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.
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.
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.
IF YOU DO NOT ACCEPT THE TOU IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE.
Void Where Prohibited. Use of the Site is void where prohibited.
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.
Registration. 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.
To Register, you must:
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.
Interactions With Other Users. 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.
Term and Termination. This Agreement remains in effect with respect to your use of the Site even after your Registration is deleted or you leave the Site.
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:
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.
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.
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.
Our Rights to the Site, Badges, Tags, Articles and Other Content and Your Feedback. 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.
All rights not otherwise granted under the TOU are reserved by Anime-Planet and its suppliers.
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.
Roles, Reviewers, Moderators, etc. 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.
Responsibility for Your Content and the Content of Other Users. 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").
You may not:
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.
You may not post Content that:
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.
Ownership and use of your Content. 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.
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.
User Obligations. 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:
Protecting Copyrights and Other Intellectual Property. 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 [email protected]
Disclaimers. 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.
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.
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.
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.
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.
Limitation of Liability and Exclusion of damages. 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.
Indemnity. 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.
U.S. Export Controls. 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.
Disputes. 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.
Notice. 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 [email protected] 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.
Miscellaneous. 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.