>
<p>
<b>Term and Termination</b>.
This Agreement remains in effect with respect to
your use of the Site even after your Registration is deleted or you leave the
Site.
</p>
<p>
If we determine that you have violated the TOU or pose a threat to
Anime-Planet, its affiliates or other Users, we reserve the right to, in our
sole discretion:
</p>
<ul>
<li>
reject, refuse to post, or remove any posting by you or any other party
for any reason and at any time.
</li>
<li>
deny, restrict, suspend, or terminate your access to all or any part
of the Site at any time, for any reason, or for no reason, with or
without prior notice or explanation, and without liability.
</li>
<li>
remove and/or delete your Registration.
and/or
</li>
<li>
notify authorities or take any actions we deem appropriate, with or
without notice to you.
</li>
</ul>
<p>
Anime-Planet will not be liable to you or any third party for termination of the
Site or termination of your use.
UPON ANY TERMINATION OR SUSPENSION,
ANY CONTENT, MATERIALS OR INFORMATION THAT YOU HAVE SUBMITTED ON THE SITE OR
WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU, SUBJECT TO
YOUR RIGHTS AS OUTLINED IN OUR PRIVACY POLICY.
</p>
<p>
Any suspension, termination or cancellation will not affect your obligations to
Anime-Planet under the TOU (including, without limitation, proprietary rights
and ownership, indemnification and limitation of liability), which by their
sense and context are intended to survive such suspension, termination or
cancellation.
</p>
<p>
You acknowledge and agree that Anime-Planet may preserve and disclose
information available on the Site if required to do so by law, or if Anime-Planet
determines that such preservation or disclosure is reasonably necessary to
(1) comply with legal process, (2) enforce the TOU, (3) respond to claims that
any such data violates the rights of others, or (4) protect the rights, property
or personal safety of Anime-Planet, its employees, users of or visitors to the
Site, and the public.
</p>
<p>
You may terminate your Anime-Planet Registration at any time and for any
reason by contacting us via Contact Us and using the
'Delete my account' option in the dropdown box.
Upon any such termination, your account
will no longer be accessible.
however, Anime-Planet may, in its discretion, continue to
post any recommendations, synopses, descriptions, reviews, ratings, lists, contest
related information, comments and other information and data you posted through
or in connection with your access to the Site.
</p>
<p>
<b>Our Rights to the Site, Badges, Tags, Articles and Other Content and Your
Feedback.</b> Anime-Planet and its licensors reserve all right, title, and
interest in and to the name Anime-Planet, anime-planet.com, and to any and all
trademarks, logos, text, data, graphics, music, sounds, code and designs
associated with our name or with the Site, including but not limited to the
look and feel of the Site, theme images, badges and tags, articles, reviews,
recommendations, synopses, and descriptions we post and/or make available on the
Site, articles and reviews, and any and all services and their underlying
functionality which are or may be provided on the Site (individually and
collectively, the "Anime-Planet Content").
In addition, Anime-Planet reserves
all rights to feedback you may provide regarding the Site, if applicable.
By
submitting any feedback, you agree that your submission is gratuitous,
unsolicited and without restriction and will not place Anime-Planet under any
fiduciary or other obligation, that we are free to disclose any such feedback
on a non-confidential basis to anyone or otherwise use such feedback without
any additional compensation to you.
You acknowledge that, by acceptance of your
submission, Anime-Planet does not waive any rights to use similar or related
ideas previously known to it, or developed by its employees, or obtained from
sources other than you.
</p>
<p>
All rights not otherwise granted under the TOU are reserved by Anime-Planet and
its suppliers.
</p>
<p>
You will not remove, alter or conceal any copyright, trademark, service mark or
other proprietary rights notices incorporated in or accompanying the Site, the
Anime-Planet Content, any other content made available through the Site or
related products and services, and except as explicitly described herein, you
will not reproduce, modify, adapt, prepare derivative works based on, perform,
display, publish, distribute, transmit, broadcast, sell, license or otherwise
exploit the Site, the Anime-Planet Content or any other content made available
through the Site.
</p>
<p>
<b>Roles, Reviewers, Moderators, etc.</b> From time to time, Anime-Planet may
designate certain Users to provide reviews, moderate discussions and commentary
related to anime, Anime-Planet Content, User content and/or third party content.
Such designation shall not be construed as an endorsement of the authority of
any such User as an authority with respect to such subject matter or otherwise.
In addition, such designation may be granted and revoked by Anime-Planet, in its
sole discretion, at any time.
</p>
<p>
<b>Responsibility for Your Content and the Content of Other Users.</b> You are
solely responsible for any ratings, recommendations, lists, comments, posts,
reviews, synopses, images, articles, text, data, graphics and other content and
material that you submit, publish or display on the Anime-Planet Site or
transmit to other members and/or other Users (hereinafter, "Content").
</p>
<p>You may not:</p>
<ul>
<li>
post, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the
prior written consent of the owner of such proprietary rights.
</li>
<li>
submit any Content or material that infringes, misappropriates or violates
the intellectual property, publicity, privacy or other rights of any party.
</li>
<li>
provide any Content that falsely states or implies that such Content or
material is sponsored or endorsed by Anime-Planet.
or
</li>
<li>
provide any Content that is unlawful or that promotes or encourages
illegal activity or which violates the TOU.
</li>
</ul>
<p>
Anime-Planet reserves the right in its sole discretion, but has no obligation,
to monitor your Content and the content posted by others, and may modify,
suspend and/or remove such content or any portion thereof at any time, and/or to
investigate and take appropriate legal action against anyone who or whose
Content violates the TOU in its sole discretion (such action may include
termination of the Registration and/or blocking your use of the Site).
Anime-Planet does not review and cannot verify or warrant the accuracy of any
content posted by Users.
</p>
<p>You may not post Content that:</p>
<ul>
<li>
is false or intentionally misleading, including but not limited to
falsely marking Site content in a manner that distorts Site statistics
or other Site results (e.g.
increasing the Site counters, lowering or
increasing ratings, etc.).
</li>
<li>
is patently offensive to users of the Site, such as
Content or messages that promote racism, bigotry, hatred, or physical
harm of any kind against any group or individual.
</li>
<li>
harasses or advocates harassment of another person, including but not
limited to negative comments related to other Users.
</li>
<li>
involves the transmission of unsolicited mass mailing or "spamming".
</li>
<li>
violates the intellectual property or other rights of any person.
</li>
<li>
promotes illegal activities or conduct that is abusive.
</li>
<li>
promotes activities or websites that violate international copyright
laws.
</li>
<li>
is threatening, obscene, defamatory or libelous.
</li>
<li>
is pornographic or sexually explicit in nature.
and
</li>
<li>
seeks or recommends providers of material that exploits people under
the age of 18 in a sexual or violent manner, or seeks or recommends
providers that solicit personal information from anyone under 18.
</li>
</ul>
<p>
You acknowledge and agree that Anime-Planet may, at its option, reclassify or
re-categorize any Content and establish limits concerning Content, including,
without limitation, the maximum number of days that Content will remain
available via the Site, the maximum size of any files that may be stored on or
uploaded to the Site and the maximum disk space that may be allotted to you for
the storage of Content on our servers.
Although Anime-Planet exercises
commercially reasonable efforts to ensure that legitimate data stored on its
servers is not lost, Anime-Planet will have no responsibility or liability for
maintaining copies of your Content on our servers, and you are solely
responsible for creating backups of your Content.
</p>
<p>
<b>Ownership and use of your Content.</b> By posting Content on the
Site, you hereby grant, and you represent and warrant that you have the right
to grant Anime-Planet, its partners and affiliates, successors and assigns
(individually and collectively, the "Anime-Planet Parties") an irrevocable,
perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license
to modify, use, copy, publicly perform, digitally perform, publicly display,
reformat, translate, excerpt (wholly or partially), sell and distribute your
Content, with or without personal reference to you, to prepare derivative works
of, and incorporate into other works, such Content.
The foregoing license
includes, without limitation, the right to share your Content with third
parties for any purpose, commercial, advertising, or otherwise, on or in
connection with the Anime-Planet Parties and/or the Site or the promotion
thereof, to prepare derivative works of, or incorporate into other works, Your
Content, and to grant and authorize sublicenses of the foregoing.
In addition,
you grant such license even with reference to you as necessary to enable
Anime-Planet to permit you to use and access the Site, including your sharing
your Content with other Users of the Site.
This license is non-exclusive,
except you agree that Anime-Planet shall have the exclusive right to practice
this license to the extent of combining your Content with materials, designs, or
other content of Anime-Planet, its partners and affiliates or of other Users.
</p>
<p>
Notwithstanding anything set forth herein, Anime-Planet shall own, and you
hereby transfer and assign to Anime-Planet, all right, title and interest in
and to (i) any Content you create which derives, directly or indirectly, from
the Anime-Planet Content, including but not limited to, themes, site skins,
templates, (ii) any Content which you create at Anime-Planet's request or with
Anime-Planet's direction, including but not limited to any Content you create in
connection with contests or promotions sponsored by the Site.
and (iii)
Anime/Manga synopses and character, person or other descriptions you submit for
Anime-Planet's use on the Site.
</p>
<p>
<b>User Obligations.</b> You agree that, while using the Site, you will comply
with all applicable laws and regulations You will not use the Site in any of the
following ways:
</p>
<ul>
<li>upload, post, transmit, share, store or otherwise make available on the
Site any of the following:
<ul>
<li>
unsolicited advertising, solicitations, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any
other form of solicitation.
</li>
<li>
any personal information of any third party, including, addresses,
phone numbers, email addresses, Social Security numbers and credit
card numbers without their consent.
</li>
<li>
software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment.
</li>
<li>
content that would constitute, encourage or provide instructions for
a criminal offense, violate the rights of any party, or that would
otherwise create liability or violate any local, state, national or
international law, including any material that infringes any
copyright, patent, trademark, trade secret or other proprietary
rights of any person or entity.
</li>
</ul>
</li>
<li>
inappropriately solicit personal information, or otherwise solicit
passwords or personally identifying information for commercial or
unlawful purposes.
</li>
<li>
intimidate or harass another.
</li>
<li>
harvest, collect, or otherwise gather personal or contact information,
including email addresses, of other Users by electronic or other means
in order to send unsolicited emails or other unsolicited communications
in any form.
</li>
<li>
disable, otherwise impair, overburden, or damage the Site.
</li>
<li>
use any sort of technology, including automated scripts, to collect
information from or otherwise interact with the Site.
</li>
<li>
use Anime-Planet to do anything unlawful, misleading, malicious, or
discriminatory.
</li>
<li>
use any "deep-link", "page-scrape", "robot", "spider" or other
automatic device, program, algorithm or methodology, or any similar or
equivalent manual process, to access, acquire, copy or monitor any
portion of the Site or any Content, or in any way reproduce or
circumvent the navigational structure or presentation of the Site or
any Content, to obtain or attempt to obtain any materials, documents or
information through any means not purposely made available through the
Site.
</li>
<li>
probe, scan or test the vulnerability of the Site or any network
connected to the Site, nor breach the security or authentication
measures on the Site or any network connected to the Site.
You may not
reverse look-up, trace or seek to trace any information on any other
user of or visitor to the Site, or any other User, to its source, or
exploit the Site or any service or information made available or
offered by or through the Site, in any way where the purpose is to
reveal any information, including but not limited to personal
identification or information, other than your own information, as
provided for by the Site.
or
</li>
<li>
misrepresent yourself, your age or your affiliation with any person or
entity, including the creation of duplicate or false Profiles of any
kind or nature.
</li>
</ul>
<p>
<b>Protecting Copyrights and Other Intellectual Property.</b> If you believe your work
has been copied and posted on or through the Site in a way that constitutes copyright
infringement, or any other infringement of your intellectual property rights, please
contact us at abuse@anime-planet.com.
</p>
<p>
<b>Disclaimers.</b> We have implemented commercially-reasonable technical and
organizational measures designed to secure data and information from accidental loss and
from unauthorized access, use, alteration or disclosure.
However, we cannot guarantee
that such measures will never be defeated or that your personal information will never be
used for improper purposes.
</p>
<p>
You use any information which you gather from third party Users' content at your own
risk.
Although we provide rules, including the TOU, for use of the Site, we do not
control and assume no responsibility for what Users may post, upload, transmit, share,
store or otherwise make available on the Site.
Further, Anime-Planet is not responsible
for the conduct of any User on the Site or offline.
</p>
<p>
The Site and Your Content may not be available from time to time for scheduled
maintenance and for other reasons.
We are not responsible for any damages whatsoever as
a result of the Site not being available.
Further, we are not responsible for any
hacking, hijacking, or other manipulation of the Site, or for any resulting damages, or
for any loss of data (including but not limited to any loss that results in loss of your
Content).
Finally, we are not responsible for any failure of software, telecommunications
equipment, computer hardware, computer systems or servers, technology services, or any
other related product or service and we assume no liability for injury or damage relating
to the use of the Site or downloading of any technology of the Site.
Under no
circumstances will Anime-Planet be responsible for any damage or loss to a User,
including personal injury or death, resulting from or related to a User's use of the
Site, or any Third Party Content posted thereto.
</p>
<p>
THE SITE PROVIDED "AS-IS." YOU BEAR THE RISK OF USING IT.
WE GIVE NO EXPRESS WARRANTIES,
GUARANTEES OR CONDITIONS.
YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS
WHICH THIS AGREEMENT CANNOT CHANGE.
TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS,
ANIME-PLANET EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE FURTHER GIVE NO WARRANTIES THAT THE SITE
WILL FUNCTION A PARTICULAR WAY OR MEET ANY PARTICULAR STANDARD.
</p>
<p>
Suggestions and/or references to any commercial enterprise by Users on the Site do not
constitute an endorsement or warranty of any kind by us related to of any particular
service, party, or product.
You act on any and all information which you gather from the
Site at your own risk.
</p>
<p>
<b>Limitation of Liability and Exclusion of damages.</b> To the extent permissible under
applicable law, the maximum amount you may recover from Anime-Planet is direct damages
up to U.S.
$10.
To the extent permitted by applicable law, Anime-Planet will not be
liable for any other damages, including consequential, lost profits, special, indirect
or incidental damages.
This limitation applies to anything related to the Site and the
provision of or failure to provide technical or other support services, and claims for
breach of contract, breach of warranty, guarantee or condition, strict liability,
negligence, or other tort to the extent permitted by applicable law.
This exclusion
applies even if Anime-Planet knew or should have known about the possibility of the
damages.
</p>
<p>
<b>Indemnity.</b> You agree to indemnify and hold Anime-Planet, its subsidiaries, and
affiliates, and their respective officers, agents, partners and employees, harmless from
any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of your use of the Site and/or arising from a breach
of the TOU.
</p>
<p>
<b>U.S.
Export Controls.</b> To the extent that the Site is subject to United States laws
and regulations regarding the export of software, you are responsible to comply with those
laws.
International treaties and laws may also apply to your use of the Site.
You are
responsible to for complying with those laws as well.
</p>
<p>
<b>Disputes.</b> Washington state law in the U.S.A.
governs the interpretation of this
Agreement, and claims for breach of it.
You and Anime-Planet agree to submit to the
exclusive jurisdiction of the courts located within the State of Washington to resolve
any dispute arising out of the Agreement or the Site.
Your local laws may apply for
claims in tort, unfair competition, and consumer protection.
</p>
<p>
<b>Notice.</b> You consent to the use of electronic records to store information
related to the TOU or your use of the Site.
Any notice or other communication to be
given hereunder will be in writing and given (x) by Anime-Planet via email (in each case
to the address that you provide), (y) a posting on the Site or (z) by you via email to
webmaster@anime-planet.com or to such other addresses as Anime-Planet may specify in
writing.
The date of receipt will be deemed the date on which such notice is transmitted.
</p>
<p>
<b>Miscellaneous.</b> In the event that any provision in the TOU is held to be invalid
unenforceable, the unenforceable part will be given effect to the greatest extent
permitted by law and the remaining provisions will remain in full force and effect to
the maximum extent permitted by law.
The failure of a party to enforce any right or
provision of the TOU will not be deemed a waiver of such right or provision.
You may
not assign or transfer the TOU (by operation of law or otherwise) without the prior
written consent of Anime-Planet and any prohibited assignment will be null and void.
Anime-Planet may assign the TOU or any rights hereunder without your consent.
You agree
that the TOU and the rules, restrictions and policies contained herein, and
Anime-Planet's enforcement thereof, are not intended to confer and do not confer any
rights or remedies upon any person other than you and Anime-Planet.
The TOU together
with the policies of Anime-Planet incorporated herein by reference constitute the entire
agreement between Anime-Planet and you with respect to the subject matter of the TOU.
</p>